Impossible Foods Inc. v. Impossible X LLC, et al.

Summary

The court conducted an in camera review of attorney-client communications concerning trademark statements of use submitted to the USPTO. It found a prima facie case that Defendants committed fraud on the PTO regarding their 2018 Statements of Use and held that one email, identified as Tab 6 (INT_IMP_00011214), fell within the crime-fraud exception. The court ordered production of that document.

Holdings

1. Plaintiff established a prima facie case that Defendants made false, material representations regarding use of the marks, knew or believed the representations were false, intended the PTO to rely on them, and caused presumed injury sufficient for the crime-fraud privilege analysis.
2. Tab 6 was not protected by the attorney-client privilege because it was sufficiently related to and made in furtherance of the alleged fraud concerning the 2018 statements of use.
3. The court did not decide whether Defendants committed fraud in connection with the 2024 submissions because the communications potentially implicated by the crime-fraud exception concerned only the 2018 statements of use.

Questions Presented

1. Whether Plaintiff established a prima facie case that Defendants committed fraud on the PTO in connection with the 2018 statements of use.
2. Whether the attorney-client communications submitted for in camera review were sufficiently related to and made in furtherance of the alleged fraud so that the crime-fraud exception defeated privilege.
3. Whether the court should order production of communications concerning the 2024 trademark submissions.

Disposition

other