Deckers Outdoor Corp. v. Summer Rio Corp.

          BLAKELY LAW GROUP, Jessica C. Covington Brent H. Blakely Cindy Chan Jessica C. Covington Attorneys for Plaintiff Deckers Outdoor Corporation

          LAW OFFICES OF SAM X. J. WU, APC, Sam X. J. Wu William G. Barrett Alexei Brenot Attorneys for Defendant Summer Rio, Corp.

          PROTECTIVE [DISCOVERY MATTER]

          HON. MICHAEL R. WILNER JUDGE

         I. 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, Plaintiff Deckers Outdoor Corporation (“Plaintiff”) and Defendant Summer Rio Corp. (“Defendant”) (Plaintiff and Defendant will be collectively referred to as 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

         The present lawsuit involves Deckers’ allegations against Defendant for infringement of Deckers’ UGG® Sun Mark and boot design, to which Deckers owns trademark and design patent rights, by certain of Defendant’s footwear products allegedly bearing said mark and design (“Accused Products”).

         The parties anticipate that discovery in this matter will seek confidential and proprietary information for which special protection from public disclosure and from use for any purpose other than prosecution of this action is warranted. This information, which is related to the development, manufacture, marketing, and sale of Deckers’ products bearing the intellectual property at issue and the goodwill associated therewith, as well as the development, manufacture, marketing, and sale of the Accused Products of Defendant, and damages calculations for all claims, includes but is not limited to:

• Revenues generated from the sale of Deckers’ products bearing the UGG® Sun Mark and design patent at issue;

• Revenues generated 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 Agreements;

• Gross Revenues associated with the sale of the Accused Products;

• Profit Margins associated with the sale of the Accused Products;

• General financial information for the Parties;

• Marketing channels related to the goods of both Parties;

• Marketing and advertising expenses;

• Non-public product development information related to the goods of both Parties;

• Non-public research related to business development, Deckers’ products, the Accused Products, or the intellectual property at issue;

• Customer lists;

• Trade Secrets;

         Both parties are businesses that sell footwear and their financial, marketing and product development information is not intended for public disclosure, nor to competitors. Up to this point, the Parties have routinely worked to protect this sensitive business information from disclosure to the public or competitors, which would result in harm to each of the Parties’ competitive standing within the footwear industry.

         Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, to adequately protect information the parties are entitled to keep confidential, to ensure that the parties are permitted reasonable necessary uses of such material in preparation for and in the conduct of trial, to address their handling at the end of the litigation, and to serve the ends of justice, a protective order for such information is justified in this matter.

         It is the intent of the parties that information will not be designated as confidential for tactical reasons and that nothing be so designated without a good faith belief that it has been maintained in a confidential, non-public manner, and there is good cause why it should not be part of the public record of this case.

         2. DEFINITIONS

         2.1 Action: this pending federal law suit.

         2.2 Challenging Party:

         A Party or Non-Party that challenges the designation of information or items under this Order.

         2.3 “CONFIDENTIAL” Information or Items:

         information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement.

         2.4 “HIGHLY CONFIDENTIAL” Information or Items:

such “CONFIDENTIAL” Information or Items as consists of information whose disclosure to competitors or to the public would cause a serious risk of competitive serious harm to the Designating Party. Such confidential and proprietary materials and information includes but is not limited to, confidential business or financial information, trade secrets, non-public financial information, non-public research and development information, product development information, marketing and advertising plans and expenditures, information regarding additional confidential business practices, and documents otherwise unavailable to competitors. It is the intent of ...