TRADEMARK OWNER LACKED GOOD CAUSE FOR GRANT OF UNTIMELY REQUEST TO COMPEL PRODUCTION OF ALLEGED INFRINGER'S FOREIGN SALES DATA

摘要

A trademark owner lacked good cause to warrant granting an untimely motion to compel production of foreign sales and cost information from a competitor and the competitor's licensees for each of their products that allegedly infringed the owner's marks, logos, and designs. The owner's request was after the close of discovery following multiple extensions and 18 months after the competitor and licensees served responses and objections to the owner's document requests. The owner knew of the need for information long before the discovery deadline and had ample opportunity to obtain the information during the discovery period. Moreover, the significant burden of production outweighed the likely benefits, and reopening discovery would cause undue delay. Gucci America, Inc. v. Guess?, Inc., 79 Fed. R Serv. 3d 995 (S.D. N.Y. 2011)