Kim v. Coach, Inc, et al

Filing 23

DECLARATION of Patrick Eagan in Support of Motion to Seal filed by Counter Claimant Coach, Inc., Defendant Coach, Inc. re 22 MOTION to Seal (Keehnel, Stellman)

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

Doc. 23

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 I, Patrick Eagan, declare as follows: 1. Defendants, and, as to Coach, Inc., counterclaim plaintiff. v.

THE HONORABLE RICARDO S. MARTINEZ

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE GINA KIM, on behalf of a class consisting of herself and all other persons similarly situated, Plaintiffs, and as to Ms. Kim, counterclaim defendant, No. 2:11-cv-00214-RSM

DECLARATION OF PATRICK EAGAN IN SUPPORT OF COACH, INC.'S MOTION TO SEAL

COACH, INC., a Maryland corporation, and COACH SERVICES, INC., a Maryland corporation,

I am an attorney for Coach, Inc. ("Coach") in the above-captioned lawsuit. I

work in the Seattle office of DLA Piper LLP (US). I have personal knowledge of the facts set forth in this declaration, and, if called to do so, I can and would testify competently thereto. 2. Coach, Inc.'s Opposition to Special Motion to Strike (the "Opposition") and the

Declaration of John Macaluso (and attached exhibits) in Support of Defendant Coach, Inc.'s Opposition to Special Motion to Strike (the "Macaluso Declaration") were prepared in connection with the Court's consideration of plaintiffs Jay Carlson and Christopher Carney's
DECLARATION OF PATRICK EAGAN IN SUPPORT OF 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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Motion to Strike and for Sanctions Pursuant to Washington Anti-SLAPP Statute, RCW 4.24.525 (Dkt. No. 9). 3. The Opposition and Macaluso Declaration contain information concerning

Coach's efforts to monitor and enforce Coach's intellectual property rights on the internet. 4. 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. Online sales of counterfeit products are a major problem for intellectual property holders such as Coach. 5. Online sales of counterfeit products also injure consumers, who believe that they

are obtaining high-quality merchandise and instead receive poor-quality knockoffs. Thus, the public interest strongly supports permitting the Opposition and the Macaluso Declaration to be filed under seal. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed at Seattle, Washington, this 28th day of March, 2011.

s/ Patrick Eagan Patrick Eagan, WSBA No. 42679

DECLARATION OF PATRICK EAGAN IN SUPPORT OF 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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WEST\223325868.1

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

DECLARATION OF PATRICK EAGAN IN SUPPORT OF 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]