ULTRA: Strengthening Intellectual Property through Intelligence

Company Overview andCase Studies Involving Companies

NVIDIA, eBay, & Ariat

Presentation For Cooley Godward LLP

http://www.avestar-ip.com

• Avestar-IP was created by Navastream Corporation to address the growing challenges businesses face defending their intellectual property and corporate identity onlineSince 2001, Avestar-IP and Navastream have offered a sophisticated suite of intelligent online information management technology. Navastream Corporation is also the leading North American provider of strong encryption technology for GSM cellular phones.

• Collaboration – Secure Project ManagementOurProject ASP (http://www.ourproject.com), in Standard, Enterprise, & Enterprise LAN editions

• Intelligence – ULTRA ASP PlatformPatent-pending ULTRA offers a full suite of sophisticated ASP-based Internet intelligence tools that Avestar-IP can customize to provide the look and feel of a partner's own internally developed software. In May 2006, Iron Mountain launched ULTRA as its “Enforcement Service.”

Overview of Avestar-IP

ULTRA environment summary

• The last decade has seen a gradual shift from “motiveless” hacking to organized online criminal activity and increased Internet fraud; according to a Financial Times survey conducted by IBM, Internet crime now a larger threat than traditional hacking

• The explosion in the volume of information created and published daily on the Internet makes it impossible to track and archive relevant Information manually

• Previously, it has not been possible to police worldwide use of trademarks, knock-offs/third-shift sales and unauthorized reselling; however, as the volume of trade on the Internet grows, with highly sophisticated monitoring technology, it is becoming possible to patrol this universe effectively.

ULTRA service summary

Through custom, client-controlled, continuous Internet monitoring, ULTRA gives companies and their attorneys the power to detect, track, and analyze potential and imminent threats to corporate identity. The industry’s most sophisticated tool both to manage and protect IP, ULTRA provides clients a secure, multi-user environment where employees from such diverse functional groups as legal, marketing, and product development can easily share information and collaborate to monitor the company’s online presence and to track and maintain trademarks, brands, patents, and products.

Clients use ULTRA to automatically identify unauthorized resellers, linking relationships, trademark usage, copycat sites, counterfeit product sales/auctions, and relevant patent and trademark applications. In addition, ULTRA identifies domain name registrations including company trademarks and similarities, and tracks online references to client companies, whether by employees or customers or on newsgroups, blogs, or bulletin boards.

ULTRA technological superiority

• Superior Information GatheringULTRA collects information using a multidimensional combination of proprietary algorithms designed specifically for tracking intellectual property. ULTRA presents users with critical online intelligence quickly in a logical and structured format via a standard Internet browser.

• Efficient PresentationULTRA delivers its finding through an advanced and easy-to-use ASP architecture that allows busy executives to quickly understanding important developments without wasting time using generic and consumer-based tools, such as those offered by Google or Yahoo!.

• Patent PendingOn February 17, 2006, we filed a patent application (“Method for Real-Time Internet Search and Database Creation”) in defense of ULTRA. In due course, we are optimistic that this patent will be granted.

ULTRA service offerings

• Domain name enforcement Monitor real-time registrations of infringing domain names, both typo squatters and trademark squatters

• Logo/picture tracking and recognition Track logo/trademark use and infringement online

• Patent and trademark database management Manage company-owned patents and trademarks and stay on top of patent applications in your company’s product area(s)

• Newsgroup & blog reports Track rumors, hoaxes, and grassroots threats as well as monitor for company employees blogging about official business

• Track auction sales of company products Identify auctions in which company products, or counterfeit company products, are being sold.

• Brand usage reports Determine which resellers, consumer associations, and unauthorized parties are using Company brands

• Custom searches for key words and phrases Monitor brands, patents, topics, and key players' identities

• At the request of Todd Bontemps, Avestar-IP opened cases pertaining to trademarks eBay, NVIDIA, and Ariat.• Using ULTRA, we generated sample reports relating to these case studies and, in the following slides, we have highlighted how a user could use the system to generate these reports.• ULTRA is designed as a monitoring service, and as such it captures only new posts to the web, new applications, and new domain name registrations. Although we have the capability to scan all web content, such

activities were beyond the scope of this sample case study.• Key findings/limitations were as follows:

– All three accounts suffered from domain name (typo)squatting/monetization, although NVIDIA and eBay returned substantial more results than Ariat.– Due to the strong online presence of Ariat’s and NVIDIA’s retailers, these account returned substantial trademark usage by others. However, without knowing the details of these company’s retail agreements and trademark usage guidelines,

we cannot definitively identify questionable activities.– Because we did not upload company logos, image results are more limited than would typically be the case.

Sample case results

• On June 10, Spiral Matrix (a/k/a Kentech Inc.) launched a domain monetization campaign on NVIDIA trademarks. By early morning on June 11, this campaign could be easily identified using ULTRA. By filtering for “Spiral Matrix” as shown, a complete list of the 53 infringing domain names can be identified (image on right) and exported into a report (image on left).

Domain name registrations

Expand the tree to view ccTLDs (i.e., international domains) with the same term.

To aid in quickly determining site content, ULTRA automatically collects the website title and initial text.

Easily retrieve who-is information

Email or print reports

Domain name registrations• Looking back to last week, all the domain names registered including similarities to the NVIDIA trademark were abandoned. Using ULTRA,

this can be easily determined, as the checkmark in the second column has been automatically removed and no text from the website is displayed.

• However, ULTRA saves a record of the registration attempt in the event the user later wants to prove a pattern of behavior.• Although not performed below, ULTRA can be configured to automatically reprioritize (lower) websites whose domain names have been

revoked or where no webpage is served.

ULTRA is also capable of catching domain name registrations including

misspellings of trademarks.

The lack of a checkmark indicates that the site is no

longer active.

Monitor other’s use of owned trademarks

• ULTRA allows users to monitor use of company/client-owned trademarks by others and identify use (i) not in keeping with trademark guidelines or (ii) by potentially unauthorized parties. Users can view both archived and live pages and with a single click determine who owns the website in question.

Monitor non-traditional references

Filter newsgroup references for

particular concerns…

…review auctions…

…blogs, and more…

Sample screen shots – reports

Use the built-in dashboard…

…or build smaller, custom reports

Sample Screen Shots - PatentsAutomatically monitor

developments in your space…

…while managing company-owned

patents

Developments 2007

• Websites found by the domain name gazette crawler will automatically categorize its findings as parked, parked with advertisements, commerce, commentary, or other; sorting, prioritizing, and/or filtering on this field will be possible• Domain name registrants who have been involved in arbitration will be flagged in the domain name gazette crawler. Users will also be able directly to access an up-to-date ULTRA-maintained database of all gTLD and ccTLD domain

name arbitrations• Users will be able to view a list of all eBay users who sell their products (rather than auctions in which their products are sold) and sort by selling price, volume, and/or feedback rating• Users will be able to automatically generate cease-and-desist letters with mild, medium, or strong language that are automatically populated with the domain name registrant’s information and, if desired, the company’s own trademark

information• A case management system that permits users to track the progress of enforcement actions• Gazette crawler notification whenever an owned patent or prior art of an owned patent is identified in a new patent application• More robust user-facing filtering systems and inflammatory content identification algorithms

However, we find that our customers typically provide the best suggestions for future product enhancements, and we work aggressively with them to add their desired

features to the ULTRA ASP Service.

Biography: Edward Fenster, CEO

Previously, Edward served as Director of Corporate Development at Asurion Corporation, the leading provider of insurance and enhanced services to more than 50 million wireless subscribers in the United States and Asia. With 2005 revenues in excess of $700 million, the company has generated explosive organic growth of nearly 65% on a five-year compounded basis. Edward was responsible for identifying, structuring, and executing opportunities to expand into new sectors through both acquisitions and business development. He orchestrated new business initiatives in the areas of satellite radio and DSL as well as engineered Asurion’s purchase of Warranty Corporation of America. He also launched the firm's long-term financial planning activities.

Prior to his time at Asurion, Edward spent over four years at The Blackstone Group, the world’s largest private investor, principally in the firm’s Private Equity group. While at Blackstone, Edward completed a dozen acquisitions, divestitures, and restructurings valued at over $10 billion, including companies headquartered in six countries and spanning industries including telecommunications, biotechnology, software, industrials, and consumer and financial services. He also introduced Blackstone to the management team that the firm tapped to run a group of under-performing television stations acquired from Emmis Communications Corp.

Edward has also held roles at Bloomberg, L.P., in the information technology group of Citigroup Inc., and in the investment banking division of Needham & Company, Inc. In addition, he serves as Advisory Partner to Millennium Technology Value Partners, L.P., a private equity firm formed to provide investors with liquidity on their venture capital holdings, non-core operations, and other generally illiquid assets.

Edward graduated with a Bachelor of Arts in Economics and a minor in Computer Science from The Johns Hopkins University, where he also taught C and C++ programming. He is currently completing the Masters in Business Administration program at Stanford University.

Prior to co-founding Navastream, Altura was Chief Sales Officer for Germany’s leading IT Security and Hardware Encryption manufacturer Biodata Information Technology AG. Altura was responsible for OEM, Strategic Alliances and general worldwide sales and marketing of Biodata AG products including Encryption, Firewall, Brand Protection and Image Search. Altura joined Biodata AG after the company he founded, AB Systems Inc., specializing in high-speed voice and video-over-IP encryption was acquired by Biodata AG in 1999.

Prior to founding AB Systems, Altura was director of International Sales and Marketing for Biodata AG’s predecessor Biodata GmbH in Lichtenfels, Germany where he grew sales from less than $200,000 to more than $24 million.

Altura holds a B.S. in Economics and Art History and Masters in Computer Science from University of Maryland, University College in Heidelberg, Germany. Altura is an avid Cryptographer and served in the United Sates Army’s Judge Advocate General’s Corps.

He also serves on the advisory board of The Camelot Group, Takima Entertainment and has raced in the Trans-Siberian winter Road Rally race where his Team Takima took first place in March 2003.

Biography: Altura Ewers, COO/SVP

ULTRA: Strengthening Intellectual Property through Intelligence

www.avestar-ip.com

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