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S.D.N.Y.Procedural orderFiled Aug. 2, 2023

North Star IP Holdings, LLC v. Icon Trade Services LLC

Judge
Clarke
Docket
1:22-cv-07324
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedureIntellectual Property
In one sentence

In North Star IP Holdings v. Icon Trade Services, Judge Clarke temporarily granted the parties’ request to seal confidential business information.

Who this affects

North Star IP Holdings, LLC, Icon Trade Services LLC, Jalapeno Pizza Holdings LLC, Jalapeno Pizza LLC, their attorneys, and court personnel with access to the sealed materials.

What happened

North Star IP Holdings, LLC v. Icon Trade Services LLC concerns a joint request to keep certain information from Icon Trade Services LLC’s summary-judgment filings under seal. The request covered sales and financial information involving Rebecca Minkoff trademarks, including units sold, prices, profits, customer names, order numbers, and invoice numbers.

The parties also sought redactions in several other filings. They said the information was private business information and had little relevance to deciding Icon’s motion for summary judgment. Icon did not oppose the other sealing requests described in the letter.

Judge Jessica G. L. Clarke temporarily granted the letter-motion to seal. The court directed the Clerk to terminate ECF No. 96 and seal ECF No. 97-2, with access limited to the parties’ attorneys and court personnel. The court said it would decide later whether to keep the materials sealed or redacted when ruling on the underlying motion.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
North Star IP Holdings, LLC v. Icon Trade Services LLC · No. 1:22-cv-07324
Judge
Clarke
Date
Aug. 2, 2023

Background

Icon Trade Services LLC, identified in the letter as the defendant, counterclaimant, and third-party plaintiff, asked the court to seal discrete portions of its motion for summary judgment. The parties had filed public redacted versions of several motion papers and planned to file unredacted versions under seal.

The joint request specifically concerned Exhibit 1 to the declaration of Joseph Edery. The exhibit contained a summary chart and supporting documents concerning Icon’s sales of goods using the REBECCA MINKOFF trademarks from February through October 2022. The proposed redactions covered the number of units sold; costs, sales values, and profits; customer names; order numbers; and invoice numbers.

The letter also described redactions requested by North Star IP Holdings, LLC and third-party defendants Jalapeno Pizza Holdings LLC, formerly Rebecca Minkoff Holdings LLC, and Jalapeno Pizza LLC, formerly Rebecca Minkoff LLC. Those redactions appeared in Icon’s memorandum of law, its statement of undisputed facts, declarations, and exhibits. Icon stated that it did not oppose those additional sealing requests.

The Court’s Ruling

The court temporarily granted the letter-motion to seal. It directed the Clerk of Court to terminate ECF No. 96 and seal ECF No. 97-2. Access to the sealed material was restricted to attorneys appearing for the parties and court personnel.

The order did not make the sealing permanent. It stated that the court would assess whether to keep the materials sealed or redacted when deciding the underlying motion. The ruling therefore addressed access to court filings, not the merits of Icon’s summary-judgment motion or the parties’ underlying claims.

Disposition

The letter-motion to seal was granted temporarily. The opinion does not state a final ruling on whether the materials will remain sealed or redacted.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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