Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc. et al

Filing 112

MOTION in Limine Defendants' Motion in Limine No. 9 to Exclude Testimony About the Genuineness of Goods filed by Akanoc Solutions, Inc., Managed Solutions Group, Inc., Steven Chen. Motion Hearing set for 3/23/2009 03:00 PM in Courtroom 8, 4th Floor, San Jose. (Attachments: # 1 Declaration of James A. Lowe in Support of Motion in Limine No. 9)(Lowe, James) (Filed on 2/23/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GAUNTLETT & ASSOCIATES David A. Gauntlett (SBN 96399) James A. Lowe (SBN 214383) Brian S. Edwards (SBN 166258) Christopher Lai (SBN 249425) 18400 Von Karman, Suite 300 Irvine, California 92612 Telephone: (949) 553-1010 Facsimile: (949) 553-2050 jal@gauntlettlaw.com bse@gauntlettlaw.com cl@gauntlettlaw.com Attorneys for Defendants Akanoc Solutions, Inc., Managed Solutions Group, Inc. and Steven Chen UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION LOUIS VUITTON MALLETIER, S.A., Plaintiff, vs. AKANOC SOLUTIONS, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No.: C 07-3952 JW (HRL) DEFENDANTS' MOTION IN LIMINE #8 TO REDACT ALL EXHIBIT REFERENCES TO IPCYBERCRIME.COM 164247.1-10562-002-2/23/2009 MOTION IN LIMINE #8 TO REDACT ALL EXHIBIT REFERENCES TO IPCYBERCRIME.COM C 07-3952 JW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: Defendants Akanoc Solutions, Inc., Managed Solutions Group, Inc. and Steve Chen ("Defendants") move for an order, in limine, redacting all references to "ipcybercrime.com"1 on all of Plaintiff Louis Vuitton Malletier's trial exhibits. This motion is set for hearing on March 23, 2009. Defendants move the Court to redacting all references to ipcybercrime.com from all of Plaintiff Louis Vuitton Malletier's trial exhibits on the basis that such references inadmissible under Fed. R. Evid. 403 because they are highly prejudicial and have no probative value in this case. I. AN ORDER IN LIMINE IS PROPER TO EXCLUDE EXHIBIT REFERENCES TO IPCYBERCRIME.COM A motion in limine is "any motion whether made before or during trial to exclude anticipated prejudicial evidence before the evidence is actually offered."2 Obtaining a discretionary advance ruling on the admission of specific evidence or resolving critical evidentiary issues at the outset enhances the efficiency of the trial process.3 Authority is also implied from "the district court's inherent authority to manage the course of trials."4 Defendants move for this order in limine because it is anticipated that Vuitton will attempt to introduce exhibits with attached tags or headings that prominently reference ipcybercrime.com. Such references to ipcybercrime.com should be excluded because they would not go towards proving any material element of Vuitton's case and would instead unduly prejudice the jury. II. REFERENCES TO IPCYBERCRIME.COM SHOULD BE EXCLUDED It is anticipated that Vuitton, as part of its case-in-chief, will introduce numerous items that it alleges are examples of counterfeit goods that infringe Vuitton's copyrights and marks. These items include allegedly counterfeit bags, belts, watches or other clothing or accessory items. 1 It is Ipcybercrime.com is the privately owned business operated by Robert Holmes, a third partyinvestigator retained by Vuitton. Luce v. United States, 469 U.S. 38, 40 (1984). 3 In re Japanese Electronic Products Antitrust Litig., 723 F.2d 238, 260 (3d Cir. 1983), rev'd on other grounds, 475 U.S. 574 (1986). 4 Luce, 469 U.S. at 41 n.4; United States v. Holmquist, 36 F.3d 154, 163 (1st Cir. 1994). 164247.1-10562-002-2/23/2009 2 1 MOTION IN LIMINE #8 TO REDACT ALL EXHIBIT REFERENCES TO IPCYBERCRIME.COM C 07-3952 JW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 anticipated that each of these items will all be presented with attached tags that will prominently display the name ipcybercrime.com. Vuitton has listed various reports or forms with the name ipcybercrime.com prominently displayed. Robert Holmes may testify also to this as his business name. The Court should order Vuitton to redact the name ipcybercrime.com from exhibits and testimony because it is unduly prejudicial. First, the name of Holmes' business erroneously suggests that a crime has been committed in this case. Second, the word "cyber" suggests that a crime has been committed through the use of the Internet. This implication unduly harms Defendants because they are Internet service providers. Third, the name erroneously suggests that the particular items have been inspected or somehow authenticated by a law enforcement-type organization. All of these inferences would have an unduly prejudicial effect on jurors in this case despite the fact that such inferences have no basis in truth. The Court should order redaction of the name ipcybercrime.com and prohibit testimonial use because redaction would not harm Vuitton's case. Vuitton has designated Robert Holmes as a witness in this case and may rely on his testimony to authenticate the bags, belts, watches or other clothing or accessory item that he or his company allegedly purchased on behalf of Vuitton. Whether or not the name is redacted, Holmes' testimony will still be required to authenticate Vuitton's exhibits. Neither Holmes' testimony nor Vuitton's attempts to authenticate these exhibits will be adversely affected, in any way, by the redaction of his company's name on the exhibit tags. The Court should therefore order redaction in order to prevent undue prejudice against the Defendants in this case. III. CONCLUSION The Defendants move the Court to redact any reference to ipcybercrime.com on all of Vuitton's exhibits and in all testimony because the name is unduly prejudicial to Defendants and redaction of this name will not harm Vuitton in any way. /// /// /// /// 164247.1-10562-002-2/23/2009 2 MOTION IN LIMINE #8 TO REDACT ALL EXHIBIT REFERENCES TO IPCYBERCRIME.COM C 07-3952 JW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: February 23, 2009 GAUNTLETT & ASSOCIATES By: /s/James A. Lowe David A. Gauntlett James A. Lowe Brian S. Edwards Christopher Lai Attorneys for Defendants Akanoc Solutions, Inc., Managed Solutions Group, Inc., and Steve Chen 164247.1-10562-002-2/23/2009 3 MOTION IN LIMINE #8 TO REDACT ALL EXHIBIT REFERENCES TO IPCYBERCRIME.COM C 07-3952 JW

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