Bloomberg Law
May 7, 2019, 2:55 PM UTCUpdated: May 7, 2019, 6:54 PM UTC

Target Gets Emails to Attorney and PR Firm in Trademark Case (1)

Blake Brittain
Blake Brittain
Reporter
Kyle Jahner
Kyle Jahner
IP Reporter

Emails between a clothing company, its attorneys, and a public relations firm related to a trademark case against Target Corp. aren’t protected by attorney-client privilege.

The PR firm used by Universal Standard Inc. wasn’t necessary to the communications, wasn’t an agent of the company, and wasn’t hired to aid in legal tasks, the U.S. District Court for the Southern District of New York ruled May 6.

The ruling demonstrates the narrowness of circumstances in which a company can maintain privilege after sharing information with third parties. The court rejected as inapplicable to the case multiple precedents cited by Universal Standard ...

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