Consistent with the preceding preliminary matters and definitions, produce for inspection and copying the following documents and things:
All documents and things identified in response to the interrogatories above and all documents and things relied upon or referred to in responding to the interrogatories set forth above.
All documents and things that relate to any likelihood of (or actual confusion) between the marks at issue in this action and Mishkoff's use of any such marks and any likelihood that Mishkoff's use of the marks at issue in this action would confuse, mislead, and/or deceive consumers or the public in any way.
All documents and things that relate to the allegation that Mishkoff's use of the marks at issue in this action in any way constitutes a false description or representation that Mishkoff's services originate with or are sponsored by or approved by Plaintiffs.
All documents and things that relate to any factual basis for Your contention that You have suffered harm by virtue of Mishkoff's use of the marks at issue in this action.
All documents and things that relate to any factual basis for Your contention that You have sustained any injury to Your business reputation.
All documents supporting, evidencing, or relating to Your claims for damages, including but not limited Your profit and loss statements, financial statements, and other records sufficient to show Your profits generated through the provision of services under the marks at issue in this action.
To the extent You are seeking lost profits as damages, all documents and things evidencing or supporting in any manner Your claim for lost profits, including but not limited to any and all forms of Your sales reports, income statements, audited and unaudited financial statements, financial reports to Your board of directors, management, and/or shareholders, and Your state and federal tax returns from the time five (5) years prior to the beginning of the time for which You seek lost profits to the present.
To the extent You are seeking statutory or punitive damages, all documents or things evidencing or supporting in any manner such damages and the manner by which You calculate such damages.
Any and all correspondence, memoranda, notes, communications, or other documents sent by You to Mishkoff.
All correspondence, memoranda, notes, or other documents received by You from Mishkoff.
Any notes taken by You in connection with any communications with Mishkoff or representatives or agents of Mishkoff.
All documents and things constituting or reflecting statements obtained by You from any person or entity regarding any matter related in any manner to this action.
All documents and things evidencing, constituting, or relating to any statement made by Mishkoff, his agents, or his representatives, concerning or relating in any way to the facts giving rise to this action.
All documents and things constituting statements obtained by You or by anyone on Your behalf from any person or entity regarding any matter related in any manner to this action.
All documents and things constituting correspondence or other communications between You and any third party concerning the marks at issue in this action.
All corporate resolutions, board of directors' meeting minutes, minute book notations, financial records, and other documents and things concerning in any manner the marks at issue in this action as they relate to Mishkoff in any way.
All documents and things relating to any marks similar to the marks at issue in this action of which You are aware, which You believe are being used in commerce.
All documents and things relating to any third party use of any marks similar to the marks at issue in this action.
All documents and things relating to any objection or protest made by You to any third party use of any similar marks based wholly or in part on a claim that it is likely to cause confusion with the marks at issue in this action, including but not limited to the filing of an opposition, institution of cancellation proceedings or an infringement suit, or other means, including correspondence with the person or entity using or proposing to use the mark(s).
For each trademark, service mark, design, phrase, logo, or trade name identified in response to the request immediately above, documents and things sufficient to identify the person using, proposing and/or intending to use the mark, the method(s) by which You objected to that use, the outcome of Your objections including whether or not the mark was subsequently used in commerce, and whether or not the mark is currently being used in commerce.
All documents and things relating to any objection or protest made by any third party to Your use of the marks at issue in this action, based wholly or in part on a claim that it is likely to cause confusion with any other mark, including but not limited to the filing of an opposition, institution of cancellation proceedings or an infringement suit, or other means, including correspondence from the third party.
For each objection or protest identified in response to the request immediately above, documents and things sufficient to identify the person objecting to Your use of the marks at issue in this action, the method(s) by which that person objected to that use, and the outcome of the objections.
All documents and things which You have provided to any person You expect to call as an expert witness at any preliminary injunction hearing or the trial of this matter.
All documents and things which You have received from any person You expect to call to testify as an expert witness at any preliminary injunction hearing or the trial of this matter.
All documents and things that relate to any survey conducted by or on behalf of You that relate to the marks at issue in this action.
All documents and things that relate to any survey conducted by or on behalf of You that relate to Mishkoff's use of the marks at issue in this action.
Documents and things sufficient to show the date(s) on which You first became aware that Mishkoff was making use of each of the marks at issue in this action.
If You contend that any of the marks at issue in this action are associated positively with You in the public's mind, for each such mark, produce all documents and things evidencing or in any way relating to complaints about You from Your customers or from any other person, including complaints about criminal conduct.
All documents and things regarding any document destruction or disposal policy or practice of Yours.
All documents concerning "hits" or visits by any person to any website bearing the marks at issue in this action.
Copies of all current and previous versions of every website or web page that uses any of the marks at issue in this action.
