Bertini
Bertini v. Apple, Inc.
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 San Francisco Division 11 CHARLES BERTINI, Case No. 24-cv-03437-YGR (LB)
12 Plaintiff,
DISCOVERY ORDER
13 v. Re: ECF No. 75 14 APPLE, INC., 15 Defendant. 16 17 INTRODUCTION 18 Plaintiff Charles Bertini seeks to cancel Apple’s trademark registration for the APPLE mark for 19 educational and entertainment services. The USPTO’s Trademark Trial and Appeal Board (TTAB) 20 dismissed Bertini’s fraud-on-the-USPTO claims with prejudice and ruled in Apple’s favor on 21 abandonment after trial. The trial judge here dismissed the fraud claims, leaving abandonment at 22 issue.1 The parties dispute two categories of discovery: documents held by Apple’s attorneys 23 relevant to abandonment (RFPs 2, 3, and 4) and proprietary consumer-purchase records (RFP 7).2 24 The court can decide the dispute without oral argument. Civil L. R. 7-1(b). The court denies the 25
26 1 Order – ECF No. 63 at 1–2; Order – ECF No. 69 at 1, 5–8. Citations refer to…