Atari Interactive, Inc. v. Redbubble, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ATARI INTERACTIVE, INC., Case No. 18-cv-03451-JST

Plaintiff, ORDER GRANTING MOTION TO

EXCLUDE LIVE GAMEPLAY

v. DEMONSTRATIONS AND NON-

PRODUCED GAMEPLAY VIDEOS

REDBUBBLE, INC., Re: ECF No. 209 Defendant.

12 This is a trademark and copyright infringement case. Plaintiff Atari Interactive, Inc. (“Atari”) alleges, among other things, that Defendant Redbubble, Inc. (“Redbubble”) infringed the copyright in the graphics and artwork of certain Atari video games. Atari recently announced its intention to use an Atari 2600 console at trial to perform a live gameplay demonstration of unspecified video games or, alternatively, to create recorded videos of gameplay which Atari would play during trial. Redbubble now moves to exclude such live demonstration or videos because none of the games or videos were produced in discovery or at any other time. ECF No. 209. Because Atari’s failure to produce the videos and games violated Atari’s discovery…