Telephone: 503.727.2000Facsimile: 503.727 .2222R. Charles Henn Jr. (admitted pro hac vice)chenn@kilpatricktownsend. com

Charleã H. Hooker III (admitted pro hac vice)cho

KILP TOWNSEND

1100 Peachtree Street, Suite 2800

Atlanta, GA 30309

Telephone: 404.815.6500Facsimile: 404"8 1 5.6555

Attorneys for Plaintifß

V

com& STOCKTON LLP

LINITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

ADIDAS AMERICA, INC., a Delawarecorporation; ADIDAS AG, a foreignentily ; ADIDAS INTERNATIONAL MARKETING 8.V., a foreign entity;REEBOK INTERNATIONAL LTD., AMassachusetts corporation; and REEBOK

INTERNATIONAL LIMITED, a foreignentity,

Plaintiffs,

TRB ACQUISITIONS LLC, a New York

limited liability company,

Defendant.

No. 3:15-cv-02113-SI

PLAINTIFFS' FIRST REQUEST FOR

PRODUCTION OF DOCUMENTS ANDTHINGS

Perkins Coie llP

1120 N.W. Couch Street, Tenth Floor

Portland, OR 97209 -4128

Phone: 503.727.2000

Fax: 503.727.2222

PLAINTIFFS' FIRST REQUEST FOR

PRODUCTION OF DOCUMENTS AND THINGS

2 | 1 8 4 -0 | I 2 I LEG ALI 29 4269 00. I

Exhibit B - Page 1 of 23
Plaintiffs' counsel to inspect and copy the documents and things designated below. Thedocuments shall be produced atthe offices of Kilpatrick Townsend & Stockton, LLP, 1100Peachtree Street, Suite 2800, Atlanta, Georgia 30309, or at another mutually agreed upon

location, within thirty (30) days after the date of service of this request.

I. DEFINITIONS

Plaintiffs incorporate by reference, as if fully set forth herein, the Definitions in

Plaintiffs' First Set of Interrogatories.

II. INSTRUCTIONS

1. TRB is requested to produce all documents that are in its possession, custody, or

control, or the possession, custody, or control of any of TRB's representatives, including persons

consulted concerning any factual matter or matters of opinion relating to any of the facts or

issues involved in this case; such persons include attorneys with whom TRB consulted unlessTRB claims such documents are privileged or otherwise protected.

2. Each Document Request, and the portions thereof, is to be responded to

separately, but responses to one Document Request, or any portion thereof, may be incorporated

by reference in response to other Document Requests, or porlions thereof'

3. Documents produced pursuant to these Document Requests shall be produced

either in separate groups of documents responsive to each separate request or in the form andorder in which they were kept by TRB in the ordinary course of business before being produced.

4. Each request for documents, whether memorandums, reports, letters, minutes, or

other documents of any description, requires the production of the documents in their entirety,

including all pages and attachments or exhibits, without redaction or expurgation.2- PLAINTIFFS' FIRST REQUEST FOR

PRODUCTION OF DOCUMENTS AND THINGS

2 I I 8 4 -0 1 12 /LEG ALl 29 426900. I

Perkins Coie rlp

1120 N.W. Couch Street, Tenth Floor

Portland, OR 97 209 -4128

Phone: 503.727.2000

Fax: 503.721.2222

Exhibit B - Page 2 of 23
(b) the date of the document;

(c) the title of the document;

(d) the identity (including the job title, when available) of each individual who

was an author, sender, editor, addressee, or recipient of the document;

(e) a brief description of the subject matter of the document detailed enough

to permit analysis of the basis on which it is being withheld; and

(Ð a statement of the facts that constitute the basis of any claim of privilege,

work product, or other grounds for nondisclosure.

6. These Document Requests are continuing in nature. Pursuant to Rule 26(e) of the

Federal Rules of Civil Procedure, TRB is under a duty to supplement or correct its responses to

these Document Requests in a timely mamer if it learns that in any material respect a response is

incomplete or incorrect. If TRB expects to obtain further information or expects the accuracy ofa response to change between the time responses are served and the time of trial, TRB must state

this expectation in each response. If TRB does not have all the information necessary to make a

complete response to any Document Request, provide all documents that TRB does have, state

that the information is incomplete, identify the information necessary to make a completeproduction of documents, and provide a supplemental production when TRB obtains the

information necessary to do so.

III. DOCUMENT REQUESTS

REQUEST FOR PRODUCTION NO. 1. Documents that TRB has identified in

response to, or upon which TRB has relied in formulating answers to, Plaintiffs' First Set of

Interrogatories.

3- PLAINTIFFS' FIRST REQUEST FOR

PRODUCTION OF DOCUMENTS AND THINGS

2 | | 8 4 -0 | 12 I LEG ALr29 426900. I

Perkins Coie llp

1120 N.W. Couch Street, Tenth Floor

Portland, OR 97209-4128

Phone: 503.727.2000

Fax: 503.727.2222

Exhibit B - Page 3 of 23
design, selection, or adoption of any Disputed Three-Stripe Design.

RESPONSE:

REQUEST FOR PRODUCTION NO. 3. Documents sufficient to identify any

alternative designs considered by TRB, whether or not adopted, in connection with the process

that resulted in the adoption of any Disputed Three-Stripe Design.

RESPONSE:

REQUEST FOR PRODUCTION NO. 4. Documents that refer or relate to TRB's

design, selection, or adoption of the RBX Logo.

RESPONSE:REQUEST FOR PRODUCTION NO. 5. Documents sufficient to identiff any

alternative designs considered by TRB, whether or not adopted, in connection with the process

that resulted in the adoption of the RBX Logo.

RESPONSE:

REQUEST FOR PRODUCTION NO. 6. Documents that refer or relate to TRB's

design, selection, or adoption of the RBX Mark.

RESPONSE:

4- PLAINTIFFS' FIRST REQUEST FOR

PRODUCTION OF DOCUMENTS AND THINGS

2t 184 -0t t2l LEG ALl29 426900.1

Perkins Coie llP

1120 N.W. Couch Street, Tenth Floor

Portland, OR 97 209 -4128

Phone: 503.727.2000

Fax: 503.727.2222

Exhibit B - Page 4 of 23
RESPONSE:

REQUEST FOR PRODUCTION NO. 8. Documents that refer or relate to the steps

taken by TRB to determine whether any Disputed Three-Stripe Design infringed or infringes thetrademark or trade dress rights of Plaintiffs or any Third Party, including any investigation,

study, survey, or search that TRB conducted or had conducted.

RESPONSE:

REQUEST FOR PRODUCTION NO. 9. Documents that refer or relate to the steps

taken by TRB to determine whether the RBX Logo infringed or infringes the trademark or trade

dress rights of Plaintiffs or any Third Party, including any investigation, study, survey, or searchthat TRB conducted or had conducted.

RESPONSE:

REQUEST FOR PRODUCTION NO. 10. Documents that refer or relate to the steps

taken by TRB to determine whether the RBX Mark infringed or infringes the trademark or trade

dress rights of Plaintiffs or any Third Party, including any investigation, study, survey, or search

that TRB conducted or had conducted.

RESPONSE:

REQUEST FOR PRODUCTION NO. 11. Documents that refer or relate to the steps

taken by TRB to determine whether the Disputed Products infringed or infringe the trademark or

5- PLAINTIFFS' FIRST REQUEST FOR

PRODUCTION OF DOCUMENTS AND THINGS

Perkins Coie llp

1120 N.W. Couch Street, Tenth Floor

Portland, OR 97 209 -4128

Phone: 503.727 .2000

Fax: 503.727 .2222 2 1 t 84 -0 t |2|LEG ALl29 426900.1

Exhibit B - Page 5 of 23
REeUEST FOR PRODUCTION NO. 12. Documents sufficient to identify the date of

first sale by TRB of any product bearing the RBX Logo'

RESPONSE:

REeUEST FOR PRODUCTION NO. 13. Documents sufficient to identify the date of

first sale by TRB of any product bearing the RBX Mark.

RESPONSE:

REQUEST FOR PRODUCTION NO. 14. Documents sufficient to identify the date of

first sale by TRB of any product bearing a Disputed Three-Stripe Design.

RESPONSE:

REQUEST FOR PRODUCTION NO. 15. Documents sufficient to identify the date of

first sale by TRB of each Disputed Product.

RESPONSE:

REeUEST FOR PRODUCTION NO. 16. A representative sample or photograph of

each Disputed Product.

RESPONSE:

6. PLAINTIFFS' FIRST REQUEST FOR

PRODUCTION OF DOCUMENTS AND THINGS

Perkins Coie llP

I120 N.W. Couch Street, Tenth Floor

Portland, OR 97209 -4128

Phone: 503.727.2000

Fax: 503.727.2222 2I I84-0 r \2/LEGN-129426900.1

Exhibit B - Page 6 of 23
REQUEST FOR PRODUCTION NO. 18. Documents that refer or relate to the quality,

durability, or performance characteristics of each Disputed Product, including documents thatrefer or relate to any testing, investigation, or study that TRB conducted or had conducted.

RESPONSE:REQUEST FOR PRODUCTION NO. 19. Representative samples of each type of

label, tag, or packaging that has been used in connection with each Disputed Product, withdocuments suffrcient to identify when each such label,fag, or packaging was used.

RESPONSE:

REQUEST FOR PRODUCTION NO. 20. Documents that refer or relate to TRB's

registrations of, or its prospective or actual applications to registe r, aîy Disputed Three-Stripe

Design (as a trademark, copyright, or the subject of a patent) or any element of the thereof,excluding the RBX logo.

RESPONSE:

REQUEST FOR PRODUCTION NO.21. Documents that refer or relate to TRB's

registrations of, or its prospective or actual applications to register, the RBX logo (as a

trademark, copyright, or the subject of a patent).

RESPONSE:

7- PLAINTIFFS' FIRST REQUEST FOR

PRODUCTION OF DOCUMENTS AND THINGS

Perkins Coie llp

1120 N.W. Couch Street, Tenth Floor

Portland, OR 97209-4128

Phone: 503.727.2000

Fax: 503.727.2222 2 | t 8 4 -0 I 12 I LEG AL | 29 4269 00 . I

Exhibit B - Page 7 of 23
RESPONSE:REQUEST FOR PRODUCTION NO. 23. Representative examples of TRB's

advertising, promotional materials, packaging, catalogs, data sheets, instructional materials,media documents, and other printed materials that refer or relate to the use or promotion of any

Disputed Product.

RESPONSE:REQUEST FOR PRODUCTION NO. 24. Documents that refer or relate to TRB's

expenditures for the advertising or promotion of any Disputed Product, including expenditures

for websites or web pages featuring any Disputed Product.

RESPONSE:

REQUEST FOR PRODUCTION NO. 25. Documents that refer or relate to

expenditures by any Third-Party licensee of TRB for the advertising or promotion of anyDisputed Product, including expenditures for any Third-Party websites or web pages featuring

any Disputed Product.

RESPONSE:

REQUEST FOR PRODUCTION NO. 26. Documents sufficient to identiff the

geographic areas in which each Disputed Product has been promoted, distributed, sold, or offeredfor sale.

8- PLAINTIFFS' FIRST REQUEST FOR

PRODUCTION OF DOCUMENTS AND THINGS

2l 184-0 1 |Z|LEG AL129426900. l

Perkins Coie llp

I120 N.W. Couch Street, Tenth Floor

Portland, OR 97209-4128

Phone: 503.727 .2000

Fax: 503j21 .2222

Exhibit B - Page 8 of 23
website, or other outlet through which each Disputed Product has been sold or offered for sale.

RESPONSE:

REeUEST FOR PRODUCTION NO. 28. Documents sufficient to identify how and

when TRB first learned of each of Plaintiff s Marks'

RESPONSE:

REQUEST F'OR PRODUCTION NO. 29. Documents that refer or relate to TRB's

communications with any of its customers, clients, sellers, distributors, licensors, or licensees

concerning any of the Plaintiffs or Plaintiffs' Marks.

RESPONSE:

REeUEST FOR PRODUCTION NO. 30. Documents that refer or relate to TRB's

communications with any of Plaintiffs' customers, clients, sellers, distributors, licensors, or

licensees concerning any of the Plaintiffs or Plaintiffs' Marks.

RESPONSE:

REeUEST FOR PRODUCTION NO. 31. Documents that refer or relate to TRB's

communications with Seduka, LLC concerning any of the Plaintiffs or Plaintiffs' Marks'

RESPONSE:

9- PLAINTIFFS' FIRST REQUEST FOR

PRODUCTION OF DOCUMENTS AND THINGS

2t 1 84-0 t t2lLEG AL129426900.1

Perkins Coie llP

I120 N.W. Couch Street, Tenth Floor

Portland, OR 97209 -4128

Phone: 503j27.2000

Fax: 503.727.2222

Exhibit B - Page 9 of 23
RESPONSE:REQUEST FOR PRODUCTION NO.33. Documents that refer or relate to TRB's

communications with United Legwear Co., LLC concerning any of the Plaintiffs or Plaintiffs'

Marks"

RESPONSE:REQUEST FOR PRODUCTION NO. 34. Documents suffrcient to identify the

demographic characteristics of typical or target consumers (i.e., end users) of each DisputedProduct.

RESPONSE:

REQUEST FOR PRODUCTION NO. 35. Documents suff,rcient to identify the

psychographic characteristics of typical or target consumers (i.e., end users) of each Disputed

Product.

RESPONSE:

REQUEST FOR PRODUCTION NO. 36. Documents that refer or relate to any

research (including focus groups, polls, surveys, interviews, and market analysis) that TRB

conducted or had conducted concerning targef. or typical consumers of any Disputed Product.

RESPONSE:

10- PLAINTIFFS' FIRST REQUEST FOR

PRODUCTION OF DOCUMENTS AND THINGS

2 I I 84-01 l2ILEG AL129426900.1

Perkins Coie up

1120 N.W. Couch Street, Tenth Floor

Poftland, OR 97209-4128

Phone: 503J27 .2000

Fax: 503.727 .2222

Exhibit B - Page 10 of 23
RESPONSE:RLeUEST FOR PRODUCTION NO. 38. Documents that refer or relate to any

research (including focus groups, polls, surveys, interviews, and market analysis) that TRB

conducted or had conducted concerning the RBX Logo'

RESPONSE:

REeUEST FOR PRODUCTION NO.39. Documents that refer or relate to any

research (including focus groups, polls, surveys, interviews, and market analysis) that TRB

conducted or had conducted concerning the RBX Mark.

RESPONSE:

REeUEST FOR PRODUCTION NO. 40. Documents that refer or relate to any

research (including focus groups, polls, surveys, interviews, and market analysis) that TRB

conducted or had conducted concerning Plaintifß or any of Plaintiffs' Marks.

RESPONSE:

REeUEST FOR PRODUCTION NO. 41. Documents sufficient to identify the prices,

including wholesale and suggested retail (as well as any other price category utilized by TRB inthe ordinary course of business), at which each Disputed Product has been sold or offered for

sale.

RESPONSE:

11- PLAINTIFFS' FIRST REQUEST FOR

PRODUCTION OF DOCUMENTS AND THINGS

Perkins Coie rlP

I120 N.W. Couch Street, Tenth Floor

Portland, OR 97 209 -4128

Phone: 503.727 .2000

Fax: 503.727 .2222 2t t 84 -0 I t2lLEG NL129 426900.1

Exhibit B - Page 11 of 23
adidas's Three-Stripe Mark (see, e.g., Complaint tlfl 20-33, Exs. 1-13) or any Disputed ThreeStripe Design.

RESPONSE:REQUEST FOR PRODUCTION NO. 43. Documents that refer or relate to any Third

Pafty's sale or offer for sale of products incorporating a design that TRB contends is similar to

adidas's Badge of Sport (see, e.g., Complaint fT 34-35, Ex. l4) or the RBX Logo.

RESPONSE:

REQUEST FOR PRODUCTION NO. 44. Documents that refer or relate to any Third

Party's sale or offer for sale of products incorporating a design that TRB contends is similar toReebok,s RBK Mark (see, e.g., complaint TI 48-55, Exs. 19-21) or the RBX Mark.

RESPONSE:

REQUEST FOR PRODUCTION NO. 45. Documents that refer or relate to any

royalties TRB has paid, whether formally or informally, to license or use the trademarks or trade

dress of a Third Pafiy.

RESPONSE:

REQUEST FOR PRODUCTION NO. 46. Documents that refer or relate to any

royalties TRB has offered to pay, whether formally or informally, to license or use the

trademarks or trade dress of a Third Party.

12- PLAINTIFFS' FIRST REQUEST FOR

PRODUCTION OF DOCUMENTS AND THINGS

2 I 1 8 4 -0 | 12 ILEG ALI 29 426900. I

Perkins Coie ¡-lp

I120 N.W. Couch Street, Tenth Floor

Portland, OR 97 209 -4128

Phone: 503.727.2000

Fax: 503.'727 .2222

Exhibit B - Page 12 of 23
Pafty thathas licensed the RBX Logo from TRB.

RESPONSE:REQUEST FOR PRODUCTION NO. 48. Documents that refer or relate to any

royalties any Third Party has paid TRB, whether formally or informally, to license or use the

RBX Logo.

RESPONSE:

REQUEST FOR PRODUCTION NO. 49. Documents that refer or relate to any

royalties any Third Party has offered to pay TRB, whether formally or informally, to license oruse the RBX Logo.

RESPONSE:REQUEST FOR PRODUCTION NO. 50. Documents sufficient to identify each Third

Pafiy thathas licensed any Disputed Three-Stripe Design from TRB.

RESPONSE:

REQUEST FOR PRODUCTION NO. 51. Documents that refer or relate to any

royalties any Third Party has paid TRB, whether formally or informally, to license or use any

Disputed Three-Stripe Design.

RESPONSE:

13- PLAINTIFFS' FIRST REQUEST FOR

PRODUCTION OF DOCUMENTS AND THINGS

Perkins Coie ¡-rp

I120 N.W. Couch Street, Tenth Floor

Portland, OR 97209-4128

Phone: 503.727.2000

Fax: 503.727.2222 2 I 18 4 -0 I 12 I LEG ALr29 426900. I

Exhibit B - Page 13 of 23
RESPONSE:

REQUEST FOR PRODUCTION NO. 53. Documents sufficient to identify each Third

Party that has licensed any RBX Mark from TRB.

RESPONSE:

REQUEST FOR PRODUCTION NO. 54. Documents that refer or relate to any

royalties any Third Party has paid TRB, whether formally or informally, to license or use any

RBX Mark.

RESPONSE:

REQUEST FOR PRODUCTION NO. 55. Documents that refer or relate to any

royalties any Third Party has offered to pay TRB, whether formally or informally, to license or

use any RBX Mark.

RESPONSE:

REQUEST FOR PRODUCTION NO. 56. Documents that refer or relate to

communications between TRB and One Step Up, Ltd. or Harry Adjmi that refer or relate to anyDisputed Marks.

RESPONSE:

14- PLAINTIFFS' FIRST REQUEST FOR

PRODUCTION OF DOCUMENTS AND THINGS

Perkins Coie llp

I120 N.W. Couch Sheet, Tenth Floor

Portland, OR 97209-4128

Phone: 503.727 .2000

Fax: 503.'727.2222 2l 184-01 12ILEG AL129426900.1

Exhibit B - Page 14 of 23
RESPONSE:REQUEST FOR PRODUCTION NO. 58. Documents that refer or relate to any

instance of which TRB has actual or hearsay knowledge, directly or indirectly, of any inquiry

regarding or suggestion of any connection of any type between TRB and Plaintiffs, any Disputed

Marks and any of Plaintiffs' Marks, or any Disputed Product and any of Plaintiffs' products. For

illustrative purposes only and without limiting the foregoing, such instances would include

misdirected inquiries, orders, cancellations, or returns, misassumptions as to source or origin,

and comments, complaints, or expressions by any person indicating an assumption or belief as to

association or connection between TRB or any of its products and Plaintiffs or any other apparelor footwear company.

RESPONSE:REeUEST FOR PRODUCTION NO. 59. Documents that refer or relate to adidas

RESPONSE:

REQUEST FOR PRODUCTION NO. 60. Documents that refer or relate to Reebok.

RESPONSE

REQUEST FOR PRODUCTION NO. 61. Documents that refer or relate to adidas's

Three-Stripe Mark (see, e.g., Complaint 111T20-33, Exs. 1-13) or stripes on adidas apparel or

footwear

15- PLAINTIFFS' FIRST REQUEST FOR

PRODUCTION OF DOCUMENTS AND THINGS

2t 184 -0 I l2tLEG ALl29 426900.1

Perkins Coie llP

1120 N.W. Couch Street, Tenth Floor

Portland, OR 97209 -4128

Phone: 503.727 .2000

Fax: 503.127 .2222

Exhibit B - Page 15 of 23
Badge of Sport (see, e.g., Complaint TIT 34-35, Ex. 14)'

RESPONSE:

REQUEST FOR PRODUCTION NO. 63. Documents that refer or relate to Reebok's

RBK Mark (see, e.g., Complaint TT 48-55, Exs. 19-21).

RESPONSE:REQUEST FOR PRODUCTION NO. 64. Photographs or depictions of any of

Plaintiffs' Marks within TRB's possession, custody, or control.

RESPONSE:

REQUEST FOR PRODUCTION NO. 65. Documents suffrcient to identify TRB's

monthly and annual gross revenue (including any royalty revenue) from the sale of each

Disputed Product.

RB,SPONSE:

REeUEST FOR PRODUCTION NO. 66. Documents sufficient to identify the number

of units of each Disputed Product sold by TRB monthly and annually.

RESPONSE:

REeUEST FOR PRODUCTION NO. 67. Documents sufficient to identify any

elements of cost or deduction claimed by TRB under 15 U.S.C. $ 1117.

16- PLAINTIFFS' FIRST REQUEST FOR

PRODUCTION OF DOCUMENTS AND THINGS

2 | I 8 4 -0 t 12 I LEG ALr 29 4269 00. 1

Perkins Coie llp

1120 N.W. Couch Street, Tenth Floor

Portland, OR 97209-4128

Phone: 503.727.2000

Fax: 503.727.2222

Exhibit B - Page 16 of 23
trademark or trade dress infringement claim, objection, demand, or other assertion

communicated to TRB by a Third Party, whether or not such communication resulted in a

lawsuit.

RESPONSE:

REQUEST FOR PRODUCTION NO. 69. Documents that refer or relate to any

trademark or trade dress infringement claim, objection, demand, or other asseftion

communicated by TRB to a Third Party, whether or not such communication resulted in alawsuit.

RESPONSE:REQUEST FOR PRODUCTION NO. 70. Documents that refer or relate to any

dispute between TRB and Seduka, LLC involving the RBX Logo or the RBX Mark, includingany documents produced by TRB in discovery in such a dispute.

RESPONSE:

REQUEST FOR PRODUCTION NO. 71. Documents that refer or relate to any

communications between Eli Yedid and Joe or Michael Dahan that refer or relate to the RBXLogo, the RBX Mark, or any of Plaintiffs' Marks.

RESPONSE:

17- PLAINTIFFS' FIRST REQUEST FOR

PRODUCTION OF DOCUMENTS AND THINGS

2 | I 8 4 -0 1 t2 I LEG AL I 29 426900. I

Perkins Coie llp

1120 N.W. Couch Street, Tenth Floor

Portland, OR 97209-4128

Phone: 503.727 .2000

Fax: 503.727 .2222

Exhibit B - Page 17 of 23
RESPONSE:

REQUEST FOR PRODUCTION NO. 73. Documents that refer or relate to TRB's

assertion that it has "used the RBX Marks on products that have been offered for sale or sold in

the United States since as early as 2002 withrespect to socks and as early as 2007 with respect to

other apparel." (Dkt. 24n q.

RESPONSE:

REQUEST FOR PRODUCTION NO. 74. Documents that refer or relate to TRB's

assertion that "the letters 'RB' have been used by TRB's predecessor in interest since as early as

2007." (Dkr. 24 T 6).

RESPONSE:

REQUEST FOR PRODUCTION NO. 75. Documents that refer or relate to TRB's

assertion that "Plaintiffs' claims are barred in whole or in part by the applicable two year statuteof limitations in the state of Oregon and any other applicable statute of limitations."

RESPONSE:

REQUEST FOR PRODUCTION NO. 76. Documents that refer or relate to TRB's

assertion that "Plaintiffs' claims are barred in whole or in part due to waiver."

RESPONSE:

18- PLAINTIFFS' FIRST REQUEST FOR

PRODUCTION OF DOCUMENTS AND THINGS

2 I I 84-0 I I 2/LEG AL129 426900.1

Perkins Coie llP

1120 N.W. Couch Street, Tenth Floor

Poftland, OR 97209-4128

Phone: 503.72'/.2000

Fax: 503.727.2222

Exhibit B - Page 18 of 23
RESPONSE:

REQUEST FOR PRODUCTION NO. 78. Documents that refer or relate to TRB's

assertion that "Plaintiffs' claims are barred in whole or in part due to their unclean hands."

RESPONSE:REQUEST FOR PRODUCTION NO. 79. Documents that refer or relate to TRB's

assertion that "Plaintiffs' claims are barred in whole or in part by the doctrine of estoppel."

RESPONSE:REQUEST FOR PRODUCTION NO. 80. Documents that refer or relate to TRB's

assertion that "Plaintiffs' claims arcbarred in whole or in part by the doctrine of acquiescence."

RESPONSE:REQUEST FOR PRODUCTION NO. 81. Documents that refer or relate to TRB's

assertion that "Plaintiffs' state law dilution claims are barred because they are preempted by

federal law and TRB's ownership of federal trademark registrations.".

RESPONSE:

REQUEST FOR PRODUCTION NO. 82. Documents that refer or relate to TRB's

assertion that "Plaintiffs have failed to mitigate their damages, if any."

RESPONSE:

19- PLAINTIFFS' FIRST REQUEST FOR

PRODUCTION OF DOCUMENTS AND THINGS

Perkins Coie llp

1120 N,W. Couch Street, Tenth Floor

Poftland, OR 97209^4128

Phone: 503.727.2000

Fax: 503.'727.2222 2t 1 84 -0 | |2|LEG ALl29 4269 00. I

Exhibit B - Page 19 of 23
RESPONSE:REQUEST FOR PRODUCTION NO. 84. Documents that refer or relate to TRB's

assertion that "Plaintiffs have used their trademark registrations to improperly and unfairly

promote a monopoly and restrict competition, and therefore should be denied enforcement of anypurported rights therein. ".

RESPONSE:

REQUEST FOR PRODUCTION NO. 85. Documents that refer or relate to TRB's

monitoring of its websites for visits, hits, or traffic from users or IP addresses at Plaintiffs or the

law firms of Kilpatrick Townsend & Stockton LLP or Perkins Coie LLP.

RESPONSE:

REQUEST FOR PRODUCTION NO. 86. Documents that refer or relate to

communications between TRB and any Third Party regarding this civil action.

RESPONSE:REQUEST FOR PRODUCTION NO. 87. Documents that refer or relate to

communications between TRB and any insurance company (including any agent, adjuster, orother employees thereof) regarding any of the Disputed Marks or this civil action.

RESPONSE:

20- PLAINTIFFS' FIRST REQUEST FOR

PRODUCTION OF DOCUMENTS AND THINGS

Perkins Coie llp

1120 N.W. Couch Street, Tenth Floor

Poftland, OR 97209-4128

Phone: 503.727.2000

Fax: 503.727.2222 2 t L 8 4 -0 1 12 I LEG AL t 29 4269 00. I

Exhibit B - Page 20 of 23
REQUEST FOR PRODUCTION NO. 89. Documents that refer or relate to the

opinions of any expert engaged by TRB in connection with this civil action, whether or not such

expeft actually will testiff in this civil action, including documents relied on, considered, or

examined by the expert for his or her opinions.

RESPONSE:

REQUEST FOR PRODUCTION NO. 90. Documents that refer or relate to the

opinions of any expert engaged by TRB in connection with any dispute with Seduka,LLC,whether or not such expert actually will testi$'in this civil action, including documents relied on,

considered, or examined by the expert for his or her opinions'

RESPONSE:

DATED: January 15,2016 PERKINS COIE T,I.P

By:

Stephen F OSB No. 9 4

SFeldman@perkinscoie. com

1120 N.W. Couch Street, Tenth Floor

Portland, OR 97209-4128Telephone: 503J27.2000Facsimile: 503.721.2222

Attorneys for Plaintiffs

21- PLAINTIFFS' FIRST REQUEST FOR

PRODUCTION OF DOCUMENTS AND THINGS

Perkins Coie llp

I120 N.W. Couch Street, Tenth Floor

Portland, OR 97 209 -4128

Phone: 503.721.2000

Fax: 503.727.2222 21 t84 -0 | 12 lLEG ALl29 426900. I

Exhibit B - Page 21 of 23
, 

Atlanta, GA 30309Telephone: 404.8 1 5.6500

Facsimile: 404.8 1 5.6555Attorneys for Plaintiffs

22- PLAINTIFFS' FIRST REQUEST FOR

PRODUCTION OF DOCUMENTS AND THINGS

2t 184 -0 | |L|LEG ALt29 426900. I

Perkins Coie llp

1120 N.W. Couch Street, Tenth Floor

Portland, OR 97 209 -4128

Phone: 503.727.2000

Fax: 503.'727.2222

Exhibit B - Page 22 of 23
Michelle Mancino MarshAllen G. Reiter

Eric RomanArent Fox LLP

1675 Broadway

New York, NY 10019

Attorneys for Defendant

Attorneys for Defendant

by causing a full, true, and correct copy thereof, addressed to the last-known office address of the

attorney or registered agent, to be sent by the following indicated method or methods (unlessindicated otherwise above), on the date set forth below: "

By mailing in a sealed, first-class postage-prepaid envelope and deposited with the

U. S. Postal Service at Portland, Oregon.

X By email transmission to davisk@lanepowell.com; mehrbanip@lanepowell'com;

TRB-ADIDAS @arentfox. com.By hand delivery

DATED: January 15,2016

PERKINS COIE rt p

By

Stephen M. Feldman, OSB No 932674SFeldman@perkinscoie. com

Telephone: 503.727.2000Facsimile: 503.737 .2222

Attorneys for Plai ntiffs

Kenneth R. Davis IIParna A. MehrbaniLane Powell PC

601 SW Second Avenue, Suite 2100

Portland, OR 97204-3 1 58

1- CERTIFICATE OF SERVICE

21 r8 4 -0 I 12/LEG N,l 29 426900.r

Perkins Coie llp

1120 N.W. Couch Street, Tenth Floor

Portland, OR 97209-4128

Phone: 503.727.2000

Fax 503.72'7.2222

Exhibit B - Page 23 of 23