Klauber Brothers, Inc. v. ASOS US, Inc. et al

Filing 38

ORDER: Having considered Plaintiffs letter (dkt. no. 36) and Defendants' letter (dkt. no. 37) of February 8, 2021, Plaintiff is hereby ordered to produce to Defendants copies of records sufficient to show: the royalty paid the last three time s the lace designs that are at issue in this case were licensed; and the number of times the lace designs were licensed in the last five years. If Plaintiff cannot produce these records, Plaintiff shall submit a detailed affidavit explaining why s uch records cannot be produced, including a fact-based estimate (with explanation) of what the license fee for the lace designs would have been. Plaintiff shall also produce to Defendants their 10 most recent settlement agreements relating to the acc used designs. Within two weeks of Plaintiff certifying by letter their compliance with the production of documents ordered above, Defendants shall (1) produce to Plaintiff sales information for the accused products and (2) provide available dates for a mediation or a settlement conference. SO ORDERED. (Signed by Judge Loretta A. Preska on 2/9/2021) (ks)

Case 1:20-cv-03114-LAP Document 38 Filed 02/09/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
KLAUBER BROTHERS, INC.,
Plaintiff,
20 Civ. 3114 (LAP)

-against-

ORDER

ASOS US, INC. and ASOS.COM
LTD.,
Defendants.

LORETTA A. PRESKA, Senior United States District Judge:
Having considered Plaintiff’s letter (dkt. no. 36) and
Defendants’ letter (dkt. no. 37) of February 8, 2021, Plaintiff
is hereby ordered to produce to Defendants copies of records
sufficient to show:
•

the royalty paid the last three times the lace designs that
are at issue in this case were licensed; and

•

the number of times the lace designs were licensed in the
last five years.

If Plaintiff cannot produce these records, Plaintiff shall
submit a detailed affidavit explaining why such records cannot
be produced, including a fact-based estimate (with explanation)
of what the license fee for the lace designs would have been.
Plaintiff shall also produce to Defendants their 10 most
recent settlement agreements relating to the accused designs.

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Case 1:20-cv-03114-LAP Document 38 Filed 02/09/21 Page 2 of 2

Within two weeks of Plaintiff certifying by letter their
compliance with the production of documents ordered above,
Defendants shall (1) produce to Plaintiff sales information for
the accused products and (2) provide available dates for a
mediation or a settlement conference.
SO ORDERED.
Dated:

New York, New York
February 9, 2021
__________________________________
LORETTA A. PRESKA
Senior United States District Judge

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