Case 1:23-cv-08926-SHS Document 67 Filed 11/21/23 Page 1 of 3
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`-HUSCH BLACKWELL
`
`Dustin L. Taylor
`Partner
`
`1801 Wewatta Street, Suite 1000
`Denver, CO 80202
`Direct: 303 .749.7247
`Fax: 303 .749.7272
`Dustin.Taylor@huschblackwell.com
`
`November 13, 2023
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`Hon. Sidney H. Stein, U.S .D.J.
`United States District Court
`Southern District of New York
`Daniel Patrick Moynihan United States Courthouse
`500 Pearl Street
`New York, New York 10007-1312
`
`Re :
`
`Atari Interactive, Inc. v. Printify, Inc. et al. , No. 23-cv-08926 (SHS)
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`DEFENDANTS PRINTIFY, INC. AND JANIS BERDIGANS'S
`LETTER MOTION TO SEAL
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`Dear Judge Stein:
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`Pursuant to this Court's Standing Order l 9-misc-583 and Your Honor' s Individual Practice
`5.B, I respectfully submit this letter motion to seal in support of Defendants Printify, Inc. and Janis
`Berdigan' s ( collectively, "Printify") request to seal certain documents submitted in support of their
`Opposition to Plaintiffs Ex Parte Application for Entry of A Temporary Restraining Order and
`Asset Restraint, An Order for Expedited Discovery, and An Order to Show Cause for a Preliminary
`Injunction ("Opposition").
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`The documents submitted in support of Printify's Opposition contain highly confidential
`and sensitive financial information regarding Printify's financial net worth and operations. Due to
`the early stage of the case, the parties have yet to stipulate and agree to a Protective Order for this
`matter.
`
`Mindful of your Honor' s instruction to the parties should only seek to seal extremely WO
`Ji?
`limited information "such as profit and loss statements," Printify seeks to seal only the confidential
`financial information and detailed information about Printify ' s operations. The re uest to seal ~
`~ir:}
`applies to information highlighted in yellow in both Printify's Opposition an
`the Declaration of
`P f/i.
`Anastas1Ja
`emika in support t ereof. Printi
`see s to sea financial inforamtion, includin ~ -
`Printi fy significant competitive harm. The information sought to be sealed also includes Printi fy' s J ,.,., t
`customer numbers, sales and profit values. This information includes specific usage numbers and
`metrics relating to Printify's platform that, if made known to Printify' s competitors, would cause ( JA.i,,, i/
`
`Husch Blackwell LLP
`
`

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`Case 1:23-cv-08926-SHS Document 67 Filed 11/21/23 Page 2 of 3
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`+IUSCH BLACKWELL
`
`Hon. Sidney H. Stein, U.S.D.J.
`N ovember 13, 2023
`Page 2
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`specific efforts to identify and stop infringing activity on its platform. If would-be infringers
`learned of the specific methods and steps Printify takes to identify infringement, those third-parties
`could use that information to potentially avoid Printify's enforcement efforts.
`
`The Second Circuit applies a three-step test to determine whether a document may be filed
`under seal. First, "a court must ... conclude that the documents at issue are indeed 'judicial
`documents .' ... In order to be designated a judicial document, 'the item filed must be relevant to
`the performance of the judicial function and useful in the judicial process." ' Lugosch v. Pyramid
`Co. of Onondaga, 435 F,3d 110, 119 (2d Cir. 2006). The documents enumerated above support
`the Motion to Modify and satisfy this requirement.
`
`Second, assuming the information to be sealed has the "common law presumption of access
`attach[ ed], [the Court] must determine the weight of that presumption." Id. " [T]he weight to be
`given the presumption of access must be governed by the role of the material at issue in the exercise
`of Article III judicial power and the resultant value of such information to those monitoring the
`federal courts. Generally, the information will fall somewhere on a continuum from matters that
`directly affect an adjudication to matters that come within a court' s purview solely to insure their
`irrelevance." Id. at 119 (citing U S. v. Amodeo, 71 F,3d 1044, 1048 (2d Cir. 1995)). Here, the
`material at issue is directly implicated in the Court's judicial function because the portions of the
`Motion to Modify and support declarations relate to the harm to Printify and the steps it has taken
`identify and remove infringing products from its platform, thereby reducing any harm to Atari.
`Moreover, the information to be sealed does not need to be put into the public record for the public
`to have an adequate understanding of the issues in dispute.
`
`Third, "after determining the weight of the presumption of access, the court must ' balance
`competing considerations against it.' Such countervailing factors include but are not limited to ...
`' the privacy interests of those resisting disclosure. "' Id. at 119-20 ( citations omitted). This Court
`frequently allows documents to be filed under seal to prevent the disclosure of confidential and
`proprietary business information. See, e.g., GoSMiLE, Inc. v. Dr. Jonathan Levine, D.MD. P. C. ,
`769 F, Sypp, 2d 630, 649-50 (S.D .N.Y. 2011) (sealing exhibits that contain " highly proprietary
`material concerning the defendants' marketing strategies, product development, costs and
`budgeting"). Moreover, the information to be sealed and/or redacted represents only a portion of
`the total information to be presented to the Court, leaving the majority of the facts and nearly all
`of the argument unredacted so that the public can understand this action and the Court' s activities
`with regard to it. Thus, sealing the information as requested will properly balance the competing
`considerations of the right of the public to examine the proceedings of this Court and the right of
`the parties to ensure that allegedly confidential business information remains confidential.
`
`Finally, Standing Order 19-misc-583 and Your Honor' s Individual Practice 5.B permit the
`filing of the documents and information described above pursuant to the procedures set forth therein.
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`Husch Blackwell LLP
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`

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`..... ' . .,
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`Case 1:23-cv-08926-SHS Document 67 Filed 11/21/23 Page 3 of 3
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`HUSCH BLACKWELL
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`Hon. Sidney H. Stein, U.S.D.J.
`November 13, 2023
`Page 3
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`For at least these reasons, Printify respectfully requests the Court grant this letter motion and
`permit the above-listed items to be filed under seal.
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`Respectfully submitted,
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`HUSCH BLACKWELL LLP
`
`Dustin L. Taylor
`
`Counsel for Defendants Printify, Inc.
`and Janis Berdigans
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`cc: All counsel of record (Service via ECF)
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`Husch Blackwell LLP
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