Lions Gate, Ameritrade Clash Over Discovery in Trademark Row
Lions Gate Entertainment is butting heads with Ameritrade and Havas Worldwide over the scope of discovery in Lions Gate's copyright and trademark infringement claim involving Ameritrade/Havas use of the media company's "Nobody Puts Baby in a Corner" trademark (see 1607120017).…
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In a supplemental memorandum (in Pacer), Ameritrade/Havas accused Lions Gate of "a cat-and-mouse game, trying to narrowly and self-servingly limit" discovery request responses. It said Lions Gate could have reviewed roughly 9,900 emails or suggested a compromise, but instead delayed to the point that the motion to compel plaintiffs' production of documents ate up three meet-and-confer calls and more than 26 hours of Lions Gate attorney time. Ameritrade/Havas called false the Lions Gate allegations that the defendants want 29 years' worth of communications, when they want documents going back only five years related to the Dirty Dancing trademark, except when Lions Gate licensed the "Nobody Puts Baby in a Corner" line for advertising. Lions Gates' supplemental memorandum (in Pacer) said its assessment of the burden from discovery sought by Ameritrade/Havas "is even greater than it originally understood," saying it hired a third party to collect and search for potentially responsive documents. The company said it agreed to produce documents in the discovery order the defendants seek.