Telephone: 503.727.2000Facsimile: 503.727 .2222

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

com

Charles H. III (admitted pro hac vice)cho oker@ki lpatricktownsend. comKILPATRICK TOWNSEND & STOCKTON LLP

I 100 Peachtree Street, Suite 2800

Atlanta, GA 30309

Telephone: 404.8 I 5.6500

Facsimile: 404.8 1 5.6555Attorneys for Plaintiffs

LINITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

ADIDAS AMERICA, INC., a Delaware

corporation; ADIDAS AG, a foreignentity; ADIDAS INTERNATIONALMARKETING 8.V., a foreign entitY;REEBOK INTERNATIONAL LTD., AMassachusetts corporation; and REEBOKINTERI\ATIONAL LIMITED, a foreign

entity,

Plaintiffs,

PLAINTIFFS' FIRST SET OFINTERROGATORIES

No. 3:15-cv-02113-SI

Perkins Coie rlp

1120 N.V/. Couch Street, Tenth Floor

Portland, OR 97 209 -4128

Phone: 503.72'7.2000

Fax: 503.727.2222

v

TRB ACQUISITIONS LLC, a New York

limited liability company,

Defendant.

1- PLAINTIFFS' FIRST SET OF INTERROGATORIES

2t r84 -0 I I2|LEG ALr29 486149.r

Exhibit A - Page 1 of 12
following interrogatories in writing and under oath within thirty (30) days after the service of this

request.

I. DEFINITIONS

A. "adidas" means adidas AG and its subsidiaries and affiliates, including adidas

America, Inc., adidas International Marketing 8.V., and all of their respective officers, directors,

employees, agents, representatives, attorneys, parent corporations, subsidiaries, aff,rliates,

divisions, subgroups, successors, and assigns.

B. "Reebok" means Reebok International Ltd. and its subsidiaries and aff,rliates,

including Reebok International Limited, and all of their respective officers, directors, employees,agents, representatives, attorneys, parent corporations, subsidiaries, affiliates, divisions,

subgroups, successors, and assigns, excluding adidas.

C. "Plaintiffs" means adidas and Reebok.D. ((TRR" 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"

E. "Document" includes "things" and shall have the broadest possible construction

under Rule 34(a) of the Federal Rules of Civil Procedure and includes, without limiting the

generality of the foregoing, the original and all copies, drafts, and translations of any document

in any written, recorded, or graphic form, including memorandaand notes of oral conversations,as well as compilations, catalogs, and summaries of information or data, whether typed,

2- PLAINTIFFS' FIRST SET OF INTERROGATORIES

2 | | 8 4 -0 | 12 I LEG ALI 29 486 I 49. I

Perkins Coie rlp

1120 N,W. Couch Street, Tenth Floor

Poftland, OR 97209-4128

Phone: 503.'Ì2'7 .2000

Fax: 503.727.2222

Exhibit A - Page 2 of 12
documents are to be taken as including all attachments, exhibits, enclosures, appendices, andother documents that relate to or refer to such designated documents. The enumeration of various

specihc items as included within the defrnition of the word "documents" shall not be taken to

limit the generality of this word, and the requests herein are directed and intended to obtain all

"documents" in the broadest and most comprehensive sense and meaning of this word.

F. "Person" includes both the singular and plural, and means any individual,

partnership, joint venture, corporation, proprietorship, firm, association, group, club, institute,

governmental body, or any other organizalionor entity. "Person" includes any Third Party.

G. "Third Party" includes both the singular and plural, and means any Person except

Plaintiffs and TRB.

H. "Date" means the exact day, month, and year if ascertainable, or if not, the best

available approximation (including an approximation through relationship to other events).

L "Identify" when used in reference to a Person who is an individual, means to state

his or her first name, present or last known address and phone number, and present or last known

position or business affiliation.

J. "Identify" when used in reference to a Person who is a partnership, joint venture,

corporation, proprietorship, firm, association, group, club, institute, governmental body, or anyother organizationor entity, means to state its full name, the legal form of such entity or

organization, its present or last known address and telephone number, and the identity of its chief

executive officer, partners, or persons in equivalent positions.

K. "Disputed Three-Stripe Design" means the TRB design depicted in Paragraph 8

of the Complaint filed in this action ("Complaint"), as well as any other TRB design

incorporating2,3,or 4 parallel or substantially parallel stripes running vertically down an item

3- PLAINTIFFS, FIRST SET OF INTERROGATORIES

2t t84 -0 | l2lLEG AL1294861 49.t

Perkins Coie llP

I120 N.W. Couch Street, Tenth Floor

Poftland, OR 97209-4128

Phone: 503.727 .2000

Fax 503.727.2222

Exhibit A - Page 3 of 12
M. "RBX Mark" means any word, mark, or designation incorporating the letters

..RBX,"

N. "Disputed Marks" means the designs and logos described in Definitions K, L, and

M above.

O. "Disputed Product" means arry apparel or footwear bearing any of the Disputed

Marks.

P. "Plaintiffs' Marks" means the trademarks described and depicted in Paragraphs

20-54 of Complaint and Exhibits l-21to the Complaint.

a. The terms "aîy" and "all" shall be mutually interchangeable and shall not be

construed to limit any Interrogatory.

R. "And" shall mean "or" and "or" shall mean "arrd" to make the interrogatory

inclusive rather than exclusive.

S. The past tense shall be construed to include the present tense, and vice versa, to

make the interrogatory inclusive rather than exclusive.

T. The singular shall be construed to include the plural, and vice versa, to make the

interro gatory inclusive rather than exclusive.

U. "Including" shall mean "including but not limited to" and "including without

limitation."

V. "Refer or relate" means concerning, regarding, referring to, relating to,

discussing, noting, about, with respect to, mentioning, describing, evidencing, or constituting.

W. "Promote" includes advertise, endorse, sponsor, and similar activities.

4- PLAINTIFFS' FIRST SET OF INTERROGATORIES2 t t84 -0 I t2 / LEG ALl29 486 I 49. I

Perkins Coie llp

I120 N.W. Couch Street, Tenth Floor

Portland, OR 97209 -4128

Phone: 503.127.2000

Fax: 503.727.2222

Exhibit A - Page 4 of 12
additional pages, if necessary, or in a separate document in substantially similar form.

2. TRB must serve the original answers to the interrogatories on Plaintiffs' counsel

within thirty (30) days after service of the interrogatories.

3. Where an interrogatory relates to more than one person or subject, it must be

answered as to each such person or subject separately.

4. Any objection to the intenogatories must be signed by the attorney making the

objection. The objectingpafty must state the reasons for the objection with specificity and mustanswer any portion of the interrogatory to which there is no objection.

5. TRB must furnish all information available to it as of the date of its answers to

these interrogatories. If TRB is unable to answer any of the interrogatories fully and completely,

after exercising due diligence to secure the information necessary to make such full and completeanswers, so state, and answer each such interrogatory to the fullest extent possible, specifying theextent of TRB's knowledge and TRB's inability to answer the remainder, setting forth whatever

information or knowledge TRB may have concerning the unanswered portions and the efforts

made to obtain the requested information.

6. These interrogatories call not only for the knowledge of TRB, but also for all

knowledge that is available to TRB by reasonable inquiry and due diligence, including inquiry of

TRB' s representatives, agents, and attorneys.

7. 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 interrogatories in a timely manner if it learnsthat in any material respect a response is incomplete or incorrect. If TRB expects to obtain

fuither information or expects the accuracy of a response to change between the time responses

are served and the time of trial, TRB must state this expectation in each response.

5- PLAINTIFFS' FIRST SET OF INTERROGATORIES

Perkins Coie llp

1120 N.W. Couch Street, Tenth Floor

Portland, OR 97209-4128

Phone: 503.727.2000

Fax: 503.727.2222 2 t 1 8 4 -0 | t2 I LEG AL | 29 48 6 I 49 . r

Exhibit A - Page 5 of 12
ilI. INTERROGATORIES

INTERROGATORY NO. 1: Identify each Person involved in TRB's design, selection,

and adoption of each Disputed Three-Stripe Design, describing each Person's involvement'

RESPONSE:

INTERROGATORY NO. 2: Identify each Person involved in TRB's design, selection,

and adoption of the RBX Logo, describing each Person's involvement.

RESPONSE:

INTERROGATORY NO. 3: Identify each Person involved in TRB's design, selection,

and adoption of each RBX Mark, describing each Person's involvement.

RESPONSE:INTERROGATORY NO. 4: Describe the typical or target consumers (i.e., end users)

of each Disputed Product, including the demographic and psychograhic profiles of such

consumers.

RESPONSE:

INTERROGATORY NO. 5: Identify each Person who has been responsible for the

creation, preparation, development, or placement of advertising or promotional materials for any

Disputed Product, describing each Person's responsibility

RESPONSE:

6- PLAINTIFFS' FIRST SET OF INTERROGATORIES

2 | t8 4 -0 | 12 lLEG ALr29 486 t 49. I

Perkins Coie llp

1120 N.W. Couch Street, Tenth Floor

Portland, OR 97209-4128

Phone: 503.'727 .2000

Fax: 503.127.2222

Exhibit A - Page 6 of 12
RESPONSE:

INTERROGATORY NO. 7: Identify each Person who has been responsible for the

distribution and sale of each Disputed Product, describing each Person's responsibility

RESPONSE:INTERROGATORY NO. 8: Identify each store, website, or other outlet through

which each Disputed Product has been sold or offered for sale.

RESPONSE:

INTERROGATORY NO. 9: State how and when TRB first leamed of each of

Plaintiff s Marks.

RESPONSE:

INTERROGATORY NO. 10: Identify each 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 or any Disputed Product and any ofPlaintiffs' products. For illustrative purposes only and without limiting the foregoing, suchinstances would include misdirected inquiries, orders, cancellations, or returns, misassumptions

as to source or origin, and comments, complaints, or expressions by any person indicating anassumption or belief as to association or connection between TRB or any of its products andPlaintiffs or any other apparel or footwear company'

RESPONSE:

7- PLAINTIFFS' FIRST SET OF INTERROGATORIES

2t 184-0 I r2lLEG ALl29 486149.r

Perkins Coie llp

I120 N.W. Couch Street, Tenth Floor

Portland, OR 97209-4128

Phone: 503.727.2000

Fax: 503j27.2222

Exhibit A - Page 7 of 12
RESPONSE:

INTERROGATORY NO. 12: Identify each Third Party that has offered for sale or sold

products incorporating a design that TRB contends is similar to adidas's Badge of Sport (see,

e.g.,Complaint flfl 34-35, Ex. 14), or the RBX Logo'

RESPONSE:

INTERROGATORY NO. 13: Identify each Third Party that has offered for sale or sold

products incorporating a design that TRB contends is similar to Reebok's RBK Mark (see, e.g.,

Complaint ITT 48-55, Exs. 19-21), or the RBX Mark.

RESPONSE:

INTERROGATORY NO. 14: Identify each Person who has been responsible for wear

testing or conducting any other quality control with regard any Disputed Product, describing

each Person's responsibility.

RESPONSE:

INTERROGATORY NO. 15: Identify each Third Party that, within the past five (5)

years, has communicated to TRB a claim, objection, demand, or other assertion regarding

alleged trademark or trade dress infringement, whether or not such communication resulted in alawsuit.

RESPONSE:

8- PLAINTIFFS' FIRST SET OF INTERROGATORIES

2 I | 8 4 -0 | 12 I LEG AL | 29 48 6 1 49 . I

Perkins Coie llp

1120 N.W. Couch Street, Tenth Floor

Poftland, OR 97209-4128

Phone: 503.727.2000

Fax: 503.727.2222

Exhibit A - Page 8 of 12
INTERROGATORY NO. 17: Identify any royalty rate(s) TRB has paid or has offered

to pay, whether formally or informally, to license or use the trademarks or trade dress of a Third

Party.

RESPONSE:

INTERROGATORY NO. 18: Identify the royalty rate(s) any Third Party has paid or

has offered to pay TRB, whether formally or informally, to license or use any trademarks ortrade dress, including the RBX Logo and RBX Mark

RESPONSE:

INTERROGATORY NO. 19: For each of the interrogatories, identify each Person,

other than counsel, who was consulted or who otherwise provided information in connection

with the response, and identify the interrogatory or interrogatories for which each such Person

provided information.

RESPONSE:

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

By:

Feldman, OSB No. 932674

SF com

1120 N.W. Street, Tenth Floor

Portland, OR 97209-4128Telephone: 503.727.2000

Attorneys for Plaintiffs

9- PLAINTIFFS' FIRST SET OF INTERROGATORIES2 1 l 84-0 l L21LEG AL129486r49 .t

Perkins Coie llp

1120 N.W. Couch Street, Tenth Floor

Portland, OR 97209 -4128

Phone: 503.727.2000

Fax: 503.727.2222

Exhibit A - Page 9 of 12
, 

Atlanta, GA 30309Telephone: 404.8 1 5.6500

Attomeys for Plaintiffs

10- PLAINTIFFS' FIRST SET OF INTERROGATORIES

Perkins Coie llp

1120 N.W. Couch Street, Tenth Floor

Portland, OR 97 209 -4128

Phone: 503.7272000

Fax: 503.'72'7.2222 2t I 8 4 -0 I 12 I LEG ALr29 486 1 49. I

Exhibit A - Page 10 of 12
foregoing responses is true and correct. I make this certification based upon personal knowledge

of which I am competent to testify.

By:

Title:Date:

11- PLAINTIFFS' FIRST SET OF INTERROGATORIES

2t t84 -0 I |2|LEG ALr29 4861 49. I

Perkins Coie up

I120 N.W. Couch Street, Tenth Floor

Portland, OR 97 209 -4128

Phone: 503.727.2000

Fax: 503.72'7.2222

Exhibit A - Page 11 of 12
Michelle Mancino MarshAllen G. ReiterEric 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 (unless

indicated otherwise above), on the date set forth below:

By mailing in a sealed, first-class postage-prepaid envelope and deposited with theU. S. Postal Service at Portland, Oregon.By email transmission to davisk@lanepowell.com; mehrbanip@lanepowell.com;TRB-ADIDAS @arentfox. com.By hand delivery.

DATED: January 15,2016

PERKINS COIE rrp

By

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

Telephone: 503.727.2000Facsimile: 503.737.2222

Attorneys for Plaintiffs

Kenneth R. Davis IIParna A. MehrbaniLane Powell PC601 SW Second Avenue, Suite 2100Portland, OR 97204-3 I 58

X

1- CERTIFICATE OF SERVICE

2t t 84 -01 |2|LEG ALl29 486 149.1

Perkins Coie llp

I120 N.W. Couch Street, Tenth Floor

Portland, OR 97 209 -4128

Phone: 503.727 .2000

Fax: 503.727.2222

Exhibit A - Page 12 of 12