Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1291599
`
`Filing date:
`
`06/15/2023
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`92081622
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Defendant
`SM Beauty, LLC
`
`SANG LEE
`LAW OFFICES OF SANG LEE
`505 E GOLF RD STE H
`ARLINGTON HEIGHTS, IL 60005
`UNITED STATES
`Primary email: slee000@aol.com
`Secondary email(s): softbeeus@gmail.com, jlee@leebreenlaw.com,
`mlee@leebreenlaw.com
`847-208-8617
`
`Motion to Compel Discovery or Disclosure
`
`John Y. Lee
`
`jlee@leebreenlaw.com
`
`/s/ John Y. Lee
`
`06/15/2023
`
`23-06.15 Respondent's Motion to Compel.pdf(452938 bytes )
`23-06.15 Respondent's Motion to Compel Exhibit A.pdf(204208 bytes )
`23-06.15 Respondent's Motion to Compel Exhibit B.pdf(205221 bytes )
`23-06.15 Respondent's Motion to Compel Exhibit C.pdf(168306 bytes )
`23-06.15 Respondent's Motion to Compel Exhibit E.pdf(686537 bytes )
`23-06.15 Respondent's Motion to Compel Exhibit F.pdf(395955 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`Cancellation No. 92081622
`
`Mark: BLACKPINK
`
`Reg. No.5376449
`
`
`
`
`
`
`
`
`
`
`YG ENTERTAINMENT INC.,
`
` Petitioner,
`
` vs.
`
` SM BEAUTY, LLC,
`
` Respondent.
`
`
`
`RESPONDENT’S MOTION TO COMPEL
`
`
` Respondent SM Beauty, LLC, by its counsel, moves to compel Petitioner, YG
`
`Entertainment, Inc. to answer interrogatories and to produce documents, or in the alternative,
`
`leave to serve interrogatories and documents requests in excess of 75 each and for Petitioner to
`
`Respond to the same. In support of this motion, Respondent states as follows;
`
`
`1.
`
`Respondent served 33 interrogatories and 35 documents requests on Petitioner.
`
`They are respectively attached as Exhibits A and B.
`
`2.
`
`Petitioner responded by not answering a single interrogatory or producing a single
`
`document or making any objection other than that they are in excess of 75 each, including
`
`“subparts”. Those objections based on Petitioner claiming that 33 interrogatories and 35 document
`
`requests are in excess of 75 each, and no other objection are attached as group Exhibit C.
`
`3.
`
`There are no subparts to Respondent’s interrogatories or document requests at all,
`
`but Respondent reads them by parsing words and making multiple interrogatories or document
`
`requests out of single requests.
`
`
`
`1
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`

`

`4.
`
`Counsel for the parties had a meet and confer and confirmed that is the only basis
`
`for Petitioner to refuse to answer a single interrogatory or produce a single document. Those
`
`meet and confer communications are attached as Exhibit D.
`
`5.
`
` Respondent confirmed and memorialized the meet and confer (see Exhibit D-1
`
`and D-2), explaining how frivolous Petitioner’s position was.
`
`6.
`
` Evidently, realizing how untenable its position was, Petitioner then emailed,
`
`claiming that the ridiculous position it took during the meet and confer was for
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`“illustration purposes.” (See email exchange on Exhibit D-10). Putting aside Petitioner’s bad
`
`faith, moving target meet and confer positions, it still has not explained what its objections are or
`
`why it has not complied with written discovery.
`
`7.
`
`As Petitioner’s Initial Disclosure, attached Exhibit E, indicates, Petitioner has
`
`responsive documents to the document requests served by Respondent.
`
`8.
`
`All of Respondent’s interrogatories and document requests seek relevant
`
`information and documents arising out of the Petition in this matter.
`
`9.
`
` Parsing words to artificially create tortured subparts to claim that 33 and 35
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`written discovery requests are actually more than 75 each is bad faith.
`
`10.
`
` Moreover, Petitioner’s counsel claims that it will articulate more objections
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`later. Deadline for objecting to written discovery has long passed.
`
`11.
`
` If there are any subparts to Respondent’s 33 and 35 requests for written discovery
`
`to make them count as more than 75 each, then Respondent alternatively requests leave to serve
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`those written discovery (already served) and to have Petitioner answer them and produce
`
`documents, as they all arise straight out of the Petition in this matter.
`
`
`
`
`
`2
`
`

`

` WHEREFORE, Respondent respectfully moves the TTAB for an order compelling
`
`Petitioner to answer the interrogatories or document requests already served on Petitioner,
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`regardless of whether they are counted as 33 and 35 requests or more than 75 requests each.
`
`
`
`Date: Jun 15,2023
`
` Respectfully submitted,
`
`
`
` By: /s/John Y. Lee
` One of the Attorneys for Respondent SM Beauty
`
`John Y. Lee
`Attorney for Registrant
`jlee@leebreenlaw.com
`Lee & Breen LLC
`188 Industrial Drive, Suite 403
`Elmhurst, IL 60126
`Tel.: (312) 241-1420
`
`Sang Lee
`USPTO Reg. No. 67,541
`Attorney for Registrant
`slee000@aol.com,
` softbeeus@gmail.com
`Law Offices of Sang Lee
`505 E Golf Road, Suite H
`Arlington Heights, IL 60005
`Tel: 1-847-208-8617
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`

`

`
`
`CERTIFICATE OF SERVICE
`
`
`The undersigned hereby certifies that a copy of the foregoing Respondent’s Motion to
`
`Compel were served on the following via email, on Jun 15, 2023, as follow:
`
`
`Govinda M. Davis, Esq.
`Dinsmore & Shohl, LLP
`255 East Fifth Street, Suite 1900
`Cincinnati, OH 45202
`Telephone: (513) 977-8200
`Facsimile: (513) 977-8141
`govinda.davis@dinsmore.com
`Attorneys for Petitioner YG Entertainment Inc.
`
`/s/ John Y. Lee
`
`
`
`
`
`
`
`4
`
`
`
`
`
`
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`YG ENTERTAINMENT INC.,
`
` Petitioner,
`
` vs.
`
` SM BEAUTY, LLC,
`
`
`Respondent.
`
`Commissioner for Trademarks
`P.O Box 1451
`Alexandria, VA 22313-1451
`
`
`Cancellation No. 92081622
`
`Mark: BLACKPINK
`
`Reg. No.5376449
`
`
`
`
`
`
`
`
`
`
`RESPONDENT’S FIRST INTERROGATORIES TO PETIONER
`
`
`
`Respondent SM beauty, LLC (“SM”) hereby propounds Petitioner, the following
`
`interrogatories to be answered and served upon counsel for SM within the time specified by law.
`
`INSTRUCTIONS AND DEFINITIONS
`
`1.
`
`Each interrogatory is required to be answered upon your entire knowledge from
`
`all sources and all information in your possession or otherwise available to you, including
`
`information of your officers, employees, agents, representatives, or attorneys, and information
`
`which is known by such officers, employees, agents, representatives, or attorneys. Every
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`document or source of information not within your immediate or direct control must be consulted
`
`in answering each interrogatory propounded herein if such document or source of information is
`
`either subject to inspection by or production on demand by you.
`
`2.
`
`If any of the following written interrogatories cannot be answered in full, answer
`
`to the extent possible, specifying the reason for your inability to answer the remainder, and
`
`stating all information or knowledge you have concerning the answered portion. If your
`
`1
`
`Respontent's Motion to Compel Exhibit A1
`YG entertainment v. SM Beauty Cancellation No. 920816221
`
`

`

`answers are qualified in any particular, set forth the terms and explanations of each such
`
`qualification.
`
`3.
`
`If requested to “identify” a person, people, an entity or entities, provide the
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`following: if a person or people, their (a) name, (b) last known address and telephone number,
`
`and (c) relationship with defendant, if any; if an entity or entities, their (i) name, (ii) principal
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`business address, and (iii) relationship with defendant, if any.
`
`4.
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`All words or phrases shall be construed as either singular, plural, masculine,
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`feminine, or as necessary to bring within the scope of these discovery requests any information
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`and documents which might otherwise be construed to be outside their scope.
`
`5.
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`“And” as well as “or” shall be construed either disjunctively or conjunctively to
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`bring within the scope of these discovery requests any information which might otherwise be
`
`construed to be outside of their scope.
`
`6.
`
`As used in these interrogatories, the term “Person” means any natural person or
`
`any business entity, or governmental agency.
`
`7.
`
`8.
`
`As used in these interrogatories, the term “YG” shall refer to YG Entertainment.
`
`As used in these interrogatories, the term “BLACKPINK” shall refer to the K-pop
`
`group referenced in Paragraph 7 of YG’s Petition for Cancellation (hereafter referred to as the
`
`“Petition”) Cancellation No. 92081622 Filed before the United State Patent and Trademark
`
`office, Trademark Trial and Appeal Board.
`
`9.
`
` “You” or “Your” refers to YG and BLACKPINK, their parent company, or any
`
`of their officers, employees, agents, representatives and anyone acting on their behalf.
`
`10.
`
` “SM TM” refers to SM’s trademark “BLACKPINK” registration no. 5376449
`
`referenced in Par. 2 of the Petition.
`
`2
`
`Respontent's Motion to Compel Exhibit A2
`YG entertainment v. SM Beauty Cancellation No. 920816222
`
`

`

`11.
`
` “YG TM 84” refers to YG’s trademark “BLAKCPINK & DESIGN”
`
`registration no. 6488584 referenced in Par. 3 of the Petition.
`
`12.
`
` “YG TM 26” refers to YG’s trademark “BLACKPINK & DESIGN” registration
`
`no. 5440426 referenced in Par. 3 of the Petition.
`
`13. “YG App” refers to YG’s BLACKPINK application no. 79335161 referenced in
`
`Par. 3 of the Petition.
`
`INTERROGATORIES
`
`1.
`
`State the full name and address of the person answering or furnishing any
`
`information for the answers to these interrogatories and for each such person identify each
`
`interrogatory for which he/she provided information for the answer and what information was
`
`provided.
`
`2.
`
`3.
`
`State when and where BLACKPINK debuted.
`
` State when BLACKPINK debuted in the United States and what products or
`
`services were advertised, marketed, published or sold, and where and when, in coordination
`
`with or arising out of that U.S. debut.
`
`4.
`
` State when YG first used YG TM 84, where it used it, and what goods or
`
`services were advertised, marketed, published or sold in coordination with or arising out of that
`
`first use of YG TM 84, and where and what such advertisement, marketing, publication or sale
`
`took place.
`
`5.
`
` State itemized costs YG incurred for its activity identified in answer to
`
`Interrogatory No 4.
`
`6.
`
` State what itemized revenues were generated as a result of YG’s activity
`
`identified in answer to Interrogatory No. 4.
`
`3
`
`Respontent's Motion to Compel Exhibit A3
`YG entertainment v. SM Beauty Cancellation No. 920816223
`
`

`

`7.
`
` State when YG first used YG TM 84 in the United States, where it used it,
`
`and what goods or services were advertised, marketed, published or sold in coordination with or
`
`arising out of that first use of YG TM 84 in the United States, and where and what such
`
`advertisement, marketing, publication or sale took place.
`
`8.
`
` State itemized costs YG incurred for its activity identified in answer to
`
`Interrogatory No. 7.
`
`9.
`
` State what itemized revenues were generated as a result of YG’s activity
`
`identified in answer to Interrogatory No. 7.
`
`10.
`
` State when YG first used YG TM 26, where it used it, and what goods or
`
`services were advertised, marketed, published or sold in coordination with or arising out of that
`
`first use of YG TM 26, and where and what such advertisement, marketing, publication or sale
`
`took place.
`
`11.
`
` State itemized costs YG incurred for its activity identified in answer to
`
`Interrogatory No. 10.
`
`12.
`
` State what itemized revenues were generated as a result of YG’s activity
`
`identified in answer to Interrogatory No. 10.
`
`13.
`
` State when YG first used YG TM 26 in the United States, where it used it,
`
`and what goods or services were advertised, marketed, published or sold in coordination with or
`
`arising out of that first use of YG TM 26 in the United States, and where and what such
`
`advertisement, marketing, publication or sale took place.
`
`14.
`
` State itemized costs YG incurred for its activity identified in answer to
`
`Interrogatory No. 13.
`
`4
`
`Respontent's Motion to Compel Exhibit A4
`YG entertainment v. SM Beauty Cancellation No. 920816224
`
`

`

`15.
`
` State what itemized revenues were generated as a result of YG’s activity
`
`identified in answer to Interrogatory No. 13.
`
`16.
`
` State when YG first used the words “BLACK PINK” other than YG TM 84
`
`or YG TM 26, where it used it, and what goods or services were advertised, marketed, published
`
`or sold in coordination with or arising out of that first use of the words “BLACKPINNK” other
`
`than YG TM 84 or YG TM 26, and where and what such advertisement, marketing, publication
`
`or sale took place.
`
`17.
`
` State itemized costs YG incurred for its activity identified in answer to
`
`Interrogatory No. 16.
`
`18.
`
` State what itemized revenues were generated as a result of YG’s activity
`
`identified in answer to Interrogatory No. 16.
`
`19.
`
` State when YG first used the words “BLACKPINK” other than YG TM 84
`
`or YG TM 26 in the United States, where it used it, and what goods or services were advertised,
`
`marketed, published or sold in coordination with or arising out of that first use of the words
`
`“BLAKPINK” other than YG TM 84 or YG TM 26, and where and what such advertisement,
`
`marketing, publication or sale took place.
`
`20.
`
` State itemized costs YG incurred for its activity identified in answer to
`
`Interrogatory No. 19.
`
`21.
`
` State what itemized revenues were generated as a result of YG’s activity
`
`identified in answer to Interrogatory No. 19.
`
`22.
`
` Identify and itemize the “damages” alleged in Paragraph 23 of the Petition.
`
`23.
`
` State the factual and informational bases upon which You make allegations
`
`based on “information and belief” in the Petition, including but not limited to Paragraphs 33, 34,
`
`5
`
`Respontent's Motion to Compel Exhibit A5
`YG entertainment v. SM Beauty Cancellation No. 920816225
`
`

`

`35, 36, 41, 42, 43, 44, 45, 47, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66,
`
`67, 68, 87. 88. 89, 90, 91, 92, 93, 94, 95, 96, and 97 of the Petition.
`
`24.
`
` State the factual and informational bases upon which You make allegations
`
`of “fraud” in Paragraphs 70, 71, and 72 of the Petition.
`
`25.
`
` State the factual and informational bases of Your allegation that
`
`Respondent has made a “business practice” of “trading on goodwill of others”, including but not
`
`limited to who those “others”.
`
`26.
`
` State the use of the musical group Sistar or its management company’s use
`
`of any trademark or tradename in the United States.
`
`27.
`
` State the bases for Your claim that Respondent’s products are “Korean
`
`cosmetic products” as alleged in Paragraph 74 of the Petition.
`
`28.
`
` State when the song “Touchdown” by the musical group BLACK PINK
`
`debuted in the United States.
`
`29.
`
` State the factual or informational bases for Your allegations of
`
`“misrepresentation of source” or “likelihood of confusion” as alleged in Paragraph 84 of the
`
`Petition between any trademark of YG and any of Respondent’s trademarks, advertisement,
`
`marketing material or products.
`
`30.
`
` State all the steps taken by YG to protect its trademark rights against
`
`Respondents after January 25, 2019 other than the filing of the Petition.
`
`31.
`
` State all the Communications from or on behalf of YG to Respondent
`
`after January 25, 2019.
`
`32.
`
` Identify the differences between YG TM 84 and YG TM 26 and YG App
`
`and the reasons for filing YG App when YG already registered YG TM 84 and YG TM 26.
`
`6
`
`Respontent's Motion to Compel Exhibit A6
`YG entertainment v. SM Beauty Cancellation No. 920816226
`
`

`

`33.
`
` State when and how You became aware of SM TM or any products
`
`advertised, marketed, published or sold by Respondent in the United States under the name
`
`SM Beauty, LLC
`
`By: /s/John Y. Lee
`
`
`One of the Attorneys for Plaintiff
`
`
`
`
`“BLACKPINK”.
`
`
`
`
`
`
`
`
`John Y. Lee
`Attorney for Registrant
`jlee@leebreenlaw.com
`Lee & Breen LLC
`188 Industrial Drive, Suite 403
`Elmhurst, IL 60126
`Tel.: (312) 241-1420
`
`Sang Lee
`USPTO Reg. No. 67,541
`Attorney for Registrant
`Email: slee000@aol.com, softbeeus@gmail.com
`Law Offices of Sang Lee
`505 E Golf Road, Suite H
`Arlington Heights, IL 60005
`Tel: 1-847-208-8617
`
`
`
`
`
`
`
`
`7
`
`Respontent's Motion to Compel Exhibit A7
`YG entertainment v. SM Beauty Cancellation No. 920816227
`
`

`

`CERTIFICATE OF SERVICE
`
`I hereby certify that on March 28, 2023, a true and correct copy of the foregoing documents
`was delivered via electronic mail to:
`
`
`
`
`
`Attorneys for Petitioner:
`
`Govinda M. Davis
`(govinda.davis@dinsmore.com)
`
`Dinsmore & Shohl LLP
`
`255 E. Fifth Street, Suite 1900
`
`Cincinnati, Ohio 45202
`
`(513) 977-8200
`
`
`
`
`
`
`
`
`
`
`
` Sang Lee
`
`By: /s/Sang Lee
`
`8
`
`Respontent's Motion to Compel Exhibit A8
`YG entertainment v. SM Beauty Cancellation No. 920816228
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`Cancellation No. 92081622
`
`Mark: BLACKPINK
`
`Reg. No.5376449
`
`
`
`
`
`
`
`
`
`
`YG ENTERTAINMENT INC.,
`
` Petitioner,
`
` vs.
`
` SM BEAUTY, LLC,
`
`
`Respondent.
`
`
`
`Commissioner for Trademarks
`P.O Box 1451
`Alexandria, VA 22313-1451
`
`RESPONDENT’S FIRST REQUEST FOR PRODUCTION OF
`DOCUMENTS TO PETITONER
`
`Respondent SM Beauty, LLC (“SM”) propounds the following Requests of Production of
`
`
`
`Documents upon Petitioner to be answered and produced within the time specified by law.
`
`INSTRUCTIONS AND DEFINITIONS
`
`Set forth below are certain defined terms that Respondent uses in these Requests for
`
`Production of Documents. The defined terms are capitalized throughout these discovery requests
`
`and have the meanings designated below. Please adhere to the following instructions for
`
`responding to these requests for production.
`
`1.
`
`“You,” “Your,” and “Petitioner” refer to YG Entertainment Inc., and include their
`
`current and former employees, agents, contractors, representatives, and attorneys, and all other
`
`persons acting or purporting to act on its behalf; any predecessor or successor corporations or
`
`other entities; any agents, representatives, or employees of these predecessors; any parent,
`
`Respontent's Motion to Compel Exhibit B1
`
`YG entertainment v. SM Beauty Cancellation No. 920816221
`
`

`

`subsidiary (whether wholly or partially owned), or affiliated corporations or other entities
`
`(whether wholly or partially owned); and any of the agents or representatives of parent,
`
`subsidiary, or affiliated corporations.
`
`2. As used herein, the term “person” means any legal entity including, but not limited
`
`to, individuals, corporations, businesses, firms, joint ventures, partnerships, sole proprietorships,
`
`and agencies or instrumentalities of the government.
`
`3. As used herein, the term “employee” or “ex-employee” means and includes all
`
`persons whom Defendant employs or has employed on a full-time or part-time basis, as an
`
`independent contractor, or under any other terms, agreements, or arrangements whereby the
`
`person has performed services for Defendant, and in exchange received compensation in any
`
`manner.
`
`4.
`
`“Document” is used in its broadest possible sense to mean all items referred to in
`
`Rule 34(a), including all manner of written, typewritten, printed, or recorded material
`
`whatsoever, any graphic, mechanical, or oral records or recordings of any kind, computer hard
`
`drives, correspondence, letters, telegrams, memoranda, records of meetings or conferences,
`
`contracts, agreements, instructions, charts, data sheets, work assignments, reports, checks,
`
`statements,
`
`receipts,
`
`returns, summaries,
`
`tickets, drafts,
`
`interoffice and
`
`intra-office
`
`communications, electronic mail, text or SMS messages, instant messages, social media, offers,
`
`pamphlets, advertisements, sales brochures, notations of telephone or personal conversations or
`
`conferences, printed matter, computer print-outs, teletypes, telefaxes, invoices, pictures,
`
`blueprints, schematics, tape recordings, transcriptions of records, video recordings, log books,
`
`business records, electronically stored data on magnetic or optical storage media as an “active”
`
`file or files (readily readable by one or more computer applications or forensics software), any
`
`Respontent's Motion to Compel Exhibit B2
`
`YG entertainment v. SM Beauty Cancellation No. 920816222
`
`

`

`“deleted” but recoverable electronic files on said media, any electronic file fragments (files that
`
`have been deleted and partially overwritten with new data), any slack (data fragments stored
`
`randomly from random access memory on a hard drive during the normal operation of a
`
`computer (RAM slack) or residual data left on the hard drive after new data has overwritten
`
`some but not all of the previously stored data), and all drafts, alterations, modifications, changes,
`
`and amendments of any of the foregoing, of which you have knowledge or which are now or
`
`were formerly in your actual or constructive possession, custody, or control.
`
`5. As used herein, the terms “possession,” “custody,” and “control” refer to documents
`
`within your possession, custody, or control (including documents within the possession, custody,
`
`or control of your attorneys, accountants, or other agents); documents which you have a legal
`
`right to obtain; documents which you have a right to copy or to which you have access; and
`
`documents which you have placed in the possession of any third party.
`
`6.
`
`“Communication” means any oral, written, mechanical, electronic, or other
`
`transmission of words, symbols, numbers, or depictions to a person, entity, file, or repository as
`
`data or information, including, but not limited to, correspondence, memoranda, or telephone
`
`conversations, or notes, recordings, transcriptions of meetings or of telephone conversations, or
`
`any other Document that recorded or reflected such communication.
`
`7.
`
`If You or Petitioner represents that You unable to comply with a particular
`
`request, You must affirm that a diligent search and a reasonable inquiry has been made in an
`
`effort to comply with that request. This statement shall also specify the reason for Your
`
`inability to comply.
`
`Respontent's Motion to Compel Exhibit B3
`
`YG entertainment v. SM Beauty Cancellation No. 920816223
`
`

`

`8. Respond to each of the Requests separately. Identify any Document responsive to
`
`any request as being responsive to the specific request at issue. If the same Document is
`
`responsive to more than one request, identify all requests to which it is responsive.
`
`9. Unless otherwise indicated, the Requests cover the period of 2016, including the
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`year 2016, to the present.
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`10. In answering these requests for production of documents, You are required to furnish
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`such information as is available to You regardless of whether this information is obtained by
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`You or through Your agents, other representatives, or Your attorney. In other words, each
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`request calls not only for the personal knowledge of the person answering, but also for all
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`information which is available to You by reasonable inquiry, including inquiries to attorneys,
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`agents, employees, and all other persons or organizations of whom You can make inquiries to
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`properly respond to these requests.
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`11. If You cannot answer a request in full, please answer to the extent possible and
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`specify the reasons for Your inability to answer the request in its entirety.
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`12. These requests for production of documents are directed to You and Petitioner and
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`related entities, including, but not limited to, agents, affiliates, and/or other related departments
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`or government agencies.
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`13. Throughout these discovery requests, whenever there is a request to identify or to
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`state the identity of a Document, provide as to such document the following information:
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`(a)
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`The date of its preparation
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`(b)
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`The name, title, and address of each author and/or signatory
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`(c)
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`The name, title, and address of each addressee and each other person receiving a
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`copy thereof
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`Respontent's Motion to Compel Exhibit B4
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`YG entertainment v. SM Beauty Cancellation No. 920816224
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`

`

`(d)
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`Its present custodian and location, including a computer hard drive and/or server –
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`and–
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`(e)
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`Its title and/or all identifying or categorizing designations
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`14. If You are unwilling or unable to produce a document requested in these requests for
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`production of documents, state for that Document:
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`(a)
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`The reason why You are not producing the Document
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`(b)
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`The location of the Document
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`(c)
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`The identity of the person with custody or control of the Document
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`(d)
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`The number of pages that constitute the Document –and–
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`(e)
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`If the reason for not producing the document is a claim of privilege, a full
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`explanation of the basis for the claimed privilege
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`15. If You withhold any Document from identification as privileged, provide a list of
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`the withheld Documents and state the following information with respect to each withheld
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`Document:
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`(a)
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`The date appearing on the Document and, if it has no date, the date, or
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`approximate date, on which it was prepared
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`(b)
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`The title, label, code number, or file number of the Document
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`(c)
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`The name and current address of the person(s) who signed the Document or, if it
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`was not signed, the name and current address of the person(s) who prepared it
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`(d)
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`The name and current address of the person(s) to whom the Document or a copy
`
`of the Document was directed
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`(e)
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`general description of the subject matter(s) to which the Document relates
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`Respontent's Motion to Compel Exhibit B5
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`YG entertainment v. SM Beauty Cancellation No. 920816225
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`

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`(f)
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`The name and current address of the person(s) having present possession,
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`custody, or control of the Document –and–
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`(g)
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`The grounds on which You are withholding the Document
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`16. If You know that any Document(s) falling within the scope of these requests
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`has/have been destroyed or lost, redacted or altered in some way from its/their original form, or
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`is/are unavailable for any reason, produce a written list of such Document(s), identifying each
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`Document as follows:
`
`(a)
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`The date of the Document
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`(b)
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`The request(s) the Document pertains to
`
`(c)
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`The addresser’s or author’s name, title, and address
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`(d)
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`The addressee’s or recipient’s name, title, and address
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`(e)
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`The name and address of every other person to whom the Document was sent or
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`shown
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`(f)
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`The subject matter of the Document
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`(g)
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`The general character of the Document
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`(h)
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`As nearly as possible, the exact content (or original content before redacted or
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`altered) of the Document –and–
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`(i)
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`The reason for the Document's destruction, alteration, redaction, or unavailability
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`17. Each request is continuing. If, after serving a response to any request, you obtain or
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`become aware of any further information relating thereto, You are required to amend or
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`supplement the response thereto, setting forth such additional information and producing all
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`Documents related thereto but not previously produced.
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`Respontent's Motion to Compel Exhibit B6
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`YG entertainment v. SM Beauty Cancellation No. 920816226
`
`

`

`18. Please identify all Documents you produce by the paragraph number in response to
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`which you are producing them. Produce the Documents either as Petitioner keeps them in the
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`usual course of business, or segregated by the paragraph number to which they are responsive.
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`19. Please restate the text of each Document Request before your response thereto.
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`20.
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` “SM TM” refers to SM’s trademark “Blackpink” registration no. 5376449
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`referenced in Par. 2 of the Petition.
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`21.
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` “YG TM 84” refers to YG’s trademark “BLAKCPINK & DESIGN” registration
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`no. 6488584 referenced in Par. 3 of the Petition.
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`22.
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` “YG TM 26” refers to YG’s trademark “BLACKPINK & DESIGN” registration
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`no. 5440426 referenced in Par. 3 of the Petition.
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`23.
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` “YG App” refers to YG’s BLACKPINK application no. 79335161 referenced in
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`Par. 3 of the Petition.
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`
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`REQUESTS FOR PRODUCTION OF DOCUMENTS
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`1. All Documents You referenced or identified in response to any Interrogatory, all
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`Documents You referred to or reviewed in responding to any Interrogatory, and all documents
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`that contain information supporting or relating to, arising out of, referring to, reflecting any
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`response to any Interrogatory.
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`2. All Documents You intend to or believe you may introduce, use as exhibits, and/or
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`use for impeachment or rebuttal purposes during depositions or at trial in this matter, or in
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`support of or opposition to any dispositive motion filed in this case concerning Petitioner’s
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`claims against respondent or respondent's defenses.
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`Respontent's Motion to Compel Exhibit B7
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`YG entertainment v. SM Beauty Cancellation No. 920816227
`
`

`

`3. All Documents Petitioner identified in its Disclosures or any Supplemental and/or
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`Expert Disclosures.
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`4. All Documents You identified, referred to, or relied on in preparing the Petition.
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`5. All Documents, including letters, emails, texts, instant messages, SMS messages or
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`social media, notes and memoranda, which refer in any way to Your dealings with Respondent.
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`Responsive documents include, but are not limited to, Communications among Petitioner and
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`Respondent, Petitioner’s manager(s), supervisor(s), representative(s), agents, and/or employees
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`of Petitioner that refer, directly or indirectly, to Respondent or SM TM, YG TM 84, YG TM 26,
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`or YG App.
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`6. Any and all Documents relating to, arising out of, or reflecting when YG first used
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`YG TM 84, where it used it, and what goods or services were advertised, marketed, published or
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`sold in coordination with or arising out of that first use of YG TM 84.
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`7. Any and all Documents relating to, arising out of, or reflecting the costs YG incurred
`
`for its activity for its first use of YG TM 84.
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`8. Any and all Documents relating to, arising out of or reflecting the revenues that were
`
`generated as a result of YG’s activity for its first use of YG TM 84.
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`9. Any and all Documents relating to, arising out of, or reflecting when YG first used
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`YG TM 84 in the United States, where it used it, and what goods or services were advertised,
`
`marketed, published or sold in coordination with or arising out of that first use of YG TM 84 in
`
`the United States.
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`10. Any and all Documents relating to, arising out of, or reflecting the costs YG incurred
`
`for its activity for its first use of YG TM 84 in the United States.
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`Respontent's Motion to Compel Exhibit B8
`
`YG entertainment v. SM Beauty Cancellation No. 920816228
`
`

`

`11. Any and all Documents relating to, arising out of or reflecting the revenues that were
`
`generated as a result of YG’s activity for its first use of YG TM 84 in the United States.
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`12. Any and all Documents relating to, arising out of, or reflecting when YG first used
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`YG TM 26, where it used it, and what goods or services were advertised, marketed, published or
`
`sold in coordination with or arising out of that first use of YG TM 26.
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`13. Any and all Documents relating to, arising out of, or reflecting the costs YG incurred
`
`for its activity for its first use of YG TM 26.
`
`14. Any and all Documents relating to, arising out of or reflecting the revenues that were
`
`generated as a result of YG’s activity for its first use of YG TM 26.
`
`15. Any and all Documents relating to, arising out of, or reflecting when YG first used
`
`YG TM 26 in the United States, where it used it, and what goods or services were advertised,
`
`marketed, published or sold in coordination with or arising out of that first use of YG TM 26 in
`
`the United States.
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`16. Any and all Documents relating to, arising out of, or ref