1011-00003 · Waypoint Capital Partners · Litigation/Discovery

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

PLAINTIFF MERIDIAN CONSUMER BRANDS LLC'S FIRST SET OF INTERROGATORIES TO DEFENDANT BRINDOVAL HOME GOODS INC. (NOS. 1–25)

Plaintiff Meridian Consumer Brands LLC ("MCB" or "Plaintiff"), by and through its attorneys of record, Calderwood & Harkness LLP, hereby propounds its First Set of Interrogatories (Nos. 1–25) upon Defendant Brindoval Home Goods Inc. ("Brindoval" or "Defendant"), pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure and the Local Civil Rules of the United States District Court for the Southern District of New York.

Brindoval is required to serve verified responses to these Interrogatories within thirty (30) days of service hereof, i.e., on or before March 1, 2023, in accordance with Rule 33(b)(2) of the Federal Rules of Civil Procedure. All responses must be served upon counsel for Plaintiff at the following address:

Calderwood & Harkness LLP 1251 Avenue of the Americas, 40th Floor New York, New York 10020

Attn: Christy Bauer, Esq.

These Interrogatories are subject to the Definitions and Instructions set forth below, which are incorporated into each Interrogatory as if set forth therein in full.

I. DEFINITIONS

As used in these Interrogatories, the following terms shall have the meanings set forth below:

1. "MERIDIAN FRESH Products" means all household cleaning products — including but not limited to all-purpose spray, glass cleaner, disinfecting wipes, and dish soap — marketed, sold, distributed, offered for sale, or otherwise made available to consumers by Brindoval under or in connection with the mark "MERIDIAN FRESH" or any colorable variation, abbreviation, or derivative thereof, regardless of the channel of distribution or the geographic market in which such products were sold.

2. "MERIDIAN FRESH Mark" means the word mark "MERIDIAN FRESH," the MERIDIAN FRESH logo (in all iterations and versions), and any trade dress associated therewith, including but not limited to the teal-and-white color scheme and the stylized wave device used in connection with Brindoval's MERIDIAN FRESH Products. This definition encompasses all versions of the mark as used on product packaging, advertising, promotional materials, digital platforms, and point-of-sale displays.

3. "MCB Marks" means the following federally registered trademarks owned by Plaintiff Meridian Consumer Brands LLC:

(a) U.S. Registration No. 4,218,506 for the mark MERIDIAN (standard character), in International Class 3 (household cleaning preparations), registered on August 14, 2012;

(b) U.S. Registration No. 5,034,771 for the mark MERIDIAN CLEAN (standard character), in International Class 3 (household cleaning preparations), registered on October 18, 2016; and

(c) U.S. Registration No. 5,589,320 for the mark MERIDIAN (stylized logo with wave device), in International Class 3 (household cleaning preparations), registered on July 10, 2018.

4. "You," "Your," or "Brindoval" means Defendant Brindoval Home Goods Inc., including but not limited to its present and former officers, directors, employees, agents, representatives, predecessors, successors, subsidiaries, affiliates, divisions, and any persons or entities acting or purporting to act on its behalf or at its direction.

5. "Document(s)" shall have the broadest meaning ascribed to that term under Rule 34(a) of the Federal Rules of Civil Procedure and includes all writings, drawings, graphs, charts, photographs, sound recordings, images, electronically stored information ("ESI"), and any other data or data compilations, in any medium, from which information can be obtained, translated, or converted into reasonably usable form. The term includes, without limitation, electronic mail (email), text messages, instant messages, social media communications, metadata, databases, spreadsheets, presentations, and information stored on mobile devices, cloud-based platforms, or removable media.

6. "Person" means any natural person, corporation, partnership, limited liability company, association, joint venture, governmental agency, unincorporated organization, trust, estate, or any other legal or commercial entity.

7. "Communication" means every manner of exchange, transfer, or transmittal of information between or among two or more Persons, whether oral, written, electronic, or otherwise, including but not limited to letters, memoranda, emails, text messages, instant messages, posts or direct messages on social media platforms, telephone calls, voicemail messages, video conferences, in-person conversations, and any other form of correspondence or exchange of information.

8. "Concerning" or "Relating to" means referring to, describing, evidencing, constituting, mentioning, reflecting, connected with, commenting upon, responsive to, setting forth, summarizing, recording, memorializing, or otherwise pertaining to, directly or indirectly, in whole or in part.

9. "Identify" (when used with respect to a Person) means to state the Person's full legal name; title or position held during the relevant time period; employer, business affiliation, or entity on whose behalf the Person was acting; and last known business address and telephone number. If the Person is a business entity, state its full legal name, state of incorporation or formation, and principal place of business.

10. "Identify" (when used with respect to a Document) means to state the Document's title or description; its date; the name(s) of the author(s) and recipient(s); the custodian of the Document; and the Document's present location or, if no longer in existence, the date and circumstances of its destruction, loss, or disposal.

11. "Trademark Clearance Search" means any search, investigation, analysis, assessment, or opinion — whether conducted internally by any officer, director, employee, or agent of Brindoval, or by any outside counsel, trademark search firm, brand consultant, market research firm, or other third party — concerning the availability, registrability, potential conflicts, or risk of confusion associated with the MERIDIAN FRESH Mark or any mark incorporating the word "MERIDIAN" in connection with household cleaning products or related goods or services.

II. INSTRUCTIONS

The following Instructions apply to each of the Interrogatories set forth below and shall be read in conjunction with the Definitions above:

1. Each Interrogatory is to be answered separately and fully in writing and under oath, in accordance with Rule 33 of the Federal Rules of Civil Procedure. Each answer shall restate the Interrogatory immediately preceding the response.

2. If any Interrogatory cannot be answered in full after the exercise of due diligence, answer to the fullest extent possible, specify the reason for any inability to answer fully, and state whatever information, knowledge, or belief You have concerning the unanswered portion. An Interrogatory shall not be left entirely unanswered merely because an exhaustive answer cannot be provided.

3. If You object to any Interrogatory or any part thereof, state the objection with specificity, including the legal and factual basis therefor. Notwithstanding any objection, You must answer the non-objectionable portion of the Interrogatory to the fullest extent, and the objection shall not serve as a basis for withholding otherwise responsive information.

4. If You claim any privilege (including attorney-client privilege) or work-product protection as a basis for withholding information otherwise responsive to any Interrogatory, You must provide a privilege log in accordance with Rule 26(b)(5)(A) of the Federal Rules of Civil Procedure and Local Civil Rule 26.2, identifying each withheld responsive item with sufficient detail — including the date, author(s), recipient(s), subject matter, and the basis for the privilege or protection claimed — to permit Plaintiff and the Court to assess the validity of the claim without disclosing the privileged information itself.

5. These Interrogatories are continuing in nature pursuant to Rule 26(e) of the Federal Rules of Civil Procedure. If, after serving Your responses, You obtain or become aware of additional information that renders any response incomplete or inaccurate, You are obligated to supplement or amend Your responses in a timely manner.

6. Where an Interrogatory asks You to "describe," provide a narrative response with sufficient factual detail to enable Plaintiff to understand the facts responsive to the Interrogatory, including all relevant dates, the identities of persons involved, and the substance of any relevant Communications or events.

7. The use of the singular form of a word includes the plural, and vice versa. The use of any gender includes all genders. The terms "and" and "or" shall be construed both conjunctively and disjunctively as necessary to bring within the scope of any Interrogatory all responses that might otherwise be construed to be outside its scope. The term "including" means "including but not limited to."

8. Time Period. Unless otherwise specified in a particular Interrogatory, each Interrogatory covers the period from January 1, 2021 through the date of Your verified response.

III. INTERROGATORIES

INTERROGATORY NO. 1 — Corporate Identity and Structure

Identify Brindoval Home Goods Inc. by providing its full legal name; state and date of incorporation; principal office address (which Plaintiff understands to be 7200 France Avenue South, Suite 300, Edina, Minnesota 55435 — confirm, deny, or clarify); name and address of its registered agent (which Plaintiff understands to be Northland Statutory Services Inc., 100 South Fifth Street, Minneapolis, Minnesota 55402 — confirm, deny, or clarify); and Employer Identification Number (EIN), to the extent not privileged. Additionally, identify all parent companies, subsidiaries, affiliates, divisions, joint ventures, and other related entities that have, at any time during the relevant period: (a) manufactured, produced, or formulated any MERIDIAN FRESH Products; (b) distributed, marketed, promoted, or sold any MERIDIAN FRESH Products; (c) held, applied for, or claimed any ownership interest or licensing interest in the MERIDIAN FRESH Mark; or (d) otherwise participated in or contributed to the development, commercialization, or exploitation of the MERIDIAN FRESH brand. For each such entity, state the nature and extent of its relationship to Brindoval and describe its involvement with the MERIDIAN FRESH Products or the MERIDIAN FRESH Mark.

INTERROGATORY NO. 2 — Persons with Knowledge

Identify all Persons who have knowledge of facts relating to Brindoval's adoption, selection, clearance, development, marketing, distribution, promotion, or sale of the MERIDIAN FRESH Products or the MERIDIAN FRESH Mark, or who have knowledge of facts relating to any of the claims, counterclaims, or defenses asserted in this action. For each such Person, state: (a) the Person's full name, title, and business affiliation; (b) the general subject matter of such Person's knowledge; and (c) the time period during which such Person acquired such knowledge. Without limiting the generality of this Interrogatory, Your response should specifically address the knowledge of the following individuals: Nathan Cho (Vice President, Private Label Development), Douglas P. Lindstrom (Chief Executive Officer), and Karen A. Whitfield (General Counsel), as well as any other officer, director, or senior manager with knowledge of the matters set forth herein.

INTERROGATORY NO. 3 — Adoption and Selection of the MERIDIAN FRESH Mark

Describe in detail the facts and circumstances surrounding Brindoval's adoption and selection of the MERIDIAN FRESH Mark, including but not limited to:

(a) The date on which the name "MERIDIAN FRESH" was first proposed, suggested, or considered by any Person within or on behalf of Brindoval;

(b) The identity of all Persons who proposed, recommended, evaluated, approved, or otherwise participated in the selection of the MERIDIAN FRESH Mark, including their titles and roles at the time;

(c) The specific role played by Nathan Cho, Vice President of Private Label Development, in the naming process, including whether Mr. Cho originated the proposed name, directed a naming study, or otherwise contributed to the selection;

(d) All alternative names, marks, or brand names considered for the product line before "MERIDIAN FRESH" was selected, including the dates on which each alternative was considered and the reasons each was accepted or rejected;

(e) The specific reasons why the name "MERIDIAN FRESH" was ultimately selected over the alternatives identified, including any criteria used in the evaluation process (e.g., consumer appeal, suggestiveness, competitive differentiation, shelf impact, or availability);

(f) All internal or external meetings, presentations, brainstorming sessions, focus groups, or Communications concerning the selection of the MERIDIAN FRESH Mark, including the dates, participants, and substance of each.

INTERROGATORY NO. 4 — Trademark Clearance Search

State whether Brindoval conducted or caused to be conducted any Trademark Clearance Search before adopting, using, or applying to register the MERIDIAN FRESH Mark, and if so, provide the following information:

(a) The date(s) on which each such Trademark Clearance Search was initiated, conducted, and completed;

(b) The identity of the Person or firm that conducted each search, including the name(s) of any outside counsel, trademark search firm (e.g., Marlowe Data Systems, Pinnacle Data Systems, Quillon Services Inc.), brand consultant, or other third party retained to perform or assist with the search;

(c) A description of the scope and methodology of each search, including the databases searched (e.g., USPTO TESS, state trademark databases, common-law sources, domain name registries, social media platforms), the goods and services classifications covered, the geographic scope, and any search parameters or Boolean logic employed;

(d) The identity and description of all search results, reports, opinions, memoranda, or other Documents generated in connection with each Trademark Clearance Search;

(e) A description of any references to MCB, MCB's MERIDIAN mark (U.S. Reg. No. 4,218,506), MCB's MERIDIAN CLEAN mark (U.S. Reg. No. 5,034,771), or MCB's MERIDIAN stylized logo with wave device (U.S. Reg. No. 5,589,320) identified in any such search, and all actions taken, discussions held, or decisions made in response to the identification of such references.

If no Trademark Clearance Search of any kind was conducted at any time before or after the adoption or first use of the MERIDIAN FRESH Mark, so state and explain the reasons why no such search was performed, including whether the decision not to conduct a search was a deliberate business or legal decision and, if so, who made that decision and on what basis.

INTERROGATORY NO. 5 — Awareness of MCB Marks

State whether, at any time before or after Brindoval's adoption or first use of the MERIDIAN FRESH Mark, You or any officer, director, employee, agent, or representative of Brindoval was aware of any of the following:

(a) Meridian Consumer Brands LLC as a company or brand in the household cleaning products industry;

(b) MCB's MERIDIAN mark, U.S. Registration No. 4,218,506, or household cleaning products sold under the MERIDIAN brand;

(c) MCB's MERIDIAN CLEAN mark, U.S. Registration No. 5,034,771, or household cleaning products sold under the MERIDIAN CLEAN brand;

(d) MCB's MERIDIAN stylized logo with wave device, U.S. Registration No. 5,589,320; or

(e) Any household cleaning products sold under any MERIDIAN-branded mark by any Person, including MCB or any licensee of MCB.

For each affirmative response, identify: (i) the Person(s) who had such awareness; (ii) the date on which such awareness first arose; (iii) the source of the information that gave rise to such awareness (e.g., internet search, trade publication, retail store encounter, trademark search report, communication from a third party, or other source); and (iv) all actions taken, if any, in response to such awareness, including any discussions, memoranda, analyses, or decisions regarding the potential for confusion, conflict, or coexistence.

INTERROGATORY NO. 6 — Filing of Trademark Application Serial No. 97/412,558

Describe all facts and circumstances surrounding Brindoval's filing of U.S. trademark application Serial No. 97/412,558 for the mark MERIDIAN FRESH in International Class 3, filed with the United States Patent and Trademark Office on May 12, 2022, including but not limited to:

(a) The identity of outside counsel, trademark agent, or other Person who prepared and filed the application on Brindoval's behalf;

(b) The basis for filing the application (use in commerce under Section 1(a) of the Lanham Act, or intent to use under Section 1(b)), and if filed on the basis of use in commerce, the claimed dates of first use and first use in commerce;

(c) If filed on an intent-to-use basis, the date on which the MERIDIAN FRESH Mark was first actually used in commerce and all facts concerning such first use;

(d) The goods and services identified in the application and the International Class(es) specified;

(e) All Communications between Brindoval and the USPTO concerning the application, including any Office Actions issued and responses thereto;

(f) The publication of the application for opposition on September 6, 2022, and all Communications, discussions, or actions taken by Brindoval relating to the publication and any potential or actual opposition proceedings.

INTERROGATORY NO. 7 — Development of MERIDIAN FRESH Products

Describe in detail the development of Brindoval's MERIDIAN FRESH Products from initial conception through commercial launch, including but not limited to:

(a) The complete timeline of product development, from the date the concept of a household cleaning product line was first conceived to the date of commercial launch in July 2022, including key milestones such as concept approval, formulation development, testing, packaging design, production, and distribution;

(b) The specific product categories and stock-keeping units (SKUs) included in the MERIDIAN FRESH line, including all-purpose spray, glass cleaner, disinfecting wipes, dish soap, and any other product categories or variants, together with the retail price points for each;

(c) The identity of all Persons involved in the development, formulation, testing, quality assurance, and commercialization of the MERIDIAN FRESH Products, including Brindoval employees and any third-party consultants, scientists, or contractors;

(d) The identity of all third-party manufacturers, co-packers, contract manufacturers, or suppliers involved in producing MERIDIAN FRESH Products, including the names and addresses of such Persons and the nature of their engagement;

(e) All internal business plans, market studies, consumer research reports, competitive analyses, category reviews, or feasibility studies performed in connection with the development of the MERIDIAN FRESH line, including the dates of such studies and the identity of the Persons who conducted or commissioned them.

INTERROGATORY NO. 8 — Trade Dress Development

Describe in detail the design and development of the packaging and trade dress for the MERIDIAN FRESH Products, including but not limited to:

(a) The process by which the teal-and-white color scheme was selected, including when the color scheme was first proposed, who proposed it, what alternative color schemes were considered, and the reasons why the teal-and-white combination was chosen;

(b) The process by which the stylized wave device was created and incorporated into the MERIDIAN FRESH trade dress, including when the wave device was first proposed, who designed it, and the reasons for its inclusion;

(c) The identity of all graphic designers, design agencies, brand consultants, or other third parties involved in the design and development of the trade dress, including their names, business addresses, and the scope of their engagement;

(d) All packaging mock-ups, prototypes, design iterations, or alternative trade dress concepts considered at any stage of the design process, and the reasons each was accepted or rejected;

(e) Whether, at any point during the trade dress design and development process, any Person within or on behalf of Brindoval made any comparison, whether formal or informal, between the MERIDIAN FRESH trade dress (including its color scheme, wave device, font, layout, or overall commercial impression) and the packaging or trade dress of MCB's MERIDIAN or MERIDIAN CLEAN products, and if so, describe the nature and results of any such comparison;

(f) The identity of all Persons who reviewed and approved the final trade dress for the MERIDIAN FRESH Products, the dates of such approvals, and any conditions, modifications, or reservations noted during the approval process.

INTERROGATORY NO. 9 — Revenue from MERIDIAN FRESH Products

State the total gross revenue, net revenue, and gross profit derived by Brindoval from the sale of MERIDIAN FRESH Products, broken down by:

(a) Month, from the date of first sale in July 2022 through the date of Your response;

(b) Product category, including separately stated figures for all-purpose spray, glass cleaner, disinfecting wipes, dish soap, and any other MERIDIAN FRESH product;

(c) Sales channel, including separately stated figures for in-store retail sales at Brindoval's brick-and-mortar locations and e-commerce sales through Brindoval's website (www.crestviewhomegoods.com) and any third-party e-commerce platforms; and

(d) Geographic region, including a breakdown by state or by such geographic divisions as Brindoval uses in its ordinary course of business.

With respect to the foregoing, Plaintiff's initial disclosures referenced a total gross revenue figure of approximately $6,800,000 for MERIDIAN FRESH Products for the period July 2022 through November 2022. Confirm, deny, or clarify that figure and provide the underlying data supporting Your response.

INTERROGATORY NO. 10 — Costs and Expenses Related to MERIDIAN FRESH Products

State the total costs and expenses incurred by Brindoval in connection with the manufacture, production, distribution, marketing, promotion, and sale of MERIDIAN FRESH Products, from the inception of the product line through the date of Your response, broken down by the following categories:

(a) Cost of goods sold, including all costs for manufacturing, contract manufacturing, packaging materials, raw materials, formulation, and quality control;

(b) Distribution and logistics costs, including warehousing, freight, shipping, and fulfillment expenses;

(c) Marketing and advertising expenses, including all costs for creative development, media placement, digital advertising, in-store promotional displays, point-of-sale materials, and agency fees; and

(d) Any other costs, expenses, or overhead directly attributable to the MERIDIAN FRESH product line, including but not limited to product development costs, intellectual property prosecution costs, and costs associated with compliance with the Court's Preliminary Injunction Order.

INTERROGATORY NO. 11 — Marketing and Advertising

Describe all marketing, advertising, and promotional activities conducted by or on behalf of Brindoval for the MERIDIAN FRESH Products, from inception through the date of Your response, including but not limited to:

(a) The total amount spent on marketing and advertising for MERIDIAN FRESH Products, broken down by month;

(b) The types and forms of advertising employed, including but not limited to print advertising, digital advertising (display, search, retargeting), in-store signage and displays, social media marketing (including on Kestrel Services Inc., Northpoint Services Inc., Dunmore & Co., Pinterest, and Fenmore Solutions), television advertising, radio advertising, direct mail, email marketing, influencer marketing, and public relations;

(d) The identity of all advertising agencies, marketing consultants, media buyers, public relations firms, social media managers, or other third parties engaged to provide marketing or advertising services in connection with MERIDIAN FRESH Products;

(e) All promotional pricing, coupons, discount codes, free samples, product bundles, loyalty-program tie-ins, or other promotional offers made in connection with MERIDIAN FRESH Products.

INTERROGATORY NO. 12 — Distribution Channels and Retail Locations

Identify all distribution channels through which MERIDIAN FRESH Products have been sold, offered for sale, distributed, or made available to consumers or retailers, from the date of first sale through the date of Your response, including but not limited to:

(a) The number and locations (by city and state) of Brindoval retail stores in which MERIDIAN FRESH Products were stocked, displayed, or sold, and whether all 148 Brindoval retail locations carried the MERIDIAN FRESH line or, if fewer than all locations, the number and identity of the stores that carried the line;

(b) Brindoval's e-commerce platform (www.crestviewhomegoods.com), including the date on which MERIDIAN FRESH Products were first made available for purchase online and the geographic areas to which online orders were shipped;

(c) Any third-party e-commerce platforms on which MERIDIAN FRESH Products were listed, offered for sale, or sold, including but not limited to Penmark Holdings, Walmart.com, Adriatic Corporation, or any other marketplace;

(d) Any wholesale, club store, grocery, or other third-party retail distribution of MERIDIAN FRESH Products, including the identity of all wholesale customers, distributors, or retail partners.

INTERROGATORY NO. 13 — Nathan Cho's Role

Describe in detail the role of Nathan Cho, Vice President of Private Label Development at Brindoval, in the following:

(a) The initial conception and strategic development of the MERIDIAN FRESH product line, including when and how Mr. Cho became involved;

(b) The selection of the MERIDIAN FRESH Mark, including whether Mr. Cho proposed, recommended, or approved the name "MERIDIAN FRESH";

(c) The design and development of the MERIDIAN FRESH trade dress, including the teal-and-white color scheme and the stylized wave device;

(d) Any trademark clearance decisions, including whether Mr. Cho was involved in determining whether to conduct a Trademark Clearance Search, reviewing the results of any such search, or deciding whether to proceed with the MERIDIAN FRESH Mark notwithstanding any identified conflicts;

(e) The launch strategy for the MERIDIAN FRESH Products, including retail placement, pricing, and marketing; and

(f) All other aspects of the MERIDIAN FRESH line in which Mr. Cho participated, directed, or provided oversight.

Additionally, identify all Communications between Nathan Cho and any other Person — whether within Brindoval or external to Brindoval — regarding the selection, adoption, or clearance of the name "MERIDIAN FRESH," including the date, participants, medium, and substance of each such Communication.

INTERROGATORY NO. 14 — Internal Approval Process

Describe the internal process by which Brindoval reviewed and approved the following:

(a) The adoption and use of the MERIDIAN FRESH Mark, including the individuals or committees involved in the approval decision, the dates of all relevant meetings or approvals, and any criteria or standards applied;

(b) The trade dress for the MERIDIAN FRESH Products, including the packaging design, the teal-and-white color scheme, and the stylized wave device, identifying the individuals who reviewed and approved the final trade dress and the dates of such approvals;

(c) The commercial launch of the MERIDIAN FRESH product line in July 2022, including the individuals responsible for authorizing the launch and any conditions, prerequisites, or reservations noted during the approval process.

For each stage of the approval process described above, identify all Documents reflecting or memorializing the approvals, including meeting minutes, approval memos, sign-off forms, email chains, or other records.

INTERROGATORY NO. 15 — Consumer Complaints and Confusion Reports

Identify and describe all complaints, inquiries, questions, reports, or other instances received or identified by Brindoval, from any source whatsoever — including consumers, retailers, employees, sales associates, customer service representatives, social media users, or any other Person — in which:

(a) A consumer or other Person expressed actual confusion between MERIDIAN FRESH Products and MCB's MERIDIAN or MERIDIAN CLEAN products;

(b) A consumer or other Person mistakenly believed that MERIDIAN FRESH Products were manufactured by, affiliated with, connected to, sponsored by, or endorsed by MCB or Meridian Consumer Brands LLC;

(c) A consumer or other Person purchased MERIDIAN FRESH Products in the mistaken belief that they were purchasing MCB products, or returned MERIDIAN FRESH Products because of confusion with MCB products; or

(d) A retailer, distributor, or other trade partner raised questions or concerns about the relationship between the MERIDIAN FRESH brand and MCB's MERIDIAN brand.

For each such instance, state: (i) the date of the complaint, inquiry, or report; (ii) the identity of the Person reporting the confusion (to the extent known); (iii) the substance and specific content of the complaint, inquiry, or report; (iv) the manner in which the complaint was received (e.g., telephone, email, in-store, social media, online review); and (v) the manner in which Brindoval responded, including the identity of the Person who handled the matter and any corrective actions taken.

INTERROGATORY NO. 16 — Communications with Retailers or Customers Regarding MCB Marks

Identify and describe all Communications between Brindoval (including any officer, director, employee, agent, or representative thereof) and any retailer, distributor, supplier, customer, trade partner, or other third party in which MCB, MCB's MERIDIAN marks, or any actual or potential relationship, affiliation, or confusion between MERIDIAN FRESH Products and MCB's products or marks was discussed, referenced, or raised. For each such Communication, state:

(a) The date of the Communication;

(b) The identities and titles of all participants;

(d) The substance of the Communication, including the specific topics discussed and any conclusions reached or actions agreed upon.

INTERROGATORY NO. 17 — Actions Taken in Response to MCB's Cease-and-Desist Letter

Describe all actions taken by Brindoval in response to MCB's cease-and-desist letter dated September 26, 2022, which demanded that Brindoval immediately cease all use of the MERIDIAN FRESH Mark. Without limitation, Your response should address:

(a) All internal discussions, meetings, or deliberations held within Brindoval concerning the cease-and-desist letter, including the dates, participants, and substance of each;

(b) The engagement of outside counsel Halverson McKay & Pruitt LLP and, specifically, Gregory T. Halverson, Esq., including the date of engagement and the scope of the engagement;

(c) Any business decisions made regarding the continued use, modification, or discontinuation of the MERIDIAN FRESH Mark or the MERIDIAN FRESH trade dress in response to or following receipt of the cease-and-desist letter;

(d) The decision to respond to MCB's cease-and-desist letter by letter dated October 10, 2022, denying infringement, including the factual and legal bases for the denial and the identity of all Persons who participated in drafting or approving the response;

(e) Any analysis, evaluation, or investigation of MCB's trademark rights, MCB's market presence, or the strength of MCB's claims conducted by or on behalf of Brindoval in connection with responding to the cease-and-desist letter.

INTERROGATORY NO. 18 — Brindoval's Private-Label Program

Describe Brindoval's private-label product program generally, including but not limited to:

(a) The date on which Brindoval first launched or initiated its private-label program, which Plaintiff understands to have commenced in or about 2021 — confirm, deny, or clarify;

(b) The product categories included in the private-label program, both within and outside the household cleaning products category;

(c) The process by which Brindoval selects names, marks, and branding for its private-label lines, including whether any standardized naming protocols, approval procedures, or brand architecture guidelines exist, and if so, describe them;

(d) Whether Brindoval's standard practice includes conducting Trademark Clearance Searches before adopting and launching private-label brands, and if so, describe the standard scope and methodology of such searches; if not, explain why not;

(e) All other private-label lines launched by Brindoval in the household cleaning products category, other than the MERIDIAN FRESH line, including the names, marks, and launch dates of each such line.

INTERROGATORY NO. 19 — Expert Witnesses

Identify each Person whom Brindoval expects to call as an expert witness at trial or who has been retained or specially employed by Brindoval in anticipation of litigation or in preparation for trial in this action. For each such Person, provide:

(a) The Person's full name, title, employer or business affiliation, and business address;

(b) A description of the subject matter on which the Person is expected to testify or has been retained to provide opinions, including the specific issues addressed;

(c) A summary of the Person's qualifications, including educational background, professional experience, and areas of expertise;

(d) The identity and description of all reports, written statements, analyses, or other Documents prepared by such Person in connection with this action.

Without limiting the generality of this Interrogatory, Your response should specifically address whether Brindoval has retained or specially employed Dr. Ronald Trask of Pinnacle Research Group Inc. (801 Marquette Avenue, Suite 900, Minneapolis, Minnesota 55402), or any other survey expert, consumer perception expert, damages expert, trademark valuation expert, or other expert in connection with this litigation.

INTERROGATORY NO. 20 — Counterclaim for Declaratory Judgment

Describe all facts and contentions supporting Brindoval's Counterclaim for declaratory judgment of non-infringement, filed on December 5, 2022 (ECF No. 12), including but not limited to:

(a) The complete factual basis for Brindoval's contention that its use of the MERIDIAN FRESH Mark does not infringe, dilute, or otherwise violate any of the MCB Marks;

(b) All affirmative defenses Brindoval intends to assert in response to MCB's Complaint, including but not limited to fair use, descriptive fair use, nominative fair use, descriptiveness, genericness, lack of likelihood of confusion, laches, acquiescence, unclean hands, and any other defenses, together with the factual basis for each;

(c) All evidence — whether documentary, testimonial, survey-based, or otherwise — that Brindoval intends to rely upon in support of its counterclaim and its defenses.

INTERROGATORY NO. 21 — Preliminary Injunction Compliance

Describe all actions taken by Brindoval in response to and in compliance with the Court's Preliminary Injunction Order entered on January 9, 2023 (ECF No. 38), which required Brindoval to modify its MERIDIAN FRESH packaging trade dress by removing the stylized wave device and changing the teal-and-white color scheme within forty-five (45) days. Specifically, state:

(a) The date(s) on which Brindoval began the process of modifying its trade dress in compliance with the Order;

(b) The specific modifications made to the packaging, including the new color scheme adopted, the removal or alteration of the wave device, and any other changes to the packaging or labeling;

(c) Whether all required modifications were completed and implemented across all distribution channels (in-store and e-commerce) within the 45-day period specified in the Order, and if not, the reasons for any delay;

(d) The total cost incurred by Brindoval in connection with complying with the Preliminary Injunction Order, including costs of redesign, new packaging production, destruction of existing inventory bearing the enjoined trade dress, and any related expenses;

(e) The identity of all Persons involved in implementing the modifications, including Brindoval employees and any third-party vendors, designers, or printers.

INTERROGATORY NO. 22 — Financial Projections for MERIDIAN FRESH

Describe all financial projections, forecasts, budgets, pro formas, or business plans prepared by or for Brindoval concerning the MERIDIAN FRESH product line at any time, including but not limited to:

(a) Projected annual revenue for the MERIDIAN FRESH product line, including whether an annualized projection of approximately $16.3 million (or any other figure) was prepared, and if so, the date of such projection and the underlying assumptions;

(b) Projected market share for MERIDIAN FRESH Products within the household cleaning products category, nationally or in any regional market;

(c) Projected profitability, including projected gross margins, operating margins, and net income attributable to the MERIDIAN FRESH line;

(d) Projected growth rates for the MERIDIAN FRESH product line over any planning horizon (e.g., one-year, three-year, five-year); and

(e) The identity of all Persons who prepared, reviewed, or approved such financial projections, and all Documents in which such projections are set forth.

INTERROGATORY NO. 23 — Insurance

Identify all insurance policies that may provide coverage or indemnification to Brindoval in connection with any of the claims, counterclaims, or defenses asserted in this action, including but not limited to policies for commercial general liability, umbrella or excess liability, intellectual property liability, advertising injury, errors and omissions, and directors' and officers' liability. For each such policy, state:

(a) The name of the insurance carrier;

(b) The policy number;

(d) The aggregate and per-occurrence coverage limits;

(e) The deductible, self-insured retention, or co-insurance amount, if applicable; and

(f) Whether notice of this action has been given to the insurer, and if so, the date of such notice and any coverage determination or reservation of rights issued by the insurer.

INTERROGATORY NO. 24 — Electronic Records and Document Retention

Describe Brindoval's document retention policies and practices as they apply to Documents and electronically stored information concerning the MERIDIAN FRESH Products and the MERIDIAN FRESH Mark, including but not limited to:

(a) Whether a litigation hold (preservation notice) was implemented in connection with this action or MCB's cease-and-desist letter, and if so, the date on which the litigation hold was first implemented, the Person who authorized the hold, the scope of the hold (including the categories of Documents and data sources covered), and the manner in which the hold was communicated to affected personnel;

(b) The identity of all custodians (by name and title) whose files, email accounts, hard drives, mobile devices, or other data repositories are subject to the litigation hold;

(c) Whether any Document destruction, deletion, loss, or spoliation has occurred with respect to any Documents or ESI concerning the MERIDIAN FRESH Products or the MERIDIAN FRESH Mark since Brindoval first received MCB's cease-and-desist letter on September 26, 2022, and if so, describe the nature and circumstances of such destruction, deletion, loss, or spoliation in detail;

(d) All electronic systems, platforms, and repositories on which Documents or ESI relating to the MERIDIAN FRESH Products or the MERIDIAN FRESH Mark are or were stored, including but not limited to email systems (e.g., Hollowell Systems, Northgate Software), shared network drives, cloud storage platforms (e.g., Aldermere Systems, Hollowell Health IT, Larkspur Technologies), enterprise resource planning (ERP) systems, customer relationship management (CRM) systems, project management tools (e.g., Sterling Reach Services Inc., Jira, Aldermere Solutions), messaging platforms (e.g., Meridian Solutions, Northgate Data Systems), and any other data repositories.

INTERROGATORY NO. 25 — Additional Facts

Describe any facts, events, circumstances, or contentions not covered by the foregoing Interrogatories (Nos. 1–24) that You contend are relevant to:

(a) The claims asserted by MCB in its Complaint, including its claims for trademark infringement under 15 U.S.C. § 1114, false designation of origin under 15 U.S.C. § 1125(a), trademark dilution, unfair competition, and state law claims;

(b) Your defenses to those claims, including any affirmative defenses; or

•

Dated: January 30, 2023 New York, New York

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
PLAINTIFF MERIDIAN CONSUMER BRANDS LLC'S FIRST SET OF INTERROGATORIES TO DEFENDANT BRINDOVAL HOME GOODS INC. (NOS. 1–25)
Plaintiff Meridian Consumer Brands LLC ("MCB" or "Plaintiff"), by and through its attorneys of record, Calderwood & Harkness LLP, hereby propounds its First Set of Interrogatories (Nos. 1–25) upon Defendant Brindoval Home Goods Inc. ("Brindoval" or "Defendant"), pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure and the Local Civil Rules of the United States District Court for the Southern District of New York.
Brindoval is required to serve verified responses to these Interrogatories within thirty (30) days of service hereof, i.e., on or before March 1, 2023, in accordance with Rule 33(b)(2) of the Federal Rules of Civil Procedure. All responses must be served upon counsel for Plaintiff at the following address:
Calderwood & Harkness LLP 1251 Avenue of the Americas, 40th Floor New York, New York 10020
Attn: Christy Bauer, Esq.
These Interrogatories are subject to the Definitions and Instructions set forth below, which are incorporated into each Interrogatory as if set forth therein in full.
I. DEFINITIONS
As used in these Interrogatories, the following terms shall have the meanings set forth below:
1.  "MERIDIAN FRESH Products" means all household cleaning products — including but not limited to all-purpose spray, glass cleaner, disinfecting wipes, and dish soap — marketed, sold, distributed, offered for sale, or otherwise made available to consumers by Brindoval under or in connection with the mark "MERIDIAN FRESH" or any colorable variation, abbreviation, or derivative thereof, regardless of the channel of distribution or the geographic market in which such products were sold.
2.  "MERIDIAN FRESH Mark" means the word mark "MERIDIAN FRESH," the MERIDIAN FRESH logo (in all iterations and versions), and any trade dress associated therewith, including but not limited to the teal-and-white color scheme and the stylized wave device used in connection with Brindoval's MERIDIAN FRESH Products. This definition encompasses all versions of the mark as used on product packaging, advertising, promotional materials, digital platforms, and point-of-sale displays.
3.  "MCB Marks" means the following federally registered trademarks owned by Plaintiff Meridian Consumer Brands LLC:
(a) U.S. Registration No. 4,218,506 for the mark MERIDIAN (standard character), in International Class 3 (household cleaning preparations), registered on August 14, 2012;
(b) U.S. Registration No. 5,034,771 for the mark MERIDIAN CLEAN (standard character), in International Class 3 (household cleaning preparations), registered on October 18, 2016; and
(c) U.S. Registration No. 5,589,320 for the mark MERIDIAN (stylized logo with wave device), in International Class 3 (household cleaning preparations), registered on July 10, 2018.
4.  "You," "Your," or "Brindoval" means Defendant Brindoval Home Goods Inc., including but not limited to its present and former officers, directors, employees, agents, representatives, predecessors, successors, subsidiaries, affiliates, divisions, and any persons or entities acting or purporting to act on its behalf or at its direction.
5.  "Document(s)" shall have the broadest meaning ascribed to that term under Rule 34(a) of the Federal Rules of Civil Procedure and includes all writings, drawings, graphs, charts, photographs, sound recordings, images, electronically stored information ("ESI"), and any other data or data compilations, in any medium, from which information can be obtained, translated, or converted into reasonably usable form. The term includes, without limitation, electronic mail (email), text messages, instant messages, social media communications, metadata, databases, spreadsheets, presentations, and information stored on mobile devices, cloud-based platforms, or removable media.
6.  "Person" means any natural person, corporation, partnership, limited liability company, association, joint venture, governmental agency, unincorporated organization, trust, estate, or any other legal or commercial entity.
7.  "Communication" means every manner of exchange, transfer, or transmittal of information between or among two or more Persons, whether oral, written, electronic, or otherwise, including but not limited to letters, memoranda, emails, text messages, instant messages, posts or direct messages on social media platforms, telephone calls, voicemail messages, video conferences, in-person conversations, and any other form of correspondence or exchange of information.
8.  "Concerning" or "Relating to" means referring to, describing, evidencing, constituting, mentioning, reflecting, connected with, commenting upon, responsive to, setting forth, summarizing, recording, memorializing, or otherwise pertaining to, directly or indirectly, in whole or in part.
9.  "Identify" (when used with respect to a Person) means to state the Person's full legal name; title or position held during the relevant time period; employer, business affiliation, or entity on whose behalf the Person was acting; and last known business address and telephone number. If the Person is a business entity, state its full legal name, state of incorporation or formation, and principal place of business.
10.  "Identify" (when used with respect to a Document) means to state the Document's title or description; its date; the name(s) of the author(s) and recipient(s); the custodian of the Document; and the Document's present location or, if no longer in existence, the date and circumstances of its destruction, loss, or disposal.
11.  "Trademark Clearance Search" means any search, investigation, analysis, assessment, or opinion — whether conducted internally by any officer, director, employee, or agent of Brindoval, or by any outside counsel, trademark search firm, brand consultant, market research firm, or other third party — concerning the availability, registrability, potential conflicts, or risk of confusion associated with the MERIDIAN FRESH Mark or any mark incorporating the word "MERIDIAN" in connection with household cleaning products or related goods or services.
II. INSTRUCTIONS
The following Instructions apply to each of the Interrogatories set forth below and shall be read in conjunction with the Definitions above:
1.  Each Interrogatory is to be answered separately and fully in writing and under oath, in accordance with Rule 33 of the Federal Rules of Civil Procedure. Each answer shall restate the Interrogatory immediately preceding the response.
2.  If any Interrogatory cannot be answered in full after the exercise of due diligence, answer to the fullest extent possible, specify the reason for any inability to answer fully, and state whatever information, knowledge, or belief You have concerning the unanswered portion. An Interrogatory shall not be left entirely unanswered merely because an exhaustive answer cannot be provided.
3.  If You object to any Interrogatory or any part thereof, state the objection with specificity, including the legal and factual basis therefor. Notwithstanding any objection, You must answer the non-objectionable portion of the Interrogatory to the fullest extent, and the objection shall not serve as a basis for withholding otherwise responsive information.
4.  If You claim any privilege (including attorney-client privilege) or work-product protection as a basis for withholding information otherwise responsive to any Interrogatory, You must provide a privilege log in accordance with Rule 26(b)(5)(A) of the Federal Rules of Civil Procedure and Local Civil Rule 26.2, identifying each withheld responsive item with sufficient detail — including the date, author(s), recipient(s), subject matter, and the basis for the privilege or protection claimed — to permit Plaintiff and the Court to assess the validity of the claim without disclosing the privileged information itself.
5.  These Interrogatories are continuing in nature pursuant to Rule 26(e) of the Federal Rules of Civil Procedure. If, after serving Your responses, You obtain or become aware of additional information that renders any response incomplete or inaccurate, You are obligated to supplement or amend Your responses in a timely manner.
6.  Where an Interrogatory asks You to "describe," provide a narrative response with sufficient factual detail to enable Plaintiff to understand the facts responsive to the Interrogatory, including all relevant dates, the identities of persons involved, and the substance of any relevant Communications or events.
7.  The use of the singular form of a word includes the plural, and vice versa. The use of any gender includes all genders. The terms "and" and "or" shall be construed both conjunctively and disjunctively as necessary to bring within the scope of any Interrogatory all responses that might otherwise be construed to be outside its scope. The term "including" means "including but not limited to."
8.  Time Period. Unless otherwise specified in a particular Interrogatory, each Interrogatory covers the period from January 1, 2021 through the date of Your verified response.
III. INTERROGATORIES
INTERROGATORY NO. 1 — Corporate Identity and Structure
Identify Brindoval Home Goods Inc. by providing its full legal name; state and date of incorporation; principal office address (which Plaintiff understands to be 7200 France Avenue South, Suite 300, Edina, Minnesota 55435 — confirm, deny, or clarify); name and address of its registered agent (which Plaintiff understands to be Northland Statutory Services Inc., 100 South Fifth Street, Minneapolis, Minnesota 55402 — confirm, deny, or clarify); and Employer Identification Number (EIN), to the extent not privileged. Additionally, identify all parent companies, subsidiaries, affiliates, divisions, joint ventures, and other related entities that have, at any time during the relevant period: (a) manufactured, produced, or formulated any MERIDIAN FRESH Products; (b) distributed, marketed, promoted, or sold any MERIDIAN FRESH Products; (c) held, applied for, or claimed any ownership interest or licensing interest in the MERIDIAN FRESH Mark; or (d) otherwise participated in or contributed to the development, commercialization, or exploitation of the MERIDIAN FRESH brand. For each such entity, state the nature and extent of its relationship to Brindoval and describe its involvement with the MERIDIAN FRESH Products or the MERIDIAN FRESH Mark.
INTERROGATORY NO. 2 — Persons with Knowledge
Identify all Persons who have knowledge of facts relating to Brindoval's adoption, selection, clearance, development, marketing, distribution, promotion, or sale of the MERIDIAN FRESH Products or the MERIDIAN FRESH Mark, or who have knowledge of facts relating to any of the claims, counterclaims, or defenses asserted in this action. For each such Person, state: (a) the Person's full name, title, and business affiliation; (b) the general subject matter of such Person's knowledge; and (c) the time period during which such Person acquired such knowledge. Without limiting the generality of this Interrogatory, Your response should specifically address the knowledge of the following individuals: Nathan Cho (Vice President, Private Label Development), Douglas P. Lindstrom (Chief Executive Officer), and Karen A. Whitfield (General Counsel), as well as any other officer, director, or senior manager with knowledge of the matters set forth herein.
INTERROGATORY NO. 3 — Adoption and Selection of the MERIDIAN FRESH Mark
Describe in detail the facts and circumstances surrounding Brindoval's adoption and selection of the MERIDIAN FRESH Mark, including but not limited to:
(a) The date on which the name "MERIDIAN FRESH" was first proposed, suggested, or considered by any Person within or on behalf of Brindoval;
(b) The identity of all Persons who proposed, recommended, evaluated, approved, or otherwise participated in the selection of the MERIDIAN FRESH Mark, including their titles and roles at the time;
(c) The specific role played by Nathan Cho, Vice President of Private Label Development, in the naming process, including whether Mr. Cho originated the proposed name, directed a naming study, or otherwise contributed to the selection;
(d) All alternative names, marks, or brand names considered for the product line before "MERIDIAN FRESH" was selected, including the dates on which each alternative was considered and the reasons each was accepted or rejected;
(e) The specific reasons why the name "MERIDIAN FRESH" was ultimately selected over the alternatives identified, including any criteria used in the evaluation process (e.g., consumer appeal, suggestiveness, competitive differentiation, shelf impact, or availability);
(f) All internal or external meetings, presentations, brainstorming sessions, focus groups, or Communications concerning the selection of the MERIDIAN FRESH Mark, including the dates, participants, and substance of each.
INTERROGATORY NO. 4 — Trademark Clearance Search
State whether Brindoval conducted or caused to be conducted any Trademark Clearance Search before adopting, using, or applying to register the MERIDIAN FRESH Mark, and if so, provide the following information:
(a) The date(s) on which each such Trademark Clearance Search was initiated, conducted, and completed;
(b) The identity of the Person or firm that conducted each search, including the name(s) of any outside counsel, trademark search firm (e.g., Marlowe Data Systems, Pinnacle Data Systems, Quillon Services Inc.), brand consultant, or other third party retained to perform or assist with the search;
(c) A description of the scope and methodology of each search, including the databases searched (e.g., USPTO TESS, state trademark databases, common-law sources, domain name registries, social media platforms), the goods and services classifications covered, the geographic scope, and any search parameters or Boolean logic employed;
(d) The identity and description of all search results, reports, opinions, memoranda, or other Documents generated in connection with each Trademark Clearance Search;
(e) A description of any references to MCB, MCB's MERIDIAN mark (U.S. Reg. No. 4,218,506), MCB's MERIDIAN CLEAN mark (U.S. Reg. No. 5,034,771), or MCB's MERIDIAN stylized logo with wave device (U.S. Reg. No. 5,589,320) identified in any such search, and all actions taken, discussions held, or decisions made in response to the identification of such references.
If no Trademark Clearance Search of any kind was conducted at any time before or after the adoption or first use of the MERIDIAN FRESH Mark, so state and explain the reasons why no such search was performed, including whether the decision not to conduct a search was a deliberate business or legal decision and, if so, who made that decision and on what basis.
INTERROGATORY NO. 5 — Awareness of MCB Marks
State whether, at any time before or after Brindoval's adoption or first use of the MERIDIAN FRESH Mark, You or any officer, director, employee, agent, or representative of Brindoval was aware of any of the following:
(a) Meridian Consumer Brands LLC as a company or brand in the household cleaning products industry;
(b) MCB's MERIDIAN mark, U.S. Registration No. 4,218,506, or household cleaning products sold under the MERIDIAN brand;
(c) MCB's MERIDIAN CLEAN mark, U.S. Registration No. 5,034,771, or household cleaning products sold under the MERIDIAN CLEAN brand;
(d) MCB's MERIDIAN stylized logo with wave device, U.S. Registration No. 5,589,320; or
(e) Any household cleaning products sold under any MERIDIAN-branded mark by any Person, including MCB or any licensee of MCB.
For each affirmative response, identify: (i) the Person(s) who had such awareness; (ii) the date on which such awareness first arose; (iii) the source of the information that gave rise to such awareness (e.g., internet search, trade publication, retail store encounter, trademark search report, communication from a third party, or other source); and (iv) all actions taken, if any, in response to such awareness, including any discussions, memoranda, analyses, or decisions regarding the potential for confusion, conflict, or coexistence.
INTERROGATORY NO. 6 — Filing of Trademark Application Serial No. 97/412,558
Describe all facts and circumstances surrounding Brindoval's filing of U.S. trademark application Serial No. 97/412,558 for the mark MERIDIAN FRESH in International Class 3, filed with the United States Patent and Trademark Office on May 12, 2022, including but not limited to:
(a) The identity of outside counsel, trademark agent, or other Person who prepared and filed the application on Brindoval's behalf;
(b) The basis for filing the application (use in commerce under Section 1(a) of the Lanham Act, or intent to use under Section 1(b)), and if filed on the basis of use in commerce, the claimed dates of first use and first use in commerce;
(c) If filed on an intent-to-use basis, the date on which the MERIDIAN FRESH Mark was first actually used in commerce and all facts concerning such first use;
(d) The goods and services identified in the application and the International Class(es) specified;
(e) All Communications between Brindoval and the USPTO concerning the application, including any Office Actions issued and responses thereto;
(f) The publication of the application for opposition on September 6, 2022, and all Communications, discussions, or actions taken by Brindoval relating to the publication and any potential or actual opposition proceedings.
INTERROGATORY NO. 7 — Development of MERIDIAN FRESH Products
Describe in detail the development of Brindoval's MERIDIAN FRESH Products from initial conception through commercial launch, including but not limited to:
(a) The complete timeline of product development, from the date the concept of a household cleaning product line was first conceived to the date of commercial launch in July 2022, including key milestones such as concept approval, formulation development, testing, packaging design, production, and distribution;
(b) The specific product categories and stock-keeping units (SKUs) included in the MERIDIAN FRESH line, including all-purpose spray, glass cleaner, disinfecting wipes, dish soap, and any other product categories or variants, together with the retail price points for each;
(c) The identity of all Persons involved in the development, formulation, testing, quality assurance, and commercialization of the MERIDIAN FRESH Products, including Brindoval employees and any third-party consultants, scientists, or contractors;
(d) The identity of all third-party manufacturers, co-packers, contract manufacturers, or suppliers involved in producing MERIDIAN FRESH Products, including the names and addresses of such Persons and the nature of their engagement;
(e) All internal business plans, market studies, consumer research reports, competitive analyses, category reviews, or feasibility studies performed in connection with the development of the MERIDIAN FRESH line, including the dates of such studies and the identity of the Persons who conducted or commissioned them.
INTERROGATORY NO. 8 — Trade Dress Development
Describe in detail the design and development of the packaging and trade dress for the MERIDIAN FRESH Products, including but not limited to:
(a) The process by which the teal-and-white color scheme was selected, including when the color scheme was first proposed, who proposed it, what alternative color schemes were considered, and the reasons why the teal-and-white combination was chosen;
(b) The process by which the stylized wave device was created and incorporated into the MERIDIAN FRESH trade dress, including when the wave device was first proposed, who designed it, and the reasons for its inclusion;
(c) The identity of all graphic designers, design agencies, brand consultants, or other third parties involved in the design and development of the trade dress, including their names, business addresses, and the scope of their engagement;
(d) All packaging mock-ups, prototypes, design iterations, or alternative trade dress concepts considered at any stage of the design process, and the reasons each was accepted or rejected;
(e) Whether, at any point during the trade dress design and development process, any Person within or on behalf of Brindoval made any comparison, whether formal or informal, between the MERIDIAN FRESH trade dress (including its color scheme, wave device, font, layout, or overall commercial impression) and the packaging or trade dress of MCB's MERIDIAN or MERIDIAN CLEAN products, and if so, describe the nature and results of any such comparison;
(f) The identity of all Persons who reviewed and approved the final trade dress for the MERIDIAN FRESH Products, the dates of such approvals, and any conditions, modifications, or reservations noted during the approval process.
INTERROGATORY NO. 9 — Revenue from MERIDIAN FRESH Products
State the total gross revenue, net revenue, and gross profit derived by Brindoval from the sale of MERIDIAN FRESH Products, broken down by:
(a) Month, from the date of first sale in July 2022 through the date of Your response;
(b) Product category, including separately stated figures for all-purpose spray, glass cleaner, disinfecting wipes, dish soap, and any other MERIDIAN FRESH product;
(c) Sales channel, including separately stated figures for in-store retail sales at Brindoval's brick-and-mortar locations and e-commerce sales through Brindoval's website (www.crestviewhomegoods.com) and any third-party e-commerce platforms; and
(d) Geographic region, including a breakdown by state or by such geographic divisions as Brindoval uses in its ordinary course of business.
With respect to the foregoing, Plaintiff's initial disclosures referenced a total gross revenue figure of approximately $6,800,000 for MERIDIAN FRESH Products for the period July 2022 through November 2022. Confirm, deny, or clarify that figure and provide the underlying data supporting Your response.
INTERROGATORY NO. 10 — Costs and Expenses Related to MERIDIAN FRESH Products
State the total costs and expenses incurred by Brindoval in connection with the manufacture, production, distribution, marketing, promotion, and sale of MERIDIAN FRESH Products, from the inception of the product line through the date of Your response, broken down by the following categories:
(a) Cost of goods sold, including all costs for manufacturing, contract manufacturing, packaging materials, raw materials, formulation, and quality control;
(b) Distribution and logistics costs, including warehousing, freight, shipping, and fulfillment expenses;
(c) Marketing and advertising expenses, including all costs for creative development, media placement, digital advertising, in-store promotional displays, point-of-sale materials, and agency fees; and
(d) Any other costs, expenses, or overhead directly attributable to the MERIDIAN FRESH product line, including but not limited to product development costs, intellectual property prosecution costs, and costs associated with compliance with the Court's Preliminary Injunction Order.
INTERROGATORY NO. 11 — Marketing and Advertising
Describe all marketing, advertising, and promotional activities conducted by or on behalf of Brindoval for the MERIDIAN FRESH Products, from inception through the date of Your response, including but not limited to:
(a) The total amount spent on marketing and advertising for MERIDIAN FRESH Products, broken down by month;
(b) The types and forms of advertising employed, including but not limited to print advertising, digital advertising (display, search, retargeting), in-store signage and displays, social media marketing (including on Kestrel Services Inc., Northpoint Services Inc., Dunmore & Co., Pinterest, and Fenmore Solutions), television advertising, radio advertising, direct mail, email marketing, influencer marketing, and public relations;
(c) The geographic scope of each advertising campaign or initiative;
(d) The identity of all advertising agencies, marketing consultants, media buyers, public relations firms, social media managers, or other third parties engaged to provide marketing or advertising services in connection with MERIDIAN FRESH Products;
(e) All promotional pricing, coupons, discount codes, free samples, product bundles, loyalty-program tie-ins, or other promotional offers made in connection with MERIDIAN FRESH Products.
INTERROGATORY NO. 12 — Distribution Channels and Retail Locations
Identify all distribution channels through which MERIDIAN FRESH Products have been sold, offered for sale, distributed, or made available to consumers or retailers, from the date of first sale through the date of Your response, including but not limited to:
(a) The number and locations (by city and state) of Brindoval retail stores in which MERIDIAN FRESH Products were stocked, displayed, or sold, and whether all 148 Brindoval retail locations carried the MERIDIAN FRESH line or, if fewer than all locations, the number and identity of the stores that carried the line;
(b) Brindoval's e-commerce platform (www.crestviewhomegoods.com), including the date on which MERIDIAN FRESH Products were first made available for purchase online and the geographic areas to which online orders were shipped;
(c) Any third-party e-commerce platforms on which MERIDIAN FRESH Products were listed, offered for sale, or sold, including but not limited to Penmark Holdings, Walmart.com, Adriatic Corporation, or any other marketplace;
(d) Any wholesale, club store, grocery, or other third-party retail distribution of MERIDIAN FRESH Products, including the identity of all wholesale customers, distributors, or retail partners.
INTERROGATORY NO. 13 — Nathan Cho's Role
Describe in detail the role of Nathan Cho, Vice President of Private Label Development at Brindoval, in the following:
(a) The initial conception and strategic development of the MERIDIAN FRESH product line, including when and how Mr. Cho became involved;
(b) The selection of the MERIDIAN FRESH Mark, including whether Mr. Cho proposed, recommended, or approved the name "MERIDIAN FRESH";
(c) The design and development of the MERIDIAN FRESH trade dress, including the teal-and-white color scheme and the stylized wave device;
(d) Any trademark clearance decisions, including whether Mr. Cho was involved in determining whether to conduct a Trademark Clearance Search, reviewing the results of any such search, or deciding whether to proceed with the MERIDIAN FRESH Mark notwithstanding any identified conflicts;
(e) The launch strategy for the MERIDIAN FRESH Products, including retail placement, pricing, and marketing; and
(f) All other aspects of the MERIDIAN FRESH line in which Mr. Cho participated, directed, or provided oversight.
Additionally, identify all Communications between Nathan Cho and any other Person — whether within Brindoval or external to Brindoval — regarding the selection, adoption, or clearance of the name "MERIDIAN FRESH," including the date, participants, medium, and substance of each such Communication.
INTERROGATORY NO. 14 — Internal Approval Process
Describe the internal process by which Brindoval reviewed and approved the following:
(a) The adoption and use of the MERIDIAN FRESH Mark, including the individuals or committees involved in the approval decision, the dates of all relevant meetings or approvals, and any criteria or standards applied;
(b) The trade dress for the MERIDIAN FRESH Products, including the packaging design, the teal-and-white color scheme, and the stylized wave device, identifying the individuals who reviewed and approved the final trade dress and the dates of such approvals;
(c) The commercial launch of the MERIDIAN FRESH product line in July 2022, including the individuals responsible for authorizing the launch and any conditions, prerequisites, or reservations noted during the approval process.
For each stage of the approval process described above, identify all Documents reflecting or memorializing the approvals, including meeting minutes, approval memos, sign-off forms, email chains, or other records.
INTERROGATORY NO. 15 — Consumer Complaints and Confusion Reports
Identify and describe all complaints, inquiries, questions, reports, or other instances received or identified by Brindoval, from any source whatsoever — including consumers, retailers, employees, sales associates, customer service representatives, social media users, or any other Person — in which:
(a) A consumer or other Person expressed actual confusion between MERIDIAN FRESH Products and MCB's MERIDIAN or MERIDIAN CLEAN products;
(b) A consumer or other Person mistakenly believed that MERIDIAN FRESH Products were manufactured by, affiliated with, connected to, sponsored by, or endorsed by MCB or Meridian Consumer Brands LLC;
(c) A consumer or other Person purchased MERIDIAN FRESH Products in the mistaken belief that they were purchasing MCB products, or returned MERIDIAN FRESH Products because of confusion with MCB products; or
(d) A retailer, distributor, or other trade partner raised questions or concerns about the relationship between the MERIDIAN FRESH brand and MCB's MERIDIAN brand.
For each such instance, state: (i) the date of the complaint, inquiry, or report; (ii) the identity of the Person reporting the confusion (to the extent known); (iii) the substance and specific content of the complaint, inquiry, or report; (iv) the manner in which the complaint was received (e.g., telephone, email, in-store, social media, online review); and (v) the manner in which Brindoval responded, including the identity of the Person who handled the matter and any corrective actions taken.
INTERROGATORY NO. 16 — Communications with Retailers or Customers Regarding MCB Marks
Identify and describe all Communications between Brindoval (including any officer, director, employee, agent, or representative thereof) and any retailer, distributor, supplier, customer, trade partner, or other third party in which MCB, MCB's MERIDIAN marks, or any actual or potential relationship, affiliation, or confusion between MERIDIAN FRESH Products and MCB's products or marks was discussed, referenced, or raised. For each such Communication, state:
(a) The date of the Communication;
(b) The identities and titles of all participants;
(c) The medium of the Communication (e.g., in-person meeting, telephone call, email, letter, text message);
(d) The substance of the Communication, including the specific topics discussed and any conclusions reached or actions agreed upon.
INTERROGATORY NO. 17 — Actions Taken in Response to MCB's Cease-and-Desist Letter
Describe all actions taken by Brindoval in response to MCB's cease-and-desist letter dated September 26, 2022, which demanded that Brindoval immediately cease all use of the MERIDIAN FRESH Mark. Without limitation, Your response should address:
(a) All internal discussions, meetings, or deliberations held within Brindoval concerning the cease-and-desist letter, including the dates, participants, and substance of each;
(b) The engagement of outside counsel Halverson McKay & Pruitt LLP and, specifically, Gregory T. Halverson, Esq., including the date of engagement and the scope of the engagement;
(c) Any business decisions made regarding the continued use, modification, or discontinuation of the MERIDIAN FRESH Mark or the MERIDIAN FRESH trade dress in response to or following receipt of the cease-and-desist letter;
(d) The decision to respond to MCB's cease-and-desist letter by letter dated October 10, 2022, denying infringement, including the factual and legal bases for the denial and the identity of all Persons who participated in drafting or approving the response;
(e) Any analysis, evaluation, or investigation of MCB's trademark rights, MCB's market presence, or the strength of MCB's claims conducted by or on behalf of Brindoval in connection with responding to the cease-and-desist letter.
INTERROGATORY NO. 18 — Brindoval's Private-Label Program
Describe Brindoval's private-label product program generally, including but not limited to:
(a) The date on which Brindoval first launched or initiated its private-label program, which Plaintiff understands to have commenced in or about 2021 — confirm, deny, or clarify;
(b) The product categories included in the private-label program, both within and outside the household cleaning products category;
(c) The process by which Brindoval selects names, marks, and branding for its private-label lines, including whether any standardized naming protocols, approval procedures, or brand architecture guidelines exist, and if so, describe them;
(d) Whether Brindoval's standard practice includes conducting Trademark Clearance Searches before adopting and launching private-label brands, and if so, describe the standard scope and methodology of such searches; if not, explain why not;
(e) All other private-label lines launched by Brindoval in the household cleaning products category, other than the MERIDIAN FRESH line, including the names, marks, and launch dates of each such line.
INTERROGATORY NO. 19 — Expert Witnesses
Identify each Person whom Brindoval expects to call as an expert witness at trial or who has been retained or specially employed by Brindoval in anticipation of litigation or in preparation for trial in this action. For each such Person, provide:
(a) The Person's full name, title, employer or business affiliation, and business address;
(b) A description of the subject matter on which the Person is expected to testify or has been retained to provide opinions, including the specific issues addressed;
(c) A summary of the Person's qualifications, including educational background, professional experience, and areas of expertise;
(d) The identity and description of all reports, written statements, analyses, or other Documents prepared by such Person in connection with this action.
Without limiting the generality of this Interrogatory, Your response should specifically address whether Brindoval has retained or specially employed Dr. Ronald Trask of Pinnacle Research Group Inc. (801 Marquette Avenue, Suite 900, Minneapolis, Minnesota 55402), or any other survey expert, consumer perception expert, damages expert, trademark valuation expert, or other expert in connection with this litigation.
INTERROGATORY NO. 20 — Counterclaim for Declaratory Judgment
Describe all facts and contentions supporting Brindoval's Counterclaim for declaratory judgment of non-infringement, filed on December 5, 2022 (ECF No. 12), including but not limited to:
(a) The complete factual basis for Brindoval's contention that its use of the MERIDIAN FRESH Mark does not infringe, dilute, or otherwise violate any of the MCB Marks;
(b) All affirmative defenses Brindoval intends to assert in response to MCB's Complaint, including but not limited to fair use, descriptive fair use, nominative fair use, descriptiveness, genericness, lack of likelihood of confusion, laches, acquiescence, unclean hands, and any other defenses, together with the factual basis for each;
(c) All evidence — whether documentary, testimonial, survey-based, or otherwise — that Brindoval intends to rely upon in support of its counterclaim and its defenses.
INTERROGATORY NO. 21 — Preliminary Injunction Compliance
Describe all actions taken by Brindoval in response to and in compliance with the Court's Preliminary Injunction Order entered on January 9, 2023 (ECF No. 38), which required Brindoval to modify its MERIDIAN FRESH packaging trade dress by removing the stylized wave device and changing the teal-and-white color scheme within forty-five (45) days. Specifically, state:
(a) The date(s) on which Brindoval began the process of modifying its trade dress in compliance with the Order;
(b) The specific modifications made to the packaging, including the new color scheme adopted, the removal or alteration of the wave device, and any other changes to the packaging or labeling;
(c) Whether all required modifications were completed and implemented across all distribution channels (in-store and e-commerce) within the 45-day period specified in the Order, and if not, the reasons for any delay;
(d) The total cost incurred by Brindoval in connection with complying with the Preliminary Injunction Order, including costs of redesign, new packaging production, destruction of existing inventory bearing the enjoined trade dress, and any related expenses;
(e) The identity of all Persons involved in implementing the modifications, including Brindoval employees and any third-party vendors, designers, or printers.
INTERROGATORY NO. 22 — Financial Projections for MERIDIAN FRESH
Describe all financial projections, forecasts, budgets, pro formas, or business plans prepared by or for Brindoval concerning the MERIDIAN FRESH product line at any time, including but not limited to:
(a) Projected annual revenue for the MERIDIAN FRESH product line, including whether an annualized projection of approximately $16.3 million (or any other figure) was prepared, and if so, the date of such projection and the underlying assumptions;
(b) Projected market share for MERIDIAN FRESH Products within the household cleaning products category, nationally or in any regional market;
(c) Projected profitability, including projected gross margins, operating margins, and net income attributable to the MERIDIAN FRESH line;
(d) Projected growth rates for the MERIDIAN FRESH product line over any planning horizon (e.g., one-year, three-year, five-year); and
(e) The identity of all Persons who prepared, reviewed, or approved such financial projections, and all Documents in which such projections are set forth.
INTERROGATORY NO. 23 — Insurance
Identify all insurance policies that may provide coverage or indemnification to Brindoval in connection with any of the claims, counterclaims, or defenses asserted in this action, including but not limited to policies for commercial general liability, umbrella or excess liability, intellectual property liability, advertising injury, errors and omissions, and directors' and officers' liability. For each such policy, state:
(a) The name of the insurance carrier;
(b) The policy number;
(c) The effective dates (inception and expiration) of the policy;
(d) The aggregate and per-occurrence coverage limits;
(e) The deductible, self-insured retention, or co-insurance amount, if applicable; and
(f) Whether notice of this action has been given to the insurer, and if so, the date of such notice and any coverage determination or reservation of rights issued by the insurer.
INTERROGATORY NO. 24 — Electronic Records and Document Retention
Describe Brindoval's document retention policies and practices as they apply to Documents and electronically stored information concerning the MERIDIAN FRESH Products and the MERIDIAN FRESH Mark, including but not limited to:
(a) Whether a litigation hold (preservation notice) was implemented in connection with this action or MCB's cease-and-desist letter, and if so, the date on which the litigation hold was first implemented, the Person who authorized the hold, the scope of the hold (including the categories of Documents and data sources covered), and the manner in which the hold was communicated to affected personnel;
(b) The identity of all custodians (by name and title) whose files, email accounts, hard drives, mobile devices, or other data repositories are subject to the litigation hold;
(c) Whether any Document destruction, deletion, loss, or spoliation has occurred with respect to any Documents or ESI concerning the MERIDIAN FRESH Products or the MERIDIAN FRESH Mark since Brindoval first received MCB's cease-and-desist letter on September 26, 2022, and if so, describe the nature and circumstances of such destruction, deletion, loss, or spoliation in detail;
(d) All electronic systems, platforms, and repositories on which Documents or ESI relating to the MERIDIAN FRESH Products or the MERIDIAN FRESH Mark are or were stored, including but not limited to email systems (e.g., Hollowell Systems, Northgate Software), shared network drives, cloud storage platforms (e.g., Aldermere Systems, Hollowell Health IT, Larkspur Technologies), enterprise resource planning (ERP) systems, customer relationship management (CRM) systems, project management tools (e.g., Sterling Reach Services Inc., Jira, Aldermere Solutions), messaging platforms (e.g., Meridian Solutions, Northgate Data Systems), and any other data repositories.
INTERROGATORY NO. 25 — Additional Facts
Describe any facts, events, circumstances, or contentions not covered by the foregoing Interrogatories (Nos. 1–24) that You contend are relevant to:
(a) The claims asserted by MCB in its Complaint, including its claims for trademark infringement under 15 U.S.C. § 1114, false designation of origin under 15 U.S.C. § 1125(a), trademark dilution, unfair competition, and state law claims;
(b) Your defenses to those claims, including any affirmative defenses; or
(c) Your Counterclaim for declaratory judgment of non-infringement.
•      
Dated: January 30, 2023 New York, New York
Respectfully submitted,
CALDERWOOD & HARKNESS LLP
By: ________
Christy Bauer, Esq. Lead Associate, intellectual Property Litigation Group Calderwood & Harkness LLP 1251 Avenue of the Americas, 40th Floor New York, New York 10020 Telephone: (212) 558-4000 Facsimile: (212) 558-3588
Email: cbauer@calderwoodharkness.com
Attorneys for Plaintiff Meridian Consumer Brands LLC C&H Matter No. 1011-00003
CERTIFICATE OF SERVICE
I, Christy Bauer, hereby certify that on January 30, 2023, a true and correct copy of the foregoing Plaintiff Meridian Consumer Brands LLC's First Set of Interrogatories to Defendant Brindoval Home Goods Inc. (Nos. 1–25) was served upon counsel for Defendant via the Court's CM/ECF electronic filing system, which will send a Notice of Electronic Filing to all registered counsel of record, and by email to the following:
Gregory T. Halverson, Esq. Megan Janssen, Esq. David Kowalski, Esq. Halverson McKay & Pruitt LLP 225 South Sixth Street, Suite 4200 Minneapolis, Minnesota 55402 Telephone: (612) 339-7200
Email: ghalverson@hmplaw.com
Email: mjanssen@hmplaw.com
Email: dkowalski@hmplaw.com
Attorneys for Defendant Brindoval Home Goods Inc.
________________________________________
Christy Bauer
MERIDIAN CONSUMER BRANDS LLC,
<!-- indent:2 -->Plaintiff,<!-- /indent -->
Civil Action No. 1:22-cv-09483
v. | (Hon. Patricia M. Albright)
BRINDOVAL HOME GOODS INC.,
<!-- indent:2 -->Defendant.<!-- /indent -->

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

I. DEFINITIONS

II. INSTRUCTIONS

III. INTERROGATORIES

Record

Parties

Dates

Amounts