Judge Robert Sweet
A former employee purportedly stole $400,000 worth of goods from importer S.S. Dweck & Sons Inc.'s warehouse. Hasbani claimed S.S. Dweck sold him those goods for his new venture. S.S. Dweck contended that Hasbani and his codefendants sold, without permission, goods bearing its trademarks, trade dress and artwork. In connection with its 2013 lawsuit asserting, among other things, trademark counterfeiting and infringement, trade dress infringement and false destination of origin violating federal law, defendants ignored S.S. Dweck's demands to produce outstanding discovery materials and to allow inspection of their showroom and warehouse, called Blue Arrow. To the extent defendants possess relevant, undisclosed personal emails, district court ordered their production to S.S. Dweck. The court also found the issue of Blue Arrow's inspection moot as it will be inspected pursuant to an independent subpoena. The court ordered defendants to permit S.S. Dweck to inspect their showroom. A privately conducted inspection was not shown to cause them undue harassment or delay. Further, whether the showroom actually contains goods from S.S. Dweck's inventory goes to the central issue of the parties' litigation.
