Atari Interactive, Inc. v. Printify, Inc.

Nature of the filing

The provided text is a November 13, 2023 letter motion from defendants Printify, Inc. and Janis Berdigans asking to file limited material under seal. It supports their opposition to Atari Interactive, Inc.’s application for a temporary restraining order, an asset restraint, expedited discovery, and an order to show cause for a preliminary injunction.

Requested sealing

Printify asked to seal information highlighted in its opposition and in the supporting declaration of Anastasija Oleinika. The requested material included confidential financial information, customer numbers, sales and profit values, detailed platform-usage numbers and metrics, and information about Printify’s efforts to identify and stop allegedly infringing activity on its platform.

Printify argued that disclosure of the financial and operational information could cause significant competitive harm. It also argued that people seeking to infringe could use information about Printify’s enforcement methods to avoid detection or enforcement. The motion stated that the parties had not yet agreed to a protective order because the case was at an early stage.

Legal standard asserted in the motion

The letter described the Second Circuit’s three-step approach to sealing court filings: determining whether the material is a judicial document, assessing the weight of the public’s common-law right of access, and balancing that right against countervailing interests such as privacy and protection of confidential business information. Printify argued that the material was relevant to the court’s work but did not need to be public for the public to understand the dispute, especially because most facts and nearly all argument would remain unredacted.

Disposition

The provided text contains Printify’s request but no order or other statement showing what Judge Sidney Stein did with it. Accordingly, the text does not establish that the motion was granted, denied, or otherwise decided.