Nike, Inc. v. Stockx LLC

Background

StockX submitted a revised request to redact portions of Nike, Inc.’s objection. The request followed the Court’s April 7, 2023 order directing the parties to submit revised proposed redactions. Nike consented to StockX’s revised proposal.

StockX’s Proposed Redactions

StockX sought to redact two categories of information:

- Commercially sensitive business information, including internal conversations about StockX’s proprietary verification process and the results of a confidential internal investigation. - The location of third party Roy Kim’s residence.

StockX argued that disclosure of information about its verification process could give competitors a competitive advantage. It also argued that the internal investigation information was commercially sensitive. Regarding Mr. Kim’s residence, StockX relied on privacy concerns and the confidentiality it maintains for customer addresses and states of residence.

Public Access and Ruling

The filing explained that judicial documents generally carry a common-law presumption of public access, but that the presumption is not absolute. Courts may balance public access against competing interests, including protection of confidential commercial information and personal privacy.

The Court’s endorsed ruling states: “Application GRANTED.” Judge Valerie E. Caproni therefore granted StockX’s request to implement the limited proposed redactions. The text does not specify the exact portions of the objection that were ultimately redacted beyond the categories described in StockX’s request.