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Lixenburg v. Bioworld Merchandising, Inc.

United States District Court, C.D. California

June 20, 2016

DANA RUTH LIXENBERG, an Individual, Plaintiff,
v.
BIOWORLD MERCHANDISING, INC., a Texas Corporation; REMRYLIE LICENSING, INC., a California Corporation; et al. Defendants.

          LEWIS BRISBOIS BISGAARD & SMITH LLP William E. Pallares Attorneys for Defendants BIOWORLD MERCHANDISING, INC., FOREVER 21, INC., FOREVER 21 RETAIL, INC., HOT TOPIC, INC., MACY’S INC., MACY’S RETAIL HOLDINGS, INC., TARGET CORPORATION, URBAN OUTFITTERS, INC., ROSS STORES, INC., RUE 21, INC., SPENCER GIFTS LLC, GORDMANS, INC., and SEARS HOLDINGS CORPORATION

          DONIGER / BURROUGHS Scott Alan Burroughs Attorneys for Plaintiff

          DANA LIXENBERG NIXON PEABODY LLP Staci Jennifer Riordan Attorneys for Defendant

          REMRYLIE BRYAN CAVE LLP Robert G. Lancaster Attorneys for Defendant WAL-MART STORES, INC.

          STIPULATED PROTECTIVE ORDER

          HON. MICHAEL R. WILNER UNITED STATES MAGISTRATE JUDGE

         1. INTRODUCTION

         1.1 PURPOSES AND LIMITATIONS

         Discovery in this action is likely to involve production of confidential proprietary or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the court to file material under seal.

         1.2 GOOD CAUSE STATEMENT

         This lawsuit involves, inter alia, a copyright claim wherein Plaintiff Dana Lixenberg alleges that the defendants copied images of Christopher Wallace, aka Notorious B.I.G., and Tupac Shakur onto apparel and sold allegedly infringing products (the “accused products”) to the public.

         The parties anticipate that discovery in this matter will seek confidential and proprietary information, including, but not limited to, relative to the development, production, marketing and sale of the accused products as follows:

• revenues generated from the sale of the accused products;
• royalties derived from the sale of the accused products;
• cost of goods associated with the accused products;
• pricing points for the manufacture and sale of the accused products;
• transactional documents associated with the sale of the accused products;
• licensing agreement;
• gross revenues associated with the sale of the accused products;
• profits margins associated with the sale of the accused products;
• general financial information for the parties;
• expenses for the purchase and sale of goods;
• marketing channels;
• purchase price for the accused products;
• non-public business plans, product development information, or marketing plans;
• non-public research and development information; and
• trade secrets.

         The majority of the parties are retail defendant competitors in the apparel and fashion industry. This financial, marketing and product development information is not intended for public disclosure, nor to competitors. The parties, in the past, have routinely sought and agreed to prevent sensitive financial, marketing and product development information from entering into the public domain. Further, public disclosure of sensitive financial, marketing and product development ...


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