UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

FORD MOTOR COMPANY, et al.,

Plaintiffs

v. Case No. 00-71544

Hon. Gerald E. Rosen

GREAT DOMAINS.COM, INC., et al., United States District Judge

Defendants

____________________________________/

DECLARATION OF THOMAS COOPER

IN SUPPORT OF MOTION TO DISMISS

I, Thomas Cooper, of Martinsville, New Jersey, declare under 28 U.S.C. § 1746, that the following testimony is true and correct:

1. My full name is Thomas Cooper. I reside at 817 Chimney Rock Road, Martinsville, NJ 08836. I am over 18 years of age and competent to make this affidavit.

2. I have first-hand and personal knowledge of the matters stated in this Declaration, except where statements are specifically identified as based upon information and belief, and as to those statements, I am so informed after reasonable investigation and believe them to be true. If called upon to testify to the statements in this Declaration, I could and would competently do so under oath.

3. I own the Internet Domain Name < vintagevolvos.com >. I registered the name in or about January, 2000. I never developed or launched a web site at the domain, until after I was sued by Ford Motor Company. The only Website that has been published at this Internet address is one that complains about how I have been mistreated at the hands of Ford Motor Company, as many other victims of Ford’s litigiousness. Thus, this “gripe site” Website cannot possibly be “confusing” to Website visitors for trademark purposes.

4. I have been an owner of vintage Volvo automobiles since 1982 and originally intended to use the Domain Name to develop a site for enthusiasts of vintage Volvos to connect to each other and share useful resources. However, because of the intervening litigation, the planned enthusiast Website has never been published. Since no enthusiast Website ever existed at the < vintagevolvo.com > address, no Michigan resident could even have seen the Web site, much less interacted with it. The Website currently published at the address is essentially passive and non-commercial. It does not enable visitors to buy or sell any goods or services and does not enable them to complete any commercial transactions. The Website is for informational purposes, and is obviously a legitimate use of the Domain Name.

5. I am a self-employed computer consultant. I own Lauchpad.com, a website that provides tools for building web portals and “virtual office” applications to its users.

6. To the best of my knowledge, information and belief, neither I, personally, nor Launchpad.com, has ever sold any products or services to anyone in Michigan.

7. I have never visited the state of Michigan. I have never been physically present anywhere in or near the state of Michigan.

8. I have not transacted any business within the State of Michigan.

9. I have never done any tortuous act within the State of Michigan, or caused any tortuous act to be done, or consequences to occur within the State of Michigan.

10. I have never owned, used or possessed any real or tangible personal property situated within the State of Michigan.

11. I have never contracted to insure any person, property, or risk located within the State of Michigan at the time of contracting or at any other time.

12. I have never sold any products or services to anyone within the State of Michigan. I have never entered into any contract for services to be rendered or for any materials to be furnished within the State of Michigan, by me or by anyone else. I have never derived any revenue from any goods used or services rendered within the State of Michigan.

13. I have never acted as a director, manager, trustee, or other officer of any corporation incorporated under the laws of, or having its principal place of business within, the State of Michigan.

14. I have never maintained a domicile in the State of Michigan – while subject to a marital or family relationship which is the basis of any claim for divorce, alimony, separate maintenance, property settlement, child support, or child custody -- or otherwise.

15. The Website is published exclusively on a “server” computer physically located in New Jersey. All activities related to the design and publication of the Website were contracted for and performed exclusively in New Jersey.

16. I have never been registered with the State government of Michigan to transact business in Michigan, to employ Michigan residents, or to collect or pay Michigan taxes. I have never had (and do not now have) any offices, real estate, bank accounts, or personal property in the State of Michigan. I have never had any sales representatives, sales agents, employees, or agents in Michigan.

17. I do not have, and have never had, any postal address, offices, residences, telephone listing, or telephone numbers in Michigan.

18. I have never engaged in any continuous and/or systematic pattern of activity, commercial or otherwise, involving or directed toward the State of Michigan at any time. I have never engaged in any other persistent course of activity directed at Michigan and I have never purposefully availed myself of the State of Michigan, or of the benefits and protections of its laws, at any time whatsoever.

I declare under penalty of perjury under the laws of the United States of America, including 28

U.S.C. § 1746, that the foregoing is true and correct.

Date:__________________________ ______________________________________

TOM COOPER

Please send any questions or comments to webmaster@eff.org.