1 

Stephen M. Feldman, OSB No. 932674

SFeldman@perkinscoie.com 

PERKINS COIE LLP

1120 N.W. Couch Street, Tenth Floor 

Portland, OR 97209-4128 

Telephone: 503.727.2000 

Facsimile: 503.727.2222 

R. Charles Henn Jr., (pro hac vice) 

chenn@kilpatricktownsend.com 

Charles H. Hooker III, (pro hac vice) 

chooker@kilpatricktownsend.com 

KILPATRICK TOWNSEND & STOCKTON LLP

1100 Peachtree Street, Suite 2800 

Atlanta, GA 30309 

Telephone: 404.815.6500 

Facsimile: 404.815.6555 

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

ADIDAS AMERICA, INC., a Delaware 

corporation; ADIDAS AG, a foreign entity;

ADIDAS INTERNATIONAL 

MARKETING B.V., a foreign entity; 

REEBOK INTERNATIONAL LTD., a 

Massachusetts corporation; and REEBOK 

INTERNATIONAL LIMITED, a foreign 

entity,

Plaintiffs, 

v. 

TRB ACQUISITIONS LLC, a New York 

limited liability company, CUTIE PIE 

BABY, INC., a New York corporation, 

ELITE PERFORMANCE FOOTWEAR, 

LLC, a New York limited liability company, 

GINA GROUP LLC, a New York limited 

liability company, ONE STEP UP, LTD., a 

New York limited company, SARAMAX 

APPAREL GROUP, INC., a New York 

No. 3:15-cv-02113-SI

PLAINTIFFS’ SPECIALLY SET 

DEPOSITION OF TRB 

ACQUISITIONS LLC PURSUANT TO 

FED. R. CIV. P. 30(b)(6) – FIRST 

AMENDED NOTICE OF DEPOSITION

Exhibit S - Page 1 of 7

Case 3:15-cv-02113-SI Document 132-19 Filed 10/11/16 Page 1 of 7
2 - PLAINTIFFS’ SPECIALLY SET DEPOSITION OF TRB ACQUISITIONS LLC PURSUANT TO FED. R. 

CIV. P. 30(b)(6)

corporation, UNITED LEGWEAR 

COMPANY, LLC, a New York limited 

liability company, ACTIVE BASICS LLC, a New York limited liability company, 

USPA ACCESSORIES, LLC DBA 

CONCEPT ONE, a New York limited 

liability company, IMX, LLC, a New York 

limited liability company, KIDZ 

CONCEPTS, LLC, a New York limited 

liability company, Q4 DESIGNS LLC, a 

New York limited liability company, 

RBX.COM, LLC, a New York limited 

liability company, C.D.B. BRANDS LLC, a 

New York limited liability company, and LA 

KIDZ INC., a New York corporation, 

Defendants.

Pursuant to the Court’s August 19, 2016 order that Plaintiffs “may take a Rule 30(b)(6) 

deposition that will not count towards any limitations on plaintiffs’ discovery of the person or 

persons responsible for formulating, conducting, and implementing the search for responsive emails” and Federal Rule of Civil Procedure 30(b)(6), counsel for Plaintiffs adidas America, Inc., 

adidas AG, and adidas International Marketing B.V., Reebok International Ltd., and Reebok 

International Limited (collectively, “Plaintiffs”) will take the testimony of TRB Acquisitions 

LLC (“TRB”) by oral examination before an officer authorized by law to administer oaths at 

10:00 am EST on September 29, 2016 at the offices of Arent Fox LLP, 1675 Broadway, New 

York, New York 10019, or at such other place as may be agreed upon by counsel. 

The deposition will be taken for purposes of discovery, use at trial, and any other purpose 

permitted by the Federal Rules of Civil Procedure and the Federal Rules of Evidence. The 

testimony will be recorded by stenographic means (including live stream transcription) and may 

be videotaped. 

Pursuant to Federal Rule of Civil Procedure 30(b)(6), TRB is directed to designate one or 

more officers, directors, managing agents or other persons to testify on TRB’s behalf. Such 

Exhibit S - Page 2 of 7

Case 3:15-cv-02113-SI Document 132-19 Filed 10/11/16 Page 2 of 7
3 - PLAINTIFFS’ SPECIALLY SET DEPOSITION OF TRB ACQUISITIONS LLC PURSUANT TO FED. R. 

CIV. P. 30(b)(6)

person(s) shall be the most knowledge, qualified and competent to testify on TRB’s behalf as to 

all matters known, or reasonably available to TRB, concerning the following: 

DEFINITIONS

1. “TRB” means TRB Acquisitions LLC and each of its corporate affiliates, 

divisions, subgroups, wholly owned or partially owned subsidiaries, parent corporations, owners, 

area or regional offices, predecessors-in-interest, successors, assignees, agents, intermediaries, 

legal representatives, trustees, consultants, and all representatives and other persons acting on its 

behalf, and the present and former officers, servants, and employees of each of the entities 

referenced in this paragraph. 

2. “Device” or “Devices” means desktop or laptop computers, mobile electronic 

devices, portable digital assistants, cellular phones, smart phones, mini computers, tablets, 

external hard drives, shared drives, servers, CDs and DVDs, and USB flash drives. 

TOPICS

1. TRB’s efforts to locate, collect, and produce documents responsive to the 

Document Requests served by Plaintiffs.

2. The nature, scope, form, and extent of TRB’s communications with its licensees, 

customers, and third parties concerning the mark RBX. Specifically: 

a. The kinds of communications (e.g., e-mail, written correspondence, text 

messages, telephone calls) that TRB has had with its licensees, customers, and 

third parties concerning the mark RBX; and 

b. The quantity and frequency of communications that TRB has had with its 

licensees, customers, and third parties concerning the mark RBX. 

Exhibit S - Page 3 of 7

Case 3:15-cv-02113-SI Document 132-19 Filed 10/11/16 Page 3 of 7
4 - PLAINTIFFS’ SPECIALLY SET DEPOSITION OF TRB ACQUISITIONS LLC PURSUANT TO FED. R. 

CIV. P. 30(b)(6)

c. The identities of any owners, employees, or agents of TRB who are responsible 

for, or who engage in, communications with TRB’s licensees or customers 

concerning the RBX mark. 

3. The nature, scope, form, and extent of TRB’s communications with its licensees, 

customers, and third parties concerning the RBX logo, shown below. Specifically:

a. The kinds of communications (e.g., e-mail, written correspondence, text 

messages, telephone calls) that TRB has had with its licensees, customers, and 

third parties concerning the RBX logo, shown above. 

b. The quantity and frequency of communications that TRB has had with its 

licensees, customers, and third parties concerning the RBX logo, shown above. 

c. The identities of any owners, employees, or agents of TRB who are responsible 

for, or who engage in, communications with TRB’s licensees or customers 

concerning the RBX logo, shown above. 

4. The nature, scope, form, and extent of TRB’s communications with its licensees, 

customers, and third parties concerning the use of stripes on footwear and apparel. Specifically:

a. The kinds of communications (e.g., e-mail, written correspondence, text 

messages, telephone calls) that TRB has had with its licensees, customers, and 

third parties concerning the use of stripes on footwear and apparel. 

b. The quantity and frequency of communications that TRB has had with its 

licensees, customers, and third parties concerning the use of stripes on footwear 

and apparel.

Exhibit S - Page 4 of 7

Case 3:15-cv-02113-SI Document 132-19 Filed 10/11/16 Page 4 of 7
5 - PLAINTIFFS’ SPECIALLY SET DEPOSITION OF TRB ACQUISITIONS LLC PURSUANT TO FED. R. 

CIV. P. 30(b)(6)

c. The identities of any owners, employees, or agents of TRB who are responsible 

for, or who engage in, communications with TRB’s licensees or customers 

concerning the use of stripes on footwear and apparel. 

5. TRB’s document and email retention polies and practices. 

6. TRB’s policies and enforcement procedures regarding employees’ uses of 

Devices and data.

7. The locations of electronically stored information (“ESI”), including any Devices 

containing ESI. 

8. Devices currently in use and Devices no longer in use, including operating 

systems and software applications.

9. TRB’s network architecture, including file-naming conventions and locationsaving conventions. 

10. TRB’s databases and system administration.

11. TRB’s document management systems and other third-party hosted repositories. 

12. TRB’s document and data sharing systems, including third-party hosted systems. 

13. TRB’s email and messaging systems, including its archiving features, if any. 

14. The existence and maintenance of TRB’s intranet.

15. TRB’s onsite and off-site servers. 

16. TRB’s archival systems and procedures. 

17. TRB’s backup procedures, inventories and schedules. 

18. Computer or system failures, including data crashes. 

19. Data recover for any Device or system failures.

Exhibit S - Page 5 of 7

Case 3:15-cv-02113-SI Document 132-19 Filed 10/11/16 Page 5 of 7
6 - PLAINTIFFS’ SPECIALLY SET DEPOSITION OF TRB ACQUISITIONS LLC PURSUANT TO FED. R. 

CIV. P. 30(b)(6)

20. Identities of current and former personnel who have or had access to network 

administration, backup, archiving, or other system operations. 

DATED: September 26, 2016 

R. Charles Henn Jr. (admitted pro hac vice)

chenn@kilpatricktownsend.com 

Charles H. Hooker III (admitted pro hac vice) 

chooker@kilpatricktownsend.com 

KILPATRICK TOWNSEND & STOCKTON LLP

1100 Peachtree Street, Suite 2800 

Atlanta, GA 30309 

Telephone: 404.815.6500 

Facsimile: 404.815.6555 

Attorneys for Plaintiffs

Exhibit S - Page 6 of 7

Case 3:15-cv-02113-SI Document 132-19 Filed 10/11/16 Page 6 of 7
1 – CERTIFICATE OF SERVICE 

CERTIFICATE OF SERVICE

I hereby certify that I served the foregoing PLAINTIFFS’ SPECIALLY SET 

DEPOSITION OF TRB ACQUISITIONS LLC PURSUANT TO FED. R. CIV. P. 30(b)(6) 

– FIRST AMENDED NOTICE on:

Kenneth R. Davis II

Parna A. Mehrbani

Lane Powell PC

601 SW Second Avenue 

Suite 2100 

Portland, OR 92704-3158 

Attorneys for Defendant 

Michelle Mancino Marsh

Allen G. Reiter

Eric Roman

Xiyin Tang

Lindsay Korotkin 

Arent Fox LLP 

1675 Broadway 

New York, NY 10019 

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 (unless 

indicated 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 TRB-ADIDAS@arentfox.com, 

DavisK@LanePowell.com, mehrbanip@LanePowell.com.

By hand delivery. 

DATED: September 26, 2016

KILPATRICK TOWNSEND & STOCKTON LLP

 

Charles H. Hooker III (admitted pro hac vice)

chooker@kilpatricktownsend.com 

1100 Peachtree Street, Suite 2800 

Atlanta, GA 30309 

Telephone: 404.815.6500 

Facsimile: 404.815.6555 

Attorneys for Plaintiffs

Exhibit S - Page 7 of 7

Case 3:15-cv-02113-SI Document 132-19 Filed 10/11/16 Page 7 of 7