United States District Court, C.D. California
DECKERS OUTDOOR CORPORATION, a Delaware Corporation, Plaintiff,
v.
SUMMER RIO CORP., a California Corporation; and DOES 1-10, inclusive, Defendant.
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
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