Kim v. Coach, Inc, et al

Filing 41

DECLARATION of Patrick Eagan in Support of Motion to Seal Defendants' Motion to Strike Class Allegations and Declarations of John Macaluso and Nancy Axilrod filed by Defendants Coach Services Inc, Coach, Inc., Counter Claimant Coach, Inc. re 40 MOTION to Seal Defendants' Motion to Strike Class Allegations and Declarations of John Macaluso and Nancy Axilrod (Keehnel, Stellman)

THE HONORABLE RICARDO S. MARTINEZ

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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GINA KIM, on behalf of a class consisting
of herself and all other persons similarly
situated,

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v.

Plaintiffs, and as to Ms.
Kim, counterclaim
defendant,

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

No. 2:11-cv-00214-RSM

DECLARATION OF PATRICK EAGAN
IN SUPPORT OF DEFENDANTS’
MOTION TO SEAL MOTION TO
STRIKE CLASS ALLEGATIONS AND
DECLARATIONS OF JOHN
MACALUSO AND NANCY AXILROD

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Defendants, and, as to
Coach, Inc., counterclaim
plaintiff.

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I, Patrick Eagan, declare as follows:

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1.

I am an attorney for Coach, Inc. and Coach Services, Inc. (collectively,

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“Defendants” or “Coach Companies”) in the above-captioned lawsuit. I work in the Seattle

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office of DLA Piper LLP (US). I have personal knowledge of the facts set forth in this

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declaration, and, if called to do so, I can and would testify competently thereto.

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2.

The Declaration of John Macaluso (and attached exhibits) in Support of

Defendants’ Motion to Strike Class Allegations (the “Macaluso Declaration”) and the

DECLARATION OF PATRICK EAGAN IN SUPPORT OF
DEFENDANTS’ MOTION TO SEAL MOTION TO STRIKE
CLASS ALLEGATIONS AND DECLARATIONS - 1
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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Declaration of Nancy Axilrod in Support of Defendants’ Motion to Strike Class Allegations

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(the “Axilrod Declaration”) were prepared in connection with the Court’s consideration of

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Defendants’ Motion to Strike Class Allegations from the Second Amended Complaint filed by

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plaintiff Gina Kim (Dkt. No. 20-1).

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3.

The Motion to Strike Class Allegations and the Macaluso and Axilrod

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Declarations contain information concerning Coach Companies’ efforts to monitor and enforce

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Coach Companies’ intellectual property rights on the internet.

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4.

The Motion to Strike Class Allegations and the Macaluso and Axilrod

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Declarations contain highly confidential business information concerning how Coach

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Companies identify counterfeit products, the public disclosure of which would enable

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counterfeiters to evade detection and would harm Coach Companies’ business. Online sales of

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counterfeit products are a major problem for intellectual property holders such as Coach

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Companies.

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5.

Online sales of counterfeit products also injure consumers, who believe that they

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are obtaining high-quality merchandise and instead receive poor-quality knockoffs. Thus, the

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public interest strongly supports permitting the Motion to Strike Class Allegations and the

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Macaluso and Axilrod Declarations to be filed under seal.

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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 14th day of April, 2011.

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s/ Patrick Eagan
Patrick Eagan, WSBA No. 42679

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DECLARATION OF PATRICK EAGAN IN SUPPORT OF
DEFENDANTS’ MOTION TO SEAL MOTION TO STRIKE
CLASS ALLEGATIONS AND DECLARATIONS - 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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CERTIFICATE OF SERVICE

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I hereby certify that on April 14, 2011, I electronically filed the foregoing with the

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Clerk of the Court using the CM/ECF System which will send notification of such filing to all

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counsel of record.

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Dated this 14th day of April, 2011.

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s/Stellman Keehnel
Stellman Keehnel, WSBA No. 9309

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WEST\223350318.1

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DECLARATION OF PATRICK EAGAN IN SUPPORT OF
DEFENDANTS’ MOTION TO SEAL MOTION TO STRIKE
CLASS ALLEGATIONS AND DECLARATIONS - 3
NO. 2:11-CV-00214-RSM

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