Kim v. Coach, Inc, et al

Filing 22

MOTION to Seal by Counter Claimant Coach, Inc.. (Attachments: # 1 Proposed Order) Noting Date 4/8/2011, (Keehnel, Stellman)

Gina Kim vs. Coach, Inc., et al.

Doc. 22

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 v. GINA KIM, on behalf of a class consisting of herself and all other persons similarly situated, Plaintiffs, and as to Ms. Kim, counterclaim defendant,

THE HONORABLE RICARDO S. MARTINEZ

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE NO. 2:11-cv-00214-RSM COACH, INC.'S MOTION TO SEAL

NOTED FOR CONSIDERATION: APRIL 8, 2011

COACH, INC., a Maryland corporation, and COACH SERVICES, INC., a Maryland corporation, Defendants, and, as to Coach, Inc., counterclaim plaintiff. Pursuant to Local Rule 5(g), defendant Coach, Inc. ("Coach") hereby respectfully makes this request to have the following documents, filed herewith, filed under seal: 1. Coach, Inc.'s Opposition to Special Motion to Strike (the "Opposition"), and 2. Declaration of John Macaluso (and attached exhibits) in Support of Defendant Coach Inc.'s Opposition to Special Motion to Strike (the "Macaluso Declaration"). The Opposition and Macaluso Declaration are filed in connection with the Court's consideration of plaintiffs Jay Carlson and Christopher Carney's Motion to Strike and for Sanctions Pursuant to Washington Anti-SLAPP Statute, RCW 4.24.525 (Dkt. No. 9). See Declaration of Patrick Eagan in Support of Coach, Inc.'s Motion to Seal ("Eagan Dec.") ¶ 2.
COACH, INC.'S MOTION TO SEAL ­ 1 NO. 2:11-cv-00214-RSM DLA Piper LLP (US) 701 Fifth Avenue, Suite 7000 Seattle, WA 98104-7044 Tel: [phone]

Dockets.Justia.com

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There are sufficient and compelling reasons to permit the filing of the Opposition and the Macaluso Declaration under seal. Local Rule 5(g)(1) provides for filing under seal where "the public's right of access is outweighed by the interests of the public and the parties in protecting files, records, or other documents from public review." Sealing documents in the Court record is appropriate where the documents contain confidential or sensitive business information. See Omax Corp. v. Flow Intern. Corp., No. C04-2334RSL, 2007 WL 3232540, *1 (W.D. Wash., Oct. 31, 2007) (sealing certain documents relating to businesses' "long-term strategic plans, proprietary software, control methodology and cutting models, and/or customer and competitor research," where "disclosure . . . would put [parties] at a competitive disadvantage"). The Opposition and Macaluso Declaration contain highly confidential business information concerning how Coach identifies counterfeit products, the public disclosure of which would enable counterfeiters to evade detection and which would harm Coach's business. See Eagan Dec. ¶¶ 3-5; Macaluso Dec. ¶ 1. Online sales of counterfeit products are a major problem for intellectual property holders such as Coach. Eagan Dec. ¶¶ 3-5; Macaluso Dec. ¶ 3. Online sales of counterfeit products also injure the general public, who believe that they are obtaining high-quality merchandise and instead receive poor-quality knockoffs. The

Opposition and Macaluso Declaration contain information concerning Coach's efforts to monitor and enforce Coach's intellectual property rights on the internet. Eagan Dec. ¶¶ 3-5. Accordingly, Coach respectfully requests that the Court grant the motion and permit Coach to file the Opposition and Macaluso Declaration under seal.

COACH, INC.'S MOTION TO SEAL ­ 2 NO. 2:11-cv-00214-RSM

DLA Piper LLP (US) 701 Fifth Avenue, Suite 7000 Seattle, WA 98104-7044 Tel: [phone]

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Dated this 28th day of March, 2011. DLA Piper LLP (US) By: /s/ Stellman Keehnel Stellman Keehnel, WSBA No. 9309 R. Omar Riojas, WSBA No. 35400 Patrick Eagan, WSBA No. 42679 DLA Piper LLP (US) 701 Fifth Avenue, Suite 7000 Seattle, WA 98104 Tel: [phone] Fax: [phone] E-mail: [e-mail] E-mail: [e-mail] E-mail: [e-mail] Attorneys for defendant and counterclaim plaintiff Coach, Inc.

COACH, INC.'S MOTION TO SEAL ­ 3 NO. 2:11-cv-00214-RSM

DLA Piper LLP (US) 701 Fifth Avenue, Suite 7000 Seattle, WA 98104-7044 Tel: [phone]

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WEST\223324750.1

CERTIFICATE OF SERVICE I hereby certify that on March 28, 2011, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to all counsel of record. Dated this 28th day of March, 2011. /s/ Stellman Keehnel Stellman Keehnel, WSBA No. 9309

COACH, INC.'S MOTION TO SEAL ­ 4 NO. 2:11-cv-00214-RSM

DLA Piper LLP (US) 701 Fifth Avenue, Suite 7000 Seattle, WA 98104-7044 Tel: [phone]