Lois Sportswear, U.S.A., Inc. v. Levi Strauss & Co.

OPINION

SWEET, District Judge.

Lois Sportswear, U.S.A., Inc. (“Lois”) has moved to require production of certain documents of Levi Strauss & Company (“Levi”) which Levi claims are privileged or work product. Lois has inspected the documents at issue in pretrial discovery and does not challenge the classification of the documents but asserts that the privileges have been waived. For the following reasons the motion will be denied.

The underlying consolidated action alleges, among other claims, trademark infringement and unfair competition arising out of designs used by the parties including the…