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New Flyer Industries Canada ULC v. Rugby Aviation LLC

United States District Court, W.D. Washington, Seattle

June 14, 2019

NEW FLYER INDUSTRIES CANADA ULC, and NEW FLYER OF AMERICA INC., Plaintiffs,
v.
RUGBY AVIATION, LLC d/b/a SAN JUAN AIRLINES, Defendant.

          ORDER GRANTING PLAINTIFFS' MOTION TO COMPEL DEFENDANT TO PRODUCE ANSWERS TO INTERROGATORIES AND DENYING DEFENDANT'S MOTION TO REMOVE CONFIDENTIALITY DESIGNATIONS

          ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE

         This matter comes before the Court on plaintiffs' “Motion to Compel Defendant to Produce Answers to Interrogatories and for Sanctions, ” Dkt. #22, and defendant's “Motion to Remove Confidentiality Designations and Contingent Motion to Seal.” Dkt. #27. As defendant's motion concerns the confidentiality designations in its response in opposition to plaintiffs' motion to compel, see Dkt. #24, the Court deals with both motions in a single order.

         BACKGROUND

         A. New Flyer's Motion to Compel

          On February 27, 2018, plaintiffs New Flyer Industries Canada ULC and New Flyer of America Inc. (collectively, “New Flyer”) filed a complaint against defendant Rugby Aviation LLC d/b/a San Juan Airlines (“Rugby”), bringing claims of trademark infringement and unfair competition under the Lanham Act, see 15 U.S.C. § 1051 et seq, and under Washington statutory and common law. Dkt. #1 (Compl.) at ¶¶ 52-102.

         On September 26, 2018, New Flyer served interrogatories upon Rugby. Ex 1, Dkt. #22-2 at 1-9. Rugby responded on October 26, 2018. Ex. 3, Dkt. #22-3 at 1-9. Five of these interrogatories and corresponding responses are the subject of New Flyer's motion to compel:

INTERROGATORY NO. 7: Identify all facts which support or refute Rugby's denial that its marks infringe Plaintiff's marks.
ANSWER: Rugby Aviation objects that this Interrogatory is premature and discovery has just begun. Without waiving these objections, pursuant to FRCP 33(d), see the letter of August 10, 2017 to Matthew Marquardt from Jessica Goldman and all of the documents produced by both parties and by the third parties and each of the Answers to these Interrogatories.
INTERROGATORY NO. 8: Identify all facts which support or refute Rugby's contention that Plaintiff's marks [sic] trademarks are conceptually weak.
ANSWER: Rugby Aviation objects that this Interrogatory is premature and discovery has just begun. Without waving [sic] these objections, pursuant to FRCP 33(d), see the letter of August 10, 2017 to Matthew Marquardt from Jessica Goldman.
INTERROGATORY NO. 9: Identify all third-party trademarks known to Rugby that co-exist with Plaintiff's marks and incorporate two concentric whole or partial circles between two stylized wings, each wing comprising two or more stylized “feathers.” ANSWER: Rugby Aviation objects that this Interrogatory is premature and discovery has just begun. Without waving [sic] these objections, pursuant to FRCP 33(d), see the letter of August 10, 2017 to Matthew Marquardt from Jessica Goldman identifying many similar trademarks.
INTERROGATORY NO. 10: Identify all facts which support or refute Rugby's contention that it adopted and/or used the colors orange, blue and white in its trademarks prior to Plaintiffs' adoption of its color scheme as reflected in the New Flyer trademarks.
ANSWER: Rugby Aviation objects that this Interrogatory is premature and discovery has just begun. Without waving [sic] these objections, pursuant to FRCP 33(d), see the correspondence to and from Hubbub concerning the creation of the logo which has previously been produced, SJA 000146-148.
INTERROGATORY NO. 15: Identify all facts which support or refute Rugby's contention that purchasers of Rugby's goods and/or services and purchasers of Plaintiff's goods and/or services exercise care in deciding on an appropriate vendor.
ANSWER: Rugby Aviation objects that this Interrogatory is premature and discovery has just begun. The services, and, in the case of New Flyer, goods, offered by both parties are precisely the type which consumers are presumed to exercise care in purchasing. ...

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