UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

 

 

STARBUCKS CORPORATION, a

Washington corporation; and STARBUCKS

U.S. BRANDS, INC., a California

corporation 

 

Plaintiffs

 

v.

 

WOLFE'S BOROUGH COFFEE. INC., a

New Hampshire corporation, d/b/a BLACK

BEAR MICRO ROASTERY,

 

Defendant

 

 

 

 

No. Ol-CV-5981 (LTS) (THK)

 

 

DEFENDANT'S RESPONSE TO PLAINTIFFS'
AMENDED FIRST REQUEST FOR
THE PRODUCTION OF DOCUMENTS

 

 Now comes the Defendant, Wolfe's Borough Coffee, Inc. and responds to the Plaintiffs' Amended First Requests for Production of Documents as follows:

       

REQUEST NO. 1

All documents mentioned in Black Bear's responses to Plaintiffs First Set of Interrogatories to Defendant.

RESPONSE NO. 1

The Defendant shall produce such non-privileged documents as are in its possession, custody, or control.

REQUEST NO. 2

All documents requested or required to be identified by Black Bear in response to Plaintiffs First Set of Interrogatories to Defendant.

RESPONSE NO. 2

The Defendant shall produce such non-privileged documents as are in its possession, custody, or control.

REQUEST NO. 3

Documents sufficient to establish Black Bear's date and state of incorporation.

RESPONSE NO. 3

The Defendant shall produce such non-privileged documents as are in its possession, custody, or control.

REQUEST NO. 4

All documents that mention, discuss, evidence, refer to or relate to the date(s) of Black Bear's use of the "Charbucks" name, including, but not limited to, on or in connection with Black Bear's manufacture and sale of coffee products under the "Charbucks" name.

RESPONSE NO. 4

Objection. The Defendant objects to this request to the extent that it is not reasonably limited in scope and/or time. Notwithstanding and without waiving said objection, the Defendant shall produce such non-privileged documents as are in its possession, custody and/or control.

REQUEST NO. 5

All documents that mention, discuss, describe, refer to or relate to Black Bear's decision to use the "Charbucks" name.

RESPONSE NO. 5

The Defendant shall produce such non-privileged documents as are in its possession, custody and/or control.

REQUEST NO. 6

All documents that mention, discuss or constitute advertisements or promotional materials, in any medium, in which Black Bear has used the "Charbucks" name.

RESPONSE NO. 6

The Defendant shall produce such non-privileged documents as are in its possession, custody and/or control.

REQUEST NO. 7

One exemplar of every item, including, but not limited to, stationery, envelopes, labels, tags, stickers, containers, packages or products ever used or sold by Black Bear, that bears the "Charbucks" name.
RESPONSE NO. 7

Defendant shall produce such non-privileged documents as are in its possession, custody and/or control.

REQUEST NO. 8

All documents that mention, discuss, refer to or relate to Black Bear's marketing, promotion, advertising, and offering of goods and services under the "Charbucks" name, including, but not limited to, marketing plans, advertising plans, strategic business plans, and market research.

RESPONSE NO. 8

The Defendant shall produce such non-privileged documents as are in its possession, custody and/or control.

REQUEST NO. 9

All documents that mention, discuss, constitute, refer to or relate to any trademark searches or investigations concerning the term "Starbucks" or "Charbucks" conducted by or on behalf of Black Bear at any time.

RESPONSE NO. 9

Objection. The Defendant objects to this inquiry to the extent that it seeks documents which are attorney work product and/or created in anticipation of litigation. Notwithstanding and without waiving said objection, the Defendant states that it has no such documents in its possession, custody and/or control.

REQUEST NO. 10

All documents that mention, discuss, constitute, refer to or relate to any research, reports, surveys or studies conducted by or on behalf of Black Bear relating to consumer or customer perception of any mark or name that includes the term "Starbucks." or "Charbucks."

RESPONSE NO. 10

Objection. The Defendant objects to this inquiry to the extent that it seeks documents
which are attorney work product and/or created in anticipation of litigation. Notwithstanding and without waiving said objection, the Defendant states that it has no such documents in its
possession, custody and/or control.

REQUEST NO. 11

All documents that mention, discuss, refer to or relate to actual consumer confusion or the likelihood of confusion stemming from Black Bear's use of the "Charbucks" name.

RESPONSE NO. 11

Objection. The Defendant objects to this inquiry to the extent that it seeks documents which are attorney work product and/or created in anticipation of litigation. Notwithstanding and without waiving said objection, the Defendant states that it has no such documents in its possession, custody and/or control.

REQUEST NO. 12

All documents that mention, discuss, constitute, refer to or relate to any agreement(s) between Black Bear and third parties concerning use of the "Charbucks" name, including, but not limited to, license agreements, consent agreements, coexistence agreements, and settlement
agreements.

RESPONSE NO. 12

The Defendant has no such documents in its possession, custody and/or control.

REQUEST NO. 13

All documents that mention, discuss, refer to or relate to Starbucks.

RESPONSE NO. 13

Objection. The Defendant objects to this request to the extent that it is not reasonably limited in scope and/or time.

REQUEST NO. 14

All documents that mention, discuss, refer to or relate to the Starbucks Mark.

RESPONSE NO. 14

Objection. The Defendant objects to this request to the extent that it is not reasonably limited in scope and/or time.

REQUEST NO. 15

All documents that mention, discuss, describe, refer to or relate to the circumstances under which Black Bear first learned of the existence of Starbucks.

RESPONSE NO. 15

The Defendant has no such documents in its possession, custody and/or control.

REQUEST NO. 16

All documents that mention, discuss, describe, refer to or relate to the circumstances under which Black Bear first learned of the existence of the Starbucks Mark.

RESPONSE NO. 16

The Defendant has no such documents in its possession, custody and/or control.

REQUEST NO. 17

All documents that mention, discuss, constitute refer to or relate to any comments, inquiries, questions, correspondence, or statements from any person regarding Starbucks, the Starbucks Mark, or any of Starbucks' goods or services.

RESPONSE NO. 17

Objection. The Defendant objects to this inquiry to the extent that it seeks documents which are attorney work product and/or created in anticipation of litigation. Notwithstanding and without waiving said objection, the Defendant states that it will produce such non-privileged documents as are in its possession, custody and/or control.

 

   

 

Respectfully submitted,

Counsel for the Defendant,

 

110 Cedar Street, Suite 250

Wellesley Hills, MA 02481

(781) 237-0033

Dated:  March 19, 2002