But LV brought this lawsuit in California and has the burden of proof going forward, including producing its witnesses for deposition here. LV insists that in order to take LV's deposition in this case MSG must travel to Paris, France or New York City at its own expense or else pay the expenses of LV's designee(s) to travel to California. Its designee (French lawyer) in California on March 3 or any other date based on its position that LV is not required to produce its corporate designee(s) in California. On February 20, 2008, after unsuccessful meet and confer efforts, MSG noticed the deposition of LV pursuant to Fed. LV's apparent theory is that MSG and Akanoc are liable because Websites which offered allegedly counterfeit LV products for sale were hosted on their servers. LV brought the instant action against MSG, Akanoc, and the principal of bothĬompanies, Steven Chen, seeking monetary damages for contributory and vicarious trademark and copyright infringement.
("LV") makes and markets handbags and other merchandise worldwide, including in California, and maintains a manufacturing plant in San Dimas, California. Then they can check to see if a specific offending Website is using one of their servers. They further have no knowledge of the contents of Websites being hosted on their servers unless a specific complaint is brought to their attention. MSG and Akanoc have no relationship with any of the operators of Websites hosted on their servers. As with all Internet hosting companies, a small fraction of the Websites hosted by their customers are from time to time operated by persons engaged in improper activity, including possibly offering counterfeit goods for sale. They rent IP addresses and Internet bandwidth using approximately 1,500 servers to numerous third party resellers and other web hosting companies, who in turn host approximately 50,000 individual Websites utilizing MSG's and Akanoc's servers.
("Akanoc") are web hosting companies based in Fremont, California. 30(b)(6) designees for deposition in California. MSG seeks an order compelling LV to produce its Fed. 30(b)(6) designee(s) for deposition in California. will move the Court for an order compelling plaintiff Louis Vuitton Malletier, S.A. PLEASE TAKE NOTICE that on Apat 10:00 a.m., in Courtroom 2 of the aboveentitled Court, defendant Managed Solutions Group, Inc. 1995), Cited by Louis Vuitton in Its Objection, Is Inapposite. International Business Machines, 48 F.3d 478 (10th Cir. 2 The Cadent Factors Support the Deposition of Louis Vuitton in California. 2 The Presumption that the Deposition of a Corporation Take Place at Its Principal Place of Business Is Subject to Modification.
The Court Has Discretion to Order LV to Appear for Deposition in California. LOUIS VUITTON SHOULD BE ORDERED TO PRODUCE ITS DESIGNEE FOR DEPOSITION IN CALIFORNIA. MOTION TO COMPEL DEPOSITION OF PLAINTIFF LOUIS VUITTON MALLETIER, S.A. Lloyd NOTICE OF MOTION AND MOTION TO COMPEL THE DEPOSITION OF PLAINTIFF LOUIS VUITTON MALLETIER, S.A. AKANOC SOLUTIONS, INC., et al., Defendants.Ĭase No.: C 07-3952 JW Hon. LOUIS VUITTON MALLETIER, S.A., Plaintiff, vs. and Steven Chen UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION Edwards (SBN 166258) 18400 Von Karman, Suite 300 Irvine, California 92612 Telephone: (949) 553-1010 Facsimile: (949) 553-2050 Attorneys for Defendants Akanoc Solutions, Inc., Managed Solutions Group, Inc.
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