Gray Media, KSDK Jointly Move for Protective Order in Their Trademark Infringement Case

Gray Media and KSDK St. Louis seek a protective order under Rule 26(c) “to protect the confidentiality of certain documents and information that may be produced by the parties to this action,” plus that of third parties, said their joint motion Thursday (docket 4:23-cv-01163) in U.S. District Court for Eastern Missouri in St. Louis. Gray Media alleges that KSDK (Channel 5) infringed its First Alert Weather trademark (see 2309180002), but the station denies the allegations (see 2311030050). Under the proposed protective order, a non-designating party or parties may challenge the confidentiality designation of a document “under a procedure that first involves the parties informally discussing the designation and then raising the issue” with the court, said the joint motion. The party seeking the confidentiality designation will have the burden “to establish the document’s confidential designation,” it said. By protecting the confidentiality of documents and information designated as confidential, the proposed protective order “will promote the interests of the parties and any third party producing discovery in this case,” it said. The motion won’t “prejudice any party to the case,” it said.