In Anthropologie, Inc. v. Forever 21, Inc., et. al., 2009 WL 690239 (S.D.N.Y.), Magistrate Judge Michael Dolinger, granted plaintiff's motion requiring production of several categories of documents and authorizing plaintiff to copy and inspect the hard drives of defendant Forever 21.

In this copyright infringement and unfair competition action, plaintiff contended defendants repeatedly infringed upon its copyrighted patterns and designs. In discovery, defendants have failed to adequately respond to plaintiff's discovery requests to the extent that the court found defendants' answers were fraught with a "troubling degree of disingenuousness."  In one instance, defendants' counsel summarized sales figures from documents, but refused to turn over the documents themselves, claiming that defendants did not maintain sales documents or that it would be unduly burdensome to locate them.

The court granted plaintiff's motion and ordered defendants' counsel to immediately turn over the data and documentation on the basis of which they prepared each of the summaries they produced to plaintiff as well as additional documents related to the creation and selection of the infringing items, sale and profit figures and defendants' marketing and distribution efforts.  If plaintiff is unsatisfied with the document production, the court authorized it to submit the declaration of a forensic specialist proffering a specific proposal to conduct a search of defendants' hard drives and will give the defendants three days to respond prior to ruling on the issue.  The court awarded plaintiff the cost of the motion, including attorney's fees.