Deckers Outdoor Corp. v. Iconix Brand Group, Inc.

          Brent H. Blakely (SBN 157292) Cindy Chan (SBN 247495) Jessica C. Covington (SBN 301816) BLAKELY LAW GROUP Attorneys for Plaintiff Deckers Outdoor Corporation

          PROTECTIVE ORDER

          Hon. Manuel L. Real, Judge

         WHEREAS, certain documents and information have been and may be sought, produced, or exhibited by and between the parties in the above-captioned actions that relate to the parties' financial, competitive, personnel, or other kinds of commercially sensitive information that the party making the production deems confidential; and

         WHEREAS, it has been agreed by and among plaintiff Deckers Outdoor Corporation and Defendants Iconix Brand Group, Inc. and Kmart Corporation through their respective counsel, that a stipulated protective order ("Protective Order") preserving the confidentiality of certain documents and information should be entered by the Court; and

         WHEREAS, the Court has reviewed the terms and conditions of this Protective Order submitted by the parties;

         IT IS HEREBY ORDERED THAT this Protective Order shall govern all Confidential Material disclosed by a Producing Party to any Discovering Party. This Protective Order is binding on the Parties, including their respective corporate parents, subsidiaries, and affiliates, and their respective attorneys, agents, representatives, officers, employees, and others as set forth in this Protective Order, effective as of the date all parties execute this stipulation.

         DEFINITIONS

         1. As used in this Protective Order:

a. "Confidential Material" means Material designated as "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY" under Paragraphs 2 and 3 below.

b. "Designating Party" means any Person who designates Material as Confidential Material.

c. "Discovering Counsel" means counsel of record for a Discovering Party.

d. "Discovering Party" means the Party to whom Material is being Provided by a Producing Party.

e. "Material" means any document, testimony, exhibit, declaration, affidavit, or information in any form or medium whatsoever, including, without limitation, any written or printed matter, Provided in these actions by a Party before or after the date of this Protective Order.

f. "Party" means a party to these actions, their attorneys of record, and their agents.

g. "Person" means any individual, corporation, partnership, unincorporated association, governmental agency, or other business or governmental entity whether a Party or not.

h. "Producing Party" means any Person who Provides Material during the course of these actions.

i. "Provide" means to produce any Material, whether voluntarily or involuntarily, whether pursuant to request or process.

         CONFIDENTIAL DESIGNATION

         2. A Producing Party may designate as "CONFIDENTIAL" any Material that contains or discloses any of the following:

a. Non-public insider, personnel, financial, trade secret, commercial, proprietary, or other confidential or sensitive information which the Producing Party determines in good faith should be kept confidential; and b. Information that the Party is under a duty to preserve as confidential under an agreement with or other obligation to another Person.

         3. A Producing Party may designate as "ATTORNEYS' EYES ONLY" any Material that contains or discloses information that it in good faith believes to be extremely commercially sensitive or would provide a competitive advantage to competitors or compromise or jeopardize the Producing Party's business interests if disclosed.

         4. A Producing Party may designate Confidential Material by either of the following methods:

a. By physically marking the Material with the designation "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY" prior to Providing it to a Party. For purposes of this method of designation, the marking will be placed clearly on each page of the document Provided. For deposition and hearing transcripts, the marking will be placed on the cover page of the transcript.

b. By identifying with specificity in writing to the Discovering Party any previously Provided Material that was not designated as Confidential Material prior to its having been Provided. For purposes of this method of designation, it will be a sufficiently specific identification to refer to the Bates numbers or deposition page numbers of previously Provided Material. Where a Producing Party designates previously Provided Material as Confidential Material pursuant to this subparagraph, the Producing Party will follow the procedures set forth in the previous subparagraph for designating Confidential Material and Provide to the Discovering Party additional copies of the previously Provided Material marked with the designation "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY." Upon receiving such additional copies, the Discovering Party will destroy all the previously Provided Material. For previously Provided Material that was not designated as Confidential Material at the time it was Provided, this Protective Order shall apply beginning on the date that the Producing Party makes such a designation.

         5. Confidential Material may only be filed under seal or in camera in accordance with Civil Local Rule 79-5, the Pilot Project for the Electronic Submission and Filing of Under Seal Documents, and the Orders of this Court.

         RESTRICTION ON USE OF CONFIDENTIAL MATERIAL

         6. Material designated as CONFIDENTIAL and ATTORNEYS' EYES ONLY shall not be disclosed, nor shall their contents be disclosed, to any Person not listed, respectively, in Paragraphs 8 and 9 below, and other than in accordance with the terms, conditions, and restrictions of this Protective Order.

         7. Confidential Material shall not be used by the Discovering Party, including by the individuals identified in Paragraphs 8 and 9 below, for any purpose other than the prosecution or defense of these actions, including for any personal, business, governmental, commercial, ...