Easy Spirit, LLC v. Skechers U.S.A., Inc.

Background

Easy Spirit and Skechers were litigating claims involving Easy Spirit’s TRAVELTIME trademark and the design of its Traveltime shoe. The parties submitted a joint letter concerning Easy Spirit’s request to depose Robert Greenberg, Skechers’ chief executive officer. The letter also refers to Skechers U.S.A., Inc. II as a defendant.

Easy Spirit argued that Greenberg had relevant firsthand knowledge about Skechers’ adoption and use of the challenged name, including the change from “COMMUTE” to “COMMUTE TIME.” Easy Spirit also argued that Greenberg was personally involved in the development and naming of the challenged shoes.

Skechers opposed the deposition. It argued that Greenberg was a high-level executive whose testimony would be duplicative, that other witnesses had already been deposed or were available, and that Easy Spirit had declined less burdensome discovery alternatives. Skechers also argued that the requested discovery was of limited importance and would disrupt its business.

What the Order Says

The submitted document states: “Plaintiff’s Section granted.” It then directs the parties to appear for a pre-motion conference on Wednesday, March 11, 2020, at 11:00 a.m. The court also stated that it would address the parties’ proposed redactions to the pre-motion letter and exhibits at that conference.

The provided text does not state that the court granted or denied Easy Spirit’s request to depose Greenberg. It also does not decide the underlying trademark or trade-dress claims.

Classification and Effect

This is a procedural order concerning discovery and a pre-motion conference, not a decision on the merits of the trademark dispute. Judge William H. Pauley III signed the order. The order’s exact meaning is somewhat unclear because the excerpt identifies only “Plaintiff’s Section” as granted and does not reproduce a separate explanation of that ruling.