Amazon Not Entitled to Porn Firm’s Documents


     (CN) – A Florida magistrate judge ruled that Amazon is not entitled to documents prepared by a consultant to a streaming porn company that sued the Internet giant for trademark infringement.
     Wreal LLC sued Amazon last year, claiming its streaming porn service FyreTV was released before Amazon’s Fire TV set-top box, which also provides streaming video services, presumably including adult content.]
     U.S. Magistrate Judge Jonathan Goodman quashed an Amazon subpoena to Dr. Thomas Maronick, an expert used by Wreal in an injunction motion. The subpoena sought results from a survey or study conducted by Maronick for the case as well as non-privileged documents or communication that refer to the survey.
     Wreal argued that the subpoena should be quashed because Maronick has not been named as a testifying expert at trial. Amazon, on the other hand, said the subpoena shouldn’t be quashed because it wants materials related to Maronick’s role as a potential testifying expert. The Internet giant also argued that Maronick waived protection of the documents by testifying at a preliminary injunction hearing.
     Goodman sided with Wreal but said Amazon may renew its subpoena if Maronick is later named a testifying expert.
     “As of now, Dr. Maronick is not testifying at trial, and so barring discovery related to Dr. Maronick does not prejudice Amazon, as it does not have to prepare for his cross examination at trial,” the judge wrote. “Wreal may, at a later time, designate Dr. Maronick as a testifying expert. If it does, then at that time Wreal shall meet its Rule 26 discovery obligations for testifying experts and Amazon will be free to renew its subpoena.”
     Wreal has until June 15 to decide whether Maronick will testify at trial as an expert, according to the ruling. Goodman held that Amazon may be entitled to a discovery hearing for the survey documents – regardless of whether Maronick is selected as a testifying expert – after the June deadline.
     The judge ruled in December that Amazon had a right to know the identities of Wreal’s non-testifying experts.

%d bloggers like this: