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Universal Standard Inc. v. Target Corp.

Emails' Disclosure to PR Firm Destroys Privilege, Attorney Work Product Protection

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OPINION & ORDER This trademark infringement suit brought by a clothing company, Universal Standard, Inc. (“Universal Standard”) against Target Corporation (“Target”) raises the question of whether sharing attorney-client privileged communications with a public relations firm destroys that privilege. Target asks this Court to rule that the communications, which are in the form of emails, are neither privileged nor protected by the attorney work-product doctrine.¹ For the reasons that follow, we find that any privilege that attached to the emails was waived because the public relations firm took part in the email exchanges. We also find that Universal Standard has not met its burden of showing work product protection. Accordingly, Target’s motion is granted.I. BACKGROUNDA. The Underlying LitigationIn 2014, Polina Veksler and Alexandra Waldman co-founded Universal Standard, a startup company and “size-inclusive clothing brand,” in response to the “serious lack of well-made, modern, women’s apparel in inclusive sizes.” Declaration of Polina Veksler (annexed as Docket # 92-3 to Pl. Opp.) (“Veksler Decl.”),

2-3; Pl. Opp. at 2. According to the operative complaint in this case, Universal Standard has used its federally-registered “Universal Standard” trademark “as a source-identifier for its products” since 2015. Second Amended Complaint, filed Sept. 18, 2018 (Docket # 42) (“SAC”),

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