Declaration of Paul Brown

IN SUPPORT OF MOTION TO DISMISS

IN SUPPORT OF MOTION TO DISMISS

I, Paul A. Brown, of Fowlmere, Royston, Herts, United Kingdom, declare under 28 U.S.C. § 1746, that the following testimony is true and correct:

1. My full name is Paul A. Brown. I reside at _______. 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 < jaguarenthusiastsclub.com >. I registered the Domain Name in January, 2000. I have been the owner of several Jaguar automobiles over time, and consider myself to be a Jaguar enthusiast. I registered the Domain Name for the purpose of publishing a Website for Jaguar enthusiasts like myself, in order to develop a community and share common interests. The site that I developed for Jaguar automobile enthusiasts existed for approximately two months. I developed the Website because of my prior ownership of and enthusiasm for Jaguar automobiles. At the time, thought it would be useful for fellow enthusiasts to connect with one another and to share experiences and ideas. The site was a hobby and did not receive much Web traffic in the brief time it was published.

4. Subsequently, I received a demand letter from Ford Motor Company in approximately May, 2000. Inasmuch as Ford objected to me to speaking favorably about their automobiles, I have changed the Website so that now it only discusses jaguar cats – a threatened species. The Website now has no reference whatsoever to automobiles.

5. I have no knowledge or reason to believe that any Michigan resident has ever even seen either of my websites. My Website is a passive Website. The Website does not enable visitors (and never has enabled them) to buy or sell any goods or services or to engage in any commercial transactions over the Internet.

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

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

8. 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.

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

10. 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.

11. 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.

12. 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.

13. 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.

14. I have never received any communication or other inquiry from any Michigan resident about the Website, other than lawsuit papers and related materials by Ford Motor Company

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

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, and the laws of the United Kingdom, that the foregoing is true and correct.

Date:__________________________ ______________________________________

PAUL BROWN

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