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U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:09-cv-04373-SAS-JLC

Gucci America, Inc. v. Guess?, Inc. et al Assigned to: Judge Shira A. Scheindlin Referred to: Magistrate Judge James L. Cott Magistrate Judge James L. Cott (Settlement) Cause: 15:1114 Trademark Infringement Plaintiff Gucci America, Inc.

Date Filed: 05/06/2009 Jury Demand: None Nature of Suit: 840 Trademark Jurisdiction: Federal Question

represented by Louis Sherman Ederer Arnold & Porter, LLP 399 Park Avenue New York, NY 10022 (212) 715-1000 x1102 Fax: (212) 715-1399 Email: louis.ederer@aporter.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew Thomas Salzmann Arnold & Porter, LLP 399 Park Avenue New York, NY 10022 (212) 715-1000 Fax: (212) 715-1399 Email: Matthew.Salzmann@aporter.com ATTORNEY TO BE NOTICED

V. Defendant Guess?, Inc. represented by Andrew Jay Frackman O'Melveny & Myers LLP 7 Times Square New York, NY 10036 212-326-2000 Fax: 212-326-2061 Email: afrackman@omm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Daniel M. Petrocelli O'Melveny & Myers, LLP(C'tyCity) 1999 Avenue of the Stars 7th Floor Los Angeles, CA 90067-6035 (310) 246-6700 x6850 Fax: (310) 246-6779 Email: dpetrocelli@omm.com ATTORNEY TO BE NOTICED Robert Craig Welsh O'Melveny & Myers, LLP(C'tyCity) 1999 Avenue of the Stars 7th Floor Los Angeles, CA 90067-6035 (310) 246-6700 x6712 Fax: (310) 246-6779 Email: rwelsh@omm.com ATTORNEY TO BE NOTICED Defendant Guess Italia S.r.l. TERMINATED: 07/15/2009 represented by Andrew Jay Frackman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Daniel M. Petrocelli (See above for address) ATTORNEY TO BE NOTICED Robert Craig Welsh (See above for address) ATTORNEY TO BE NOTICED Defendant Marc Fisher Footwear LLC represented by Darren Wayne Saunders Hiscock & Barclay, LLP (New York) Seven Time Square New York, NY 10036 212-784-5800 Fax: 212-784-5777 Email: dsaunders@hblaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Alpa V. Patel Hiscock & Barclay, LLP (ROCH)

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2000 HSBC Plaza, 20th Flr. Rochester, NY 14604 (585)-295-4438 Fax: (585)-295-8459 Email: apatel@hblaw.com ATTORNEY TO BE NOTICED Defendant The Max Leather Group/Cipriani Accessories, Inc. represented by John T. Williams Hinkhouse Williams Walsh LLP 180 North Stetson Street Suite 3400 Chicago, IL 60601 (312)-268-5767 Fax: (312)-268-5801 Email: jwilliams@hww-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert Craig Welsh (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Sequel AG represented by Robert Craig Welsh (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant K&M Associates L.P. represented by Robert Craig Welsh (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Viva Optique, Inc. represented by Robert Craig Welsh (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Signal Products, Inc. represented by Robert Craig Welsh (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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John T. Williams (See above for address) ATTORNEY TO BE NOTICED Kristin Marie Darr Steptoe & Johnson, LLP (NYC) 1114 Avenue of the Americas New York, NY 10036 (212)-506-3900 Fax: 212-506-3950 Email: kdarr@steptoe.com ATTORNEY TO BE NOTICED Michael R. Heimbold Steptoe & Johnson, LLP(LA) 2121 Avenue of the Stars Suite 2800 Los Angeles, CA 90067 (310)734-3200 Fax: (310) 734-3300 Email: mheimbold@steptoe.com PRO HAC VICE ATTORNEY TO BE NOTICED Defendant Swank, Inc. represented by Abigail Anne Rubinstein Steptoe & Johnson, LLP (DC) 1330 Connecticut Avenue, N.W. Washington, DC 20036 (202) 429-3068 Fax: (202) 261-0595 Email: arubinstein@steptoe.com TERMINATED: 12/23/2011 LEAD ATTORNEY Paul Fields Leason Ellis LLP 81 Main Street Suite 503 White Plains, NY 10601 914-288-0022 Fax: 914-288-0023 Email: fields@leasonellis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Robert Craig Welsh (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Atul R. Singh Darby & Darby, P.C.(NYC) 7 World Trade Center 250 Greenwich Street New York, NY 10007-0042 (212) 527-7700 X7735 Fax: (212) 527-7701 Email: asingh@rpl-law.com TERMINATED: 12/21/2011 Karin Fromson Segall Leason Ellis LLP 81 Main Street Suite 503 White Plains, NY 10601 (914)-821-9072 Fax: (914)-288-0023 Email: segall@leasonellis.com ATTORNEY TO BE NOTICED Interested Party Jonathan Moss Counter Claimant Guess?, Inc. represented by Andrew Jay Frackman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Daniel M. Petrocelli (See above for address) ATTORNEY TO BE NOTICED Robert Craig Welsh (See above for address) ATTORNEY TO BE NOTICED V. Counter Defendant

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Gucci America, Inc.

represented by Louis Sherman Ederer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew Thomas Salzmann (See above for address) ATTORNEY TO BE NOTICED

Counter Claimant Signal Products, Inc. represented by Robert Craig Welsh (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kristin Marie Darr (See above for address) ATTORNEY TO BE NOTICED V. Counter Defendant Gucci America, Inc. represented by Louis Sherman Ederer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew Thomas Salzmann (See above for address) ATTORNEY TO BE NOTICED

Date Filed 05/06/2009

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Docket Text 1 COMPLAINT against Guess?, Inc., Guess Italia S.r.l. (Filing Fee $ 350.00, Receipt Number 687292)Document filed by Gucci America, Inc.(ama) (ama). (Entered: 05/07/2009) SUMMONS ISSUED as to Guess?, Inc., Guess Italia S.r.l. (ama) (Entered: 05/07/2009) Magistrate Judge Kevin Nathaniel Fox is so designated. (ama) (Entered: 05/07/2009) Case Designated ECF. (ama) (Entered: 05/07/2009) 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying PPR Group as Corporate Parent. Document filed by Gucci America, Inc.(ama) (ama). (Entered: 05/07/2009)

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Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (ama) (Entered: 05/07/2009) ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Louis Sherman Ederer for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 1 Complaint, 2 Rule 7.1 Corporate Disclosure Statement to: case_openings@nysd.uscourts.gov. (ama) (Entered: 05/07/2009) 3 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Louis S. Ederer dated 5/8/09 re: Counsel for Plaintiff write to request from Section 14.3 of the Electronic Case Filing Rules & Instructions of the S.D.N.Y. Counsel respectfully requests permission to maintain the exhibits to Gucci's complaint as a paper document, as suggested by the Clerk's Office. ENDORSEMENT: Plaintiff may keep all exhibits as paper documents because they are voluminous and need not file them electronically. (Signed by Judge Shira A. Scheindlin on 5/8/09) (tro) (Entered: 05/13/2009) 4 NOTICE OF APPEARANCE by Andrew Jay Frackman on behalf of Guess?, Inc., Guess Italia S.r.l. (Frackman, Andrew) (Entered: 05/27/2009) 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by Guess?, Inc., Guess Italia S.r.l..(Frackman, Andrew) (Entered: 05/27/2009) 6 STIPULATION EXTENDING TIME, the time for defendants to answer the complaint shall be extended from 5/27/09 to 6/26/09. Guess?, Inc. answer due 6/26/2009; Guess Italia S.r.l. answer due 6/26/2009. (Signed by Judge Shira A. Scheindlin on 5/26/09) (cd) (Entered: 05/27/2009) 7 ORDER FOR INITIAL PRETRIAL CONFERENCE:... Initial Conference set for 6/23/2009 at 04:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 5/28/2009) (jpo) (Entered: 06/01/2009) 8 ORDER FOR ADMISSION PRO HAC VICE OF DANIEL M. PETROCELLI AND ROBERT C. WELSH: Daniel Petrocelli and Robert C. Welsh are hereby permitted to appear in this action pro hac vice on behalf of Defendants in this action. (Signed by Judge Shira A. Scheindlin on 6/5/09) (tro) (Entered: 06/05/2009) Transmission to Attorney Admissions Clerk. Transmitted re: 8 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tro) (Entered: 06/05/2009) 9 ORDER ADJOURNING INITIAL PRETRIAL CONFERENCE: IT IS ORDERED that the Initial Pretrial Conference scheduled for June 23, 2009 be adjourned to July 10, 2009 at at 2:30 p.m. Counsel are advised that all of the other terms set forth in the Court's Initial Pretrial Conference Order dated May 28, 2009 remain in effect. (Signed by Judge Shira A. Scheindlin on 6/9/2009) (jfe) (Entered: 06/09/2009)

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CASHIERS OFFICE REMARK on 8 Order Admitting Attorney Pro Hac Vice, in the amount of $50.00, paid on 06/08/2009, Receipt Number 690314. (jd) (Entered: 06/25/2009) 10 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for settlement. Referred to Magistrate Judge Kevin Nathaniel Fox. ENDORSEMENT: September would be best. Thanks. (Signed by Judge Shira A. Scheindlin on 7/10/2009) (tve) (Entered: 07/10/2009) 11 SCHEDULING ORDER: The parties will identify names of persons to be deposed by 7/27/09. Reply by 8/10, Response 9/14. All fact depositions by 12/31/09. Initial expert reports due 1/29. Rebuttal expert reports due 2/23. Each expert's deposition will be completed by 3/19. Discovery shall be completed 3/19. Plaintiff will supply its pre-trial order on 4/12. The parties will submit a pre-trial order by 4/26. The final pre-trial conference pursuant to Fed. R. Civ. P. 16(d) will be held on 4/6 at 4:30. Anticipated length of trial and whether to court or jury: Eight (8) day bench trial. (Signed by Judge Shira A. Scheindlin on 7/10/2009) (jfe) Modified on 7/14/2009 (jfe). (Entered: 07/13/2009) 12 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Guess Italia S.r.l.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 07/15/2009) 13 NOTICE OF APPEARANCE by Robert Craig Welsh on behalf of Guess?, Inc., Guess Italia S.r.l. (Welsh, Robert) (Entered: 07/16/2009) 14 ANSWER to Complaint. Document filed by Guess?, Inc..(Welsh, Robert) (Entered: 07/17/2009) 15 ORDER, that a settlement conference shall be held in this captioned action on February 24, 2010, at 10:30 a.m., in courtroom 20A, 500 Pearl St., New York, New York. Additional relief as set forth in this Order. (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/20/09) (pl) (Entered: 07/21/2009) 16 ORDER GRANTING AMENDMENT OF GUESS?, INC'S ANSWER AND AFFIRMATIVE DEFENSES, Guess may file its First Amended Answer and Affirmative Defenses. (Signed by Judge Shira A. Scheindlin on 8/6/09) (cd) (Entered: 08/07/2009) 17 AMENDED ANSWER to 1 Complaint. Document filed by Guess?, Inc.. (Welsh, Robert) (Entered: 08/07/2009) 18 STIPULATION AND ORDER; Defendant Guess?, Inc. consents to the filing of plaintiff Gucci America, Inc.'s First Amended Complaint. The First Amended Complaint shall be deemed fIled as of the date of entry of this Stipulation and Order. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 8/17/2009) (tve) (Entered: 08/18/2009)

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19 FIRST AMENDED COMPLAINT amending 1 Complaint against Marc Fisher Footwear LLC, The Max Leather Group/Cipriani Accessories, Inc., Sequel AG, K&M Associates L.P., Viva Optique, Inc., Signal Products, Inc., Swank, Inc., Guess?, Inc..Document filed by Gucci America, Inc.. Related document: 1 Complaint filed by Gucci America, Inc..(mbe) (Entered: 08/19/2009) 20 ANSWER to Amended Complaint. Document filed by Guess?, Inc.. Related document: 19 Amended Complaint, filed by Gucci America, Inc..(Welsh, Robert) (Entered: 08/27/2009) ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Louis Sherman Ederer for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 19 Amended Complaint, to: case_openings@nysd.uscourts.gov. (ama) (Entered: 08/28/2009) 21 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Louis S. Ederer dated 8/31/2009 re: Accordingly, we reiterate our request for leave from Section 14.3. ENDORSEMENT: Plaintiff may keep all exhibits as paper documents because they are voluminous and need not file them electronically. (Signed by Judge Shira A. Scheindlin on 9/1/2009) (jpo) (Entered: 09/02/2009) 22 NOTICE OF APPEARANCE by Paul Fields on behalf of Swank, Inc. (Fields, Paul) (Entered: 09/14/2009) 23 NOTICE OF APPEARANCE by Robert Craig Welsh on behalf of Swank, Inc. (Welsh, Robert) (Entered: 09/14/2009) 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Swank, Inc..(Welsh, Robert) (Entered: 09/14/2009) 25 ANSWER to Amended Complaint. Document filed by Swank, Inc.. Related document: 19 Amended Complaint, filed by Gucci America, Inc..(Welsh, Robert) (Entered: 09/14/2009) 26 NOTICE OF APPEARANCE by Robert Craig Welsh on behalf of The Max Leather Group/Cipriani Accessories, Inc., K&M Associates L.P. (Welsh, Robert) (Entered: 09/14/2009) 27 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying American Biltrite Inc. as Corporate Parent. Document filed by K&M Associates L.P..(Welsh, Robert) (Entered: 09/14/2009) 28 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Max Leather Group/Cipriani Accessories, Inc..(Welsh, Robert) (Entered: 09/14/2009) 29 ANSWER to Amended Complaint. Document filed by The Max Leather Group/Cipriani Accessories, Inc., K&M Associates L.P.. Related document: 19 Amended Complaint, filed by Gucci America, Inc..(Welsh, Robert) (Entered: 09/14/2009)

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30 NOTICE OF APPEARANCE by Darren Wayne Saunders on behalf of Marc Fisher Footwear LLC (Saunders, Darren) (Entered: 09/15/2009) 31 NOTICE OF APPEARANCE by Robert Craig Welsh on behalf of Viva Optique, Inc. (Welsh, Robert) (Entered: 09/15/2009) 32 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Highmark Inc. as Corporate Parent. Document filed by Viva Optique, Inc..(Welsh, Robert) (Entered: 09/15/2009) 33 ANSWER to Amended Complaint. Document filed by Viva Optique, Inc.. Related document: 19 Amended Complaint, filed by Gucci America, Inc..(Welsh, Robert) (Entered: 09/15/2009) 34 NOTICE OF APPEARANCE by Abigail Anne Rubinstein on behalf of Swank, Inc. (Rubinstein, Abigail) (Entered: 09/16/2009) 35 STIPULATED ORDER EXTENDING DEFENDANT MARC FISHER FOOTWEAR LLC'S TIME TO ANSWER OR OTHERWISE RESPOND; Plaintiff and Defendant hereby stipulate that defendant Marc Fisher Footwear LLC has up to and including September 30, 2009 to answer or otherwise respond to the First Amended Complaint. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 9/15/2009) (tve) (Entered: 09/16/2009) 36 NOTICE OF APPEARANCE by John T. Williams on behalf of The Max Leather Group/Cipriani Accessories, Inc. (Williams, John) (Entered: 09/21/2009) 37 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Marc Fisher Footwear LLC.(Saunders, Darren) (Entered: 09/30/2009) 38 ANSWER to Amended Complaint. Document filed by Marc Fisher Footwear LLC. Related document: 19 Amended Complaint, filed by Gucci America, Inc..(Saunders, Darren) (Entered: 09/30/2009) 39 NOTICE OF APPEARANCE by Robert Craig Welsh on behalf of Signal Products, Inc. (Welsh, Robert) (Entered: 10/05/2009) 40 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. NO Corporate Parent. Document filed by Signal Products, Inc..(Welsh, Robert) (Entered: 10/05/2009) 41 ANSWER to Amended Complaint. Document filed by Signal Products, Inc.. Related document: 19 Amended Complaint, filed by Gucci America, Inc..(Welsh, Robert) (Entered: 10/05/2009) 42 NOTICE OF APPEARANCE by Darren Wayne Saunders on behalf of Marc Fisher Footwear LLC (Saunders, Darren) (Entered: 10/05/2009) 43 NOTICE OF APPEARANCE by Alpa V. Patel on behalf of Marc Fisher Footwear LLC (Patel, Alpa) (Entered: 10/06/2009) 44 ORDER MODIFYING THE COURT'S JULY 10, 2009 SCHEDULING ORDER: All fact depositions are to be completed by 2/26/2010. All expert depositions are to

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be completed by 5/21/2010. Pretrial Order due by 6/25/2010. Final Pretrial Conference set for Monday, 6/7/2010 at 04:30 PM before Judge Shira A. Scheindlin. No further requests for extensions will be granted. (Signed by Judge Shira A. Scheindlin on 10/14/09) (tro) (Entered: 10/15/2009) 10/20/2009 45 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Shira A. Scheindlin on 10/20/2009) (jpo) (Entered: 10/20/2009) 46 NOTICE OF APPEARANCE by Robert Craig Welsh on behalf of Sequel AG (Welsh, Robert) (Entered: 10/28/2009) 47 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Timex Nederland B.V. as Corporate Parent. Document filed by Sequel AG.(Welsh, Robert) (Entered: 10/28/2009) 48 ANSWER to Amended Complaint. Document filed by Sequel AG. Related document: 19 Amended Complaint, filed by Gucci America, Inc..(Welsh, Robert) (Entered: 10/28/2009) 49 ORDER, that the settlement conference scheduled previously for February 24, 2010, at 10:30 a.m., shall take place on March 10, 2010, at 10:30 a.m., in courtroom 20A, 500 Pearl St., New York, New York. (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/7/09) (pl) (Entered: 12/08/2009) 50 NOTICE of of Withdrawal of Abigail Rubinstein as Counsel for Defendant Swank, Inc.. Document filed by Swank, Inc.. (Fields, Paul) (Entered: 12/29/2009) 51 ORDER ADJOURNING JANUARY 7, 2010 PRE-MOTION CONFERENCE: NOW, THEREFORE, IT IS HEREBY ORDERED, that the pre-motion conference set for January 7, 2010 at 2:30 p.m., is adjourned to January 11, 2010 at 2:30, in Courtroom 15C, 500 Pearl Street, New York, New York. (Signed by Judge Shira A. Scheindlin on 12/31/2009) (jfe) (Entered: 12/31/2009) 52 TRANSCRIPT of proceedings held on January 11, 2010 3:00 p.m. before Judge Shira A. Scheindlin. (ajc) (Entered: 01/13/2010) 53 TRANSCRIPT of proceedings held on January 13, 2010 3:15 p.m. before Judge Shira A. Scheindlin. (ajc) (Entered: 02/01/2010) 54 ENDORSED LETTER addressed to Judge Shira A.Scheindlin from Louis Ederer dated 2/3/10 re: Request for a brief adjournment of the 2/9/10 conference. ENDORSEMENT: Plaintiff's request to adjourn the 2/9/10 conference is hereby granted. The conference has been rescheduled for 2/24/10 at 4:30 pm. ( Conference reset for 2/24/2010 at 04:30 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 2/3/10) (cd) (Entered: 02/04/2010) 55 NOTICE OF APPEARANCE by Atul R. Singh on behalf of Swank, Inc. (Singh, Atul) (Entered: 02/25/2010) 56 TRANSCRIPT of proceedings held on 5/2/10 before Judge Shira A. Scheindlin. (pl) (Entered: 03/12/2010)

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57 TRANSCRIPT of proceedings held on 5/2/10 before Judge Shira A. Scheindlin. (pl) (Entered: 03/12/2010) Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Settlement Conference held on 3/10/2010. Parties did not settle. Defendants will try to provide plaintiff w. a counteroffer by 3/17. (djc) (Entered: 03/25/2010) 58 NOTICE OF CHANGE OF ADDRESS by Paul Fields on behalf of Swank, Inc.. New Address: LEASON ELLIS LLP, 81 Main Street, Suite 503, White Plains, New York, U.S.A. 10601, 914-288-022. (Fields, Paul) (Entered: 03/18/2010) 59 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Discovery dispute Re: March 17 Guess letter. Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Shira A. Scheindlin on 3/18/2010) (jfe) (Entered: 03/25/2010) 60 NOTICE OF CHANGE OF ADDRESS by Paul Fields on behalf of Swank, Inc.. New Address: LEASON ELLIS LLP, 81 Main Street, Suite 503, White Plains, New York, U.S.A. 10601, 914-288-0022. (Fields, Paul) (Entered: 03/25/2010) 61 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge James L. Cott, for Specific Non-Dispositive Motion/Dispute: Discovery dispute Re: March 17 Guess letter. Magistrate Judge Kevin Nathaniel Fox no longer referred to the case. (ldi) (ldi). (Entered: 03/26/2010) 62 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Plaintiff's In-House Legal Counsel Jonathan Moss. Document filed by Gucci America, Inc..(Ederer, Louis) (Entered: 04/02/2010) 63 DECLARATION of Louis S. Ederer in Support re: 62 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Plaintiff's In-House Legal Counsel Jonathan Moss.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 04/02/2010) 64 DECLARATION of George Borababy in Support re: 62 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Plaintiff's In-House Legal Counsel Jonathan Moss.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 04/02/2010) 65 DECLARATION of Timothy A. Chorba in Support re: 62 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Plaintiff's In-House Legal Counsel Jonathan Moss.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 04/02/2010) 66 DECLARATION of Arthur Leshin in Support re: 62 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Plaintiff's In-House Legal Counsel Jonathan Moss.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 04/02/2010)

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DECLARATION of Christy Leleck in Support re: 62 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Plaintiff's In-House Legal Counsel Jonathan Moss.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 04/02/2010) DECLARATION of Karen Lombardo in Support re: 62 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Plaintiff's In-House Legal Counsel Jonathan Moss.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 04/02/2010) DECLARATION of Daniella Vitale in Support re: 62 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Plaintiff's In-House Legal Counsel Jonathan Moss.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 04/02/2010) MEMORANDUM OF LAW in Support re: 62 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Plaintiff's In-House Legal Counsel Jonathan Moss.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 04/02/2010) MOTION for Protective Order Against the Disclosure of the Privileged Communications of Non-Party Guccio Gucci S.p.A.'s In-House Intellectual Property Counsel Vanni Volpi. Document filed by Gucci America, Inc..(Ederer, Louis) (Entered: 04/02/2010) 72 DECLARATION of Louis S. Ederer in Support re: 71 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Non-Party Guccio Gucci S.p.A.'s In-House Intellectual Property Counsel Vanni Volpi.. Document filed by Gucci America, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Ederer, Louis) (Entered: 04/02/2010)

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DECLARATION of Vanni Volpi in Support re: 71 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Non-Party Guccio Gucci S.p.A.'s In-House Intellectual Property Counsel Vanni Volpi.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 04/02/2010) DECLARATION of Daniela Della Rosa in Support re: 71 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Non-Party Guccio Gucci S.p.A.'s In-House Intellectual Property Counsel Vanni Volpi.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 04/02/2010) DECLARATION of Cheryl Solomon in Support re: 71 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Non-Party Guccio Gucci S.p.A.'s In-House Intellectual Property Counsel Vanni Volpi.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 04/02/2010) DECLARATION of Fausto Pocar in Support re: 71 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Non-Party Guccio Gucci S.p.A.'s In-House Intellectual Property Counsel Vanni Volpi.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 04/02/2010)

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MEMORANDUM OF LAW in Support re: 71 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Non-Party Guccio Gucci S.p.A.'s In-House Intellectual Property Counsel Vanni Volpi.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 04/02/2010) 78 MEMORANDUM AND ORDER re: 62 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Plaintiff's In-House Legal Counsel Jonathan Moss. Filed by Gucci America, Inc. For all these reasons, Gucci's application to seal those portions of its motion papers that relate to Moss, and in particular, the circumstances giving rise to his termination, is denied. (Signed by Magistrate Judge James L. Cott on 4/8/10) (djc) (Entered: 04/08/2010)

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AFFIDAVIT of Jonathan Moss re: 62 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Plaintiff's In-House Legal Counsel Jonathan Moss.. Document filed by Jonathan Moss. (Wechsler, David) (Entered: 04/16/2010) MEMORANDUM OF LAW in Opposition re: 62 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Plaintiff's In-House Legal Counsel Jonathan Moss.. Document filed by Guess?, Inc.. (Welsh, Robert) (Entered: 04/16/2010) DECLARATION of Robert C. Welsh in Opposition re: 62 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Plaintiff's In-House Legal Counsel Jonathan Moss.. Document filed by Guess?, Inc.. (Welsh, Robert) (Entered: 04/16/2010) MEMORANDUM OF LAW in Opposition re: 71 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Non-Party Guccio Gucci S.p.A.'s In-House Intellectual Property Counsel Vanni Volpi.. Document filed by Guess?, Inc.. (Welsh, Robert) (Entered: 04/16/2010) 83 DECLARATION of Robert C. Welsh in Opposition re: 71 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Non-Party Guccio Gucci S.p.A.'s In-House Intellectual Property Counsel Vanni Volpi.. Document filed by Guess?, Inc.. (Attachments: # 1 Exhibit A to R. Welsh Declaration, # 2 Exhibit B-G to R. Welsh Declaration)(Welsh, Robert) (Entered: 04/16/2010)

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DECLARATION of Silvia Giudici in Opposition re: 71 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Non-Party Guccio Gucci S.p.A.'s In-House Intellectual Property Counsel Vanni Volpi.. Document filed by Guess?, Inc.. (Welsh, Robert) (Entered: 04/16/2010) DECLARATION of Franco Ferrari in Opposition re: 71 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Non-Party Guccio Gucci S.p.A.'s In-House Intellectual Property Counsel Vanni Volpi.. Document filed by Guess?, Inc.. (Welsh, Robert) (Entered: 04/16/2010) Objection re: 62 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Plaintiff's In-House Legal Counsel Jonathan Moss.

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Objections to Evidence Offered In Support of Plaintiff's Motion For Protective Order re: Jonathan Moss. Document filed by Guess?, Inc.. (Welsh, Robert) (Entered: 04/16/2010) 04/19/2010 87 ENDORSED LETTER: addressed to Judge James L. Cott from Robert C. Welsh dated 4/16/2010 re: Counsel for defendant request an opportunity to file a brief submission of no more than three pages addressing the import of Mr. Moss's statements in his affidavit by Tuesday, April 20, 2010. ENDORSEMENT: The request is granted. So Ordered. (Signed by Magistrate Judge James L. Cott on 4/16/2010) (js) Modified on 4/30/2010 (js). (Entered: 04/19/2010) 88 ENDORSED LETTER: addressed to Judge James L. Cott from Louis S. Ederer dated 4/16/2010. re: However, if the Court is inclined to consider Moss' affidavit and grant Guess' request,Gucci, in turn, requests that the Court: (i) grant Gucci three (3) additional pages in reply (bringing the total page limit on Gucci's reply on this motion and Gucci's motion with respect to the privileged communications of Vanni Volpi to thirteen (13) and (ii) permit Gucci to file it's reply papers on the Moss and Volpi motions on Tuesday, April 27, 2010 as Gucci will not be in a position to determine how to allocate its pages on reply until it receives Guess' supplemental submission on April 20. ENDORSEMENT: This request is granted. So Ordered. (Signed by Magistrate Judge James L. Cott on 4/19/2010) (js) (Entered: 04/19/2010) 89 MEMORANDUM OF LAW in Opposition re: 62 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Plaintiff's In-House Legal Counsel Jonathan Moss. Supplemental Memorandum in Opposition to Gucci's Motion re: Jonathan Moss. Document filed by Guess?, Inc.. (Welsh, Robert) (Entered: 04/20/2010) DECLARATION of Robert C. Welsh re: 62 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Plaintiff's In-House Legal Counsel Jonathan Moss. Supplemental Declaration of Robert C. Welsh In Support of Guess?, Inc's Opposition to Gucci's Motion re: Jonathan Moss. Document filed by Guess?, Inc.. (Welsh, Robert) (Entered: 04/20/2010) 91 ENDORSED LETTER: addressed to Judge James L. Cott from Robert C. Welsh dated 4/19/2010 re: On behalf of defendant Guess Inc. Counsel writes to follow up on a discovery issue that was raised with Your Honor at the March 30, 2010 telephonic pre-motion conference: During the conference Guess requested that the Court instruct plaintiff Gucci America, Inc. ("Gucci") to produce privilege log for allegedly privileged documents concerning Guess marks, designs, and products that Gucci's attorneys received from Studio Legale Jacobacci ("Studio Jacobacci"), the outside IP law firm for Guccio Gucci S.p.A. (Guccio Gucci") Although Gucci advised Your Honor at the March 30 conference-and had previously told Judge Scheindlin and Guess-that it would produce a privilege log for these documents, it now refuses to do so. ENDORSEMENT: As this matter is outside the scope of the district court's referral, I have no authority to act on it and direct the parties to Judge Scheindlin. So Ordered. (Signed by Magistrate Judge James L. Cott on 4/20/10) (js) (Entered: 04/21/2010)

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REPLY MEMORANDUM OF LAW in Support re: 71 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Non-Party Guccio Gucci S.p.A.'s In-House Intellectual Property Counsel Vanni Volpi.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 04/27/2010) 93 DECLARATION of Fausto Pocar in Support re: 71 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Non-Party Guccio Gucci S.p.A.'s In-House Intellectual Property Counsel Vanni Volpi.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 04/27/2010) 94 DECLARATION of Adriano Vanzetti in Support re: 71 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Non-Party Guccio Gucci S.p.A.'s In-House Intellectual Property Counsel Vanni Volpi.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 04/27/2010)

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DECLARATION of Daniela Della Rosa in Support re: 71 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Non-Party Guccio Gucci S.p.A.'s In-House Intellectual Property Counsel Vanni Volpi.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 04/27/2010) DECLARATION of Louis S. Ederer in Support re: 71 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Non-Party Guccio Gucci S.p.A.'s In-House Intellectual Property Counsel Vanni Volpi., 62 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Plaintiff's In-House Legal Counsel Jonathan Moss.. Document filed by Gucci America, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Ederer, Louis) (Entered: 04/27/2010) REPLY MEMORANDUM OF LAW in Support re: 62 MOTION for Protective Order Against the Disclosure of the Privileged Communications of Plaintiff's In-House Legal Counsel Jonathan Moss.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 04/27/2010) 98 ORDER GRANTING MARC FISHER LLC LEAVE TO AMEND MARC FISHER LLC'S ANSWER TO THE FIRST AMENDED COMPLAINT: It is hereby ordered that Marc Fisher LLC is granted leave to amend its Answer to the First Amended Complaint to interpose a counterclaim for cancellation of U.S. Trademark Registration No. 1,483,526; and it is further ordered that Gucci America, Inc. shall have 21 days from the date of service of Marc Fisher LLC 's amended pleading to serve and file its reply. (Signed by Judge Shira A. Scheindlin on 4/28/2010) (jpo) (Entered: 04/28/2010) 99 STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the parties that Plaintiff Gucci America, Inc. be permitted to file its Second Amended Complaint. (Signed by Judge Shira A. Scheindlin on 4/30/2010) (jpo) (Entered: 04/30/2010)

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101 SECOND AMENDED COMPLAINT amending 19 Amended Complaint, against Guess?, Inc., Marc Fisher Footwear LLC, The Max Leather Group/Cipriani Accessories, Inc., Sequel AG, K&M Associates L.P., Viva Optique, Inc., Signal Products, Inc., Swank, Inc.Document filed by Gucci America, Inc. Related document: 19 Amended Complaint, filed by Gucci America, Inc. (mro) (Entered: 05/07/2010) ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Louis Sherman Ederer for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 101 Amended Complaint, to: case_openings@nysd.uscourts.gov. (mro) (Entered: 05/10/2010) 102 MODIFIED SCHEDULING ORDER: All fact discovery is to be completed by Friday, August 6, 2010; the parties are to serve all initial expert reports, if any, by Friday, September 24, 2010; the parties are to serve all rebuttal expert reports, if any, by Friday, October 15, 2010; all expert depositions, if any, are to be completed by Friday, November 12, 2010; Plaintiff will supply its pre-trial order matters to defendants by Friday, December 3, 2010; the parties will submit a pre-trial order in a form conforming with the Court's instructions together with trial briefs and proposed findings of fact and conclusions of law by Friday, December 17, 2010; the final pre-trial conference pursuant to Fed. R. C iv. P. 16(d) will be held on August 20, 2010 at 4:30 p.m. before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 5/7/10) (djc) (Entered: 05/11/2010)

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103 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Louis S. Ederer dated 5/13/2010 re: Counsel for Plaintiff write to request leave and First Amended Complaint as paper documents due to their size, we write to request leave from Section 14.3 of the Electronic Case Filing Rules & Instructions of the S.D.N.Y. to file the exhibits to Gucci's Second Amended Complaint as paper documents only. ENDORSEMENT: Plaintiff's request for leave from section 14.3 of the Electronic Case Filing Rules & Instructions of the SDNY to file exhibits to Gucci's second amended complaint as paper documents only is hereby granted. (Signed by Judge Shira A. Scheindlin on 5/13/2010) (tro) Modified on 5/17/2010 (tro). (Entered: 05/14/2010) 104 ANSWER to Amended Complaint. Document filed by Marc Fisher Footwear LLC. Related document: 101 Amended Complaint, filed by Gucci America, Inc..(Saunders, Darren) (Entered: 06/03/2010) 105 ANSWER to Amended Complaint., COUNTERCLAIM against Gucci America, Inc.. Document filed by Guess?, Inc.. Related document: 101 Amended Complaint, filed by Gucci America, Inc..(Welsh, Robert) (Entered: 06/03/2010) 106 ANSWER to Amended Complaint., COUNTERCLAIM against Gucci America, Inc.. Document filed by Signal Products, Inc.. Related document: 101 Amended Complaint, filed by Gucci America, Inc..(Welsh, Robert) (Entered: 06/03/2010) 107 ANSWER to Amended Complaint. Document filed by The Max Leather Group/Cipriani Accessories, Inc., Sequel AG, K&M Associates L.P., Viva Optique, Inc., Swank, Inc.. Related document: 101 Amended Complaint, filed by Gucci

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America, Inc..(Welsh, Robert) (Entered: 06/03/2010) 06/23/2010 06/23/2010 06/23/2010 06/25/2010 108 ANSWER to Counterclaim. Document filed by Gucci America, Inc..(Ederer, Louis) (Entered: 06/23/2010) 109 ANSWER to Counterclaim. Document filed by Gucci America, Inc..(Ederer, Louis) (Entered: 06/23/2010) 113 TRANSCRIPT of proceedings held on June 10, 2010 before Judge Shira A. Scheindlin. (mro) (Entered: 06/30/2010) 110 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Robert C. Welsh dated 6/24/10 re: We write regarding the assertion of an advice of counsel defense. At this time, defendant Guess?, Inc. does not intend to assert the advice of counsel defense in the above-referenced litigation. ENDORSEMENT: The Clerk is directed to docket this letter. So ordered. (Signed by Judge Shira A. Scheindlin on 6/25/10) (rjm) (Entered: 06/25/2010) 111 MEMORANDUM AND ORDER: Accordingly, Gucci is directed to revise its amended privilege log as follows: (i) indentify with specificity which of the Volpi communications relate to the instant litigation and which communications relate to the Italian litigation so that the Court can determine whether the attorney client privilege applies; and (ii)provide a detailed description, beyond the subject matter of the document, sufficient to indicate Gucci's basis for designating each of the communications involving both Volpi and moss- as protected from disclosure pursuant to the work product doctrine. Gucci is further directed to submit the revised amended privilege log to the Court in 12-point font, with a copy served upon all counsel of record, by July 6, 2010. So Ordered (Signed by Magistrate Judge James L. Cott on 7/29/2010) (js) Modified on 6/29/2010 (js). Copies by ECF (Entered: 06/29/2010) MEMORANDUM AND ORDER: For these reasons, Gucci's application for a protective order against the disclosure of the privileged communications of Jonathan Moss on attorney-client privilege grounds is denied. In the alternative, Gucci claims that the Moss communications are protected from discovery pursuant to the work-product doctrine. Communications that are not protected by the attorney-client privilege may nonetheless quality for protection under the work-product doctrine. See e.g., Haughv. Schroder Inv. Mgmt. N. Am., Inc., 02 Civ. 7955 (DLC), 2003 WL 21998674 (S.D.N.Y. Aug. 25,2003) (attorney-client privilege not applicable to public relations firm, but work-product doctrine protected communications sent to consultant by counsel). The party invoking the work-product doctrine "must show that the documents were prepared principally or exclusively to assist in anticipated or ongoing litigation." United States v. Constr. Prods. Research. Inc., 73 F.3d 464, 473(2d Cir. 1996). See Fed. R. Civ. P. 26(b)(3). As the parties have not briefed the issue of whether the work-product doctrine applies here, the Court is without sufficient information regarding the nature of the documents to ascertain whether the privilege applies. In a related Memorandum and Order that I am issuing today, I have directed Gucci to amend its privilege log to denote, with specificity, the basis for its invocation of the work-product doctrine with respect to the Moss communications. The applicability of the work product

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doctrine will be considered following the amendments to the privilege log. So Ordered (Signed by Magistrate Judge James L. Cott on 6/29/2010) Copies of this Order are being sent by ECF.(js) Modified on 6/29/2010 (js). (Entered: 06/29/2010) 07/02/2010 114 ORDER: Gucci shall submit its revised amended privilege log to the Court in 12-point font, with a copy seved upon all counsel of record, by July 9, 2010. The parties should advise the Court by letter no later than July 13, 2010 which documents remain in dispute after the parties have met and conferred. The parties shall submit additional memoranda of law regarding the application of the work product doctrine by July 20, 2010. (Signed by Magistrate Judge James L. Cott on 7/1/2010) (jfe) Modified on 7/14/2010 (jfe). (Entered: 07/02/2010) ORDER. Gucci's request for a stay of the Rule 72(a) objection period with respect to the June 29, 2010 Memorandum and Order until its motion with respect to Mr. Moss is fully decided is granted. (Signed by Magistrate Judge James L. Cott on 7/2/10) (rjm) (Entered: 07/06/2010)

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116 ENDORSED LETTER addressed to Magistrate James L. Cott from Louis Ederer dated 7/13/10 re: Joint request for an additional 3 days to submit a final report to 7/16/10 and that the briefing of the remaining work product issues be adjourned to 7/23/10. ENDORSEMENT: The requests are GRANTED. ( Status Report due by 7/16/2010.) (Signed by Magistrate Judge James L. Cott on 7/13/10) (cd) (Entered: 07/14/2010) 117 MEMORANDUM OF LAW Re: Discoverability of Documents in Gucci America, Inc.'s Privilege Log. Document filed by Guess, Inc.. (Welsh, Robert) (Entered: 07/23/2010) 118 DECLARATION of Robert C. Welsh re: 117 Memorandum of Law Re: Discoverability of Documents in Gucci America, Inc.'s Privilege Log. Document filed by Guess, Inc.. (Welsh, Robert) (Entered: 07/23/2010) 119 DECLARATION of Silvia Giudici re: 117 Memorandum of Law Re: Discoverability of Documents in Gucci America, Inc.'s Privilege Log. Document filed by Guess, Inc.. (Welsh, Robert) (Entered: 07/23/2010) 120 MEMORANDUM OF LAW in Support of Plaintiff Gucci America, Inc.'s Motions for Protective Order Against the Disclosure of Work Product. Document filed by Gucci America, Inc.. (Maltbie, John) (Entered: 07/23/2010)

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121 DECLARATION of Louis S. Ederer in Support re: 120 Memorandum of Law. Document filed by Gucci America, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Maltbie, John) (Entered: 07/23/2010) 122 ORDER: Gucci is directed to submit unredacted copies of the documents listed in the Revised Privilege Log to the Chambers of the undersigned by 5 p.m. on Friday, July 30, 2010. The documents should bear legends or Bates-numbers corresponding to the document numbers in the Revised Privilege Log. So Ordered. (Signed by Magistrate Judge James L. Cott on 7/28/2010) Copies of this order are being Sent By ECF Chambers. (js) (Entered: 07/28/2010)

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123 NOTICE OF APPEARANCE by John T. Williams on behalf of Signal Products, Inc. (Williams, John) (Entered: 07/29/2010) 124 STIPULATION AND ORDER. All Expert Depositions due by 1/11/2011; All fact Discovery due by 10/5/2010; The parties are to serve all initial expert reports, if any by Monday, 11/22/10; The parties are to serve all rebuttal expert reports, if any by Tuesday, December 14, 2010; Plaintiff will supply its pre-trial order matters to defendants by Friday February 4, 2011; Pretrial Order due by 2/18/2011, Final Pretrial Conference set for 10/21/2010 at 04:30 PM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 7/30/10) (djc) Modified on 8/19/2010 (djc). (Entered: 08/02/2010) ORDER: GA shall produce the documents or attachments that the Court has determined are not privileged forthwith, as set forth in this Order. (Signed by Judge Shira A. Scheindlin on 9/7/2010) (jpo) (Entered: 09/07/2010) MEMORANDUM AND ORDER: Accordingly, Gucci's application for an order protecting the Volpi communications in Docket No. 71 is GRANTED IN PART AND DENIED IN PART, and its application for an order protecting the Moss communications in Docket No. 62 is GRANTED IN PART AND DENIED IN PART. Gucci is directed to produce the documents identified in the attached Schedule "A" in accordance with the instructions therein by no later than the expiration of the 14-day period under Rule 72(a), if no objections are filed. If either side files objections, any requests for further relief, including any stay applications, should be made to Judge Scheindlin.. (Signed by Magistrate Judge James L. Cott on 9/23/2010) (jpo) (Entered: 09/23/2010) CASE NO LONGER REFERRED to Magistrate Judge James L. Cott. I hereby close the above Order of Reference for magistrate judge statistical purposes. This case remains open. Reason: On 9/23/2010, I issued a Memorandum and Order resolving the matter before me. (ae) (Entered: 09/28/2010) 127 Objection re: 112 Order,,,,,, To the June 29, 2010 Memorandum and Order of Magistrate Judge James L. Cott. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 10/07/2010) OPPOSITION BRIEF re: 127 Objection (non-motion) /Memorandum of Law in Opposition to Plaintiff Gucci America's Rule 72(a) Objections to the June 29, 2010 Memorandum and Order of Magistrate Judge James L. Cott. Document filed by Guess, Inc..(Welsh, Robert) (Entered: 10/15/2010)

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129 SEALED DOCUMENT placed in vault.(nm) (Entered: 11/01/2010) 130 REPLY MEMORANDUM OF LAW re: 127 Objection (non-motion), 128 Opposition Brief, In Further Support of Gucci America's Rule 72(a) Objections to Magistrate Judge James L. Cott's June 29, 2010 Order. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 11/08/2010) 131 TRANSCRIPT of proceedings held on 11/9/2010 @ 4:40 pm before Judge Shira A. Scheindlin. (eef) (Entered: 11/18/2010)

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132 MODIFIED SCHEDULING ORDER: Deposition due by 6/15/2011. Discovery due by 6/15/2011. Pre-Motion Conference set for 3/18/2011 at 10:00 AM before Judge Shira A. Scheindlin. Pretrial Order due by 7/15/2011. (Signed by Judge Shira A. Scheindlin on 12/23/2010) (jpo) (Entered: 12/23/2010) 133 ORDER: Pursuant to this Court's order, plaintiff Gucci America, Inc. ("GA") submitted four documents for the Court's in camera review. These documents consist of written communications to and from Carlo Imo, the General Counsel of GA's affiliate, Guccio Gucci S.p.A. of Italy to and from outside counsel. Having reviewed each document and its attachment(s), the following constitutes the rulings of the Court. 1. Tab 1: 2/20/05 Privileged. The only amendment is to the privilege log which should have described the document as "Instructions from General Counsel to outside legal trademark counsel regarding possible legal action against Guess." 2. Tab 2: 2/28/05 Privileged. 3. Tab 3: 3/8/05 Privileged. 4. Tab 4: 9/212/06 Privileged. The only oversight was that the unredacted version of Exhibit 2 was only submitted to this Court in French, rather than in an English translation. If such a translation exists it should be submitted to the Court forthwith although it appears that the attachment is privileged. At the Court's request Defendant Guess?, Inc. submitted its revised 30(b)(6) notice to GA; its deposition notice to Cheryl Solomon; and its Eighth Request for Production to GA. Each request has been reviewed and the following constitutes the Court's rulings: (1) 30(b)(6) notice: All permitted except #15. I note that this is not a document request and that the witness need only be knowledgeable about and able to testify regarding requests #14 but is not required to produce documents. (2) Solomon deposition notice: Request # 1 in Attachment A is stricken. Request #2 is permitted but only to the extent of producing non-privileged and relevant documents. (3) Eighth Request for Production to GA: To the extent this request seeks documents from Guccio Gucci or Gucci Group, the request is stricken. As amended a response is required to requests 117-122. Request #123 is limited to Communications regarding Guess? and to non-privileged and relevant material. Request #124 is permitted. Request #125 is limited to communications with quality control departments and related solely to Guess? Requests #126-127 are permitted. Requests #128-133 are stricken. Request #134 is permitted unless Guess? raises a work product objection. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 12/27/2010) (lnl) (Entered: 12/28/2010) ***DELETED DOCUMENT. Deleted document number 134 Order. The document was incorrectly filed TWICE in this case. (db) (Entered: 01/13/2011) 135 NOTICE OF APPEARANCE by Kristin Marie Darr on behalf of Signal Products, Inc. (Darr, Kristin) (Entered: 12/30/2010) 136 OPINION AND ORDER: #99806 For the reasons set forth above, the Order of the Magistrate Judge is set aside and Gucci' s motion for a protective order is hereby granted. All communications between Gucci and Moss that were made for the purpose of giving legal advice are entitled to protection pursuant to the attorneyclient privilege. (Signed by Judge Shira A. Scheindlin on 1/3/2011) (jpo) Modified on 1/5/2011 (ajc). (Entered: 01/03/2011)

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137 MOTION for Michael R. Heimbold to Appear Pro Hac Vice. Document filed by Signal Products, Inc..(mbe) (Entered: 01/05/2011) 138 ORDER CLARIFYING THE COURT'S DECEMBER 27, 2010 ORDER: The Court adheres to its November 9, 2010 Order granting plaintiff Gucci America's application to quash the Solomon Notice, including the document requests annexed thereto, and further, to the extent the December 27, 2010 Order may appear to be Inconsistent with the Court's November 9, 2010 Order, that the November 9, 2010 Order shall prevail with respect to these issues. (Signed by Judge Shira A. Scheindlin on 1/5/2011) (jpo) (Entered: 01/05/2011) Minute Entry for proceedings held before Magistrate Judge James L. Cott: Status Conference held on 1/6/2011. (eef) (Entered: 02/02/2011) Minute Entry for proceedings held before Magistrate Judge James L. Cott: Status Conference held on 1/6/2011. (jfe) (Entered: 02/03/2011) 139 MEMO ENDORSEMENT on 137 Motion for Michael R. Heimbold to Appear Pro Hac Vice. ENDORSEMENT: Motion granted. The Clerk of the Court is directed to close to close this motion (Doc. # 137). (Signed by Judge Shira A. Scheindlin on 1/7/2011) (jpo) (Entered: 01/07/2011) CASHIERS OFFICE REMARK on 137 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 01/03/2011, Receipt Number 9234835. (jd) (Entered: 01/11/2011) 140 SEALED DOCUMENT placed in vault.(nm) (Entered: 01/26/2011) 141 ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James L. Cott. (Signed by Judge Shira A. Scheindlin on 2/25/2011) (lnl) Modified on 3/8/2011 (lnl). (Entered: 02/28/2011) 142 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Louis S. Ederer dated 3/10/2011 re: Counsel for the plaintiff Gucci America, Inc., writes on behalf of all parties to request that the Court enter the enclosed proposed modified scheduling order. ENDORSEMENT: Request denied. (Signed by Judge Shira A. Scheindlin on 3/10/2011) (ab) (Entered: 03/10/2011) 143 MEMO ENDORSEMENT on: 142 Endorsed Letter. ENDORSEMENT: On reconsideration, I will grant one final sixty day extension of the Scheduling Order in view of ongoing settlement discussions. However, no party may request any further extension of the Schedule for any reasons whatsoever. (Signed by Judge Shira A. Scheindlin on 3/16/11) (cd) (Entered: 03/17/2011) 144 ORDER SCHEDULING SETTLEMENT CONFERENCE: Settlement Conference set for 4/27/2011 at 09:30 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott, as set forth in this Order. (Signed by Magistrate Judge James L. Cott on 3/30/2011) Copies Mailed By Chambers. (jpo) Modified on 4/4/2011 (jpo). (Entered: 03/30/2011)

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Minute Entry for proceedings held before Magistrate Judge James L. Cott: Telephone Conference held on 4/22/2011. (mbe) (Entered: 04/29/2011) Minute Entry for proceedings held before Magistrate Judge James L. Cott: Settlement Conference held on 4/27/2011. (mbe) (Entered: 04/29/2011) 145 ORDER re Guess request that the Court review its rulings set forth re Document Nos. 1,5,34,35,37, and 38 to determine whether there are any non-privileged poritons that should be disclosed by plaintiff Gucci America: As I advised the parties at a conference yesterday, as to Document Nos. 35,37, and 38, my rulings remain the same. As to Document Nos. 1,5, and 34, in light of Judge Scheindlin's ruling...are privileged and need not be disclosed. (Signed by Magistrate Judge James L. Cott on 4/28/11) Copies Sent by ECF to all Counsel(cd) (Entered: 04/28/2011) 148 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute:* Discovery dispute regarding production of foreign sales information. Referred to Magistrate Judge James L. Cott. (Signed by Judge Shira A. Scheindlin on 5/2/11) (jmi) Modified on 5/4/2011 (jmi). (Entered: 05/03/2011) ***DELETED DOCUMENT. Deleted document number 146 Transcript. The document was incorrectly filed in this case. (tro) (Entered: 05/13/2011) ***DELETED DOCUMENT. Deleted document number 147 Notice of Filing of Official Transcript. The document was incorrectly filed in this case. (tro) (Entered: 05/13/2011) 149 TRANSCRIPT of Proceedings re: argument held on 4/22/2011 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/13/2011. Redacted Transcript Deadline set for 6/23/2011. Release of Transcript Restriction set for 8/22/2011.(McGuirk, Kelly) (Entered: 05/20/2011) 150 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Argument proceeding held on 4/22/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (McGuirk, Kelly) (Entered: 05/20/2011) 151 MEMORANDUM AND ORDER. For the reasons set forth in this memorandum and order, Gucci's request for permission to move for an order compelling Defendants to produce foreign sales and cost information relating to the allegedly infringing products is denied. (Signed by Magistrate Judge James L. Cott on 5/25/11) Copies Sent By Chambers via ECF. (rjm) (Entered: 05/25/2011)

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152 NOTICE OF APPEARANCE by Karin Fromson Segall on behalf of Swank, Inc. (Segall, Karin) (Entered: 05/31/2011) Minute Entry for proceedings held before Judge Shira A. Scheindlin: Pre-Motion Conference held on 6/6/2011. (ft) (Entered: 06/08/2011) ***DELETED ENTRY. Deleted Minute Entry for 6/6/11. The document was incorrectly filed in this case. (ft) (Entered: 06/08/2011) 153 TRANSCRIPT of Proceedings re: Conference held on 6/6/2011 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/18/2011. Redacted Transcript Deadline set for 7/28/2011. Release of Transcript Restriction set for 9/26/2011.(McGuirk, Kelly) (Entered: 06/23/2011) 154 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 6/6/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (McGuirk, Kelly) (Entered: 06/23/2011) 155 TRANSCRIPT of Proceedings re: Conference held on 6/6/2011 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/15/2011. Redacted Transcript Deadline set for 8/25/2011. Release of Transcript Restriction set for 10/24/2011.(McGuirk, Kelly) (Entered: 07/22/2011) 156 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 6/6/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (McGuirk, Kelly) (Entered: 07/22/2011) Minute Entry for proceedings held before Judge Shira A. Scheindlin: Pre-Motion Conference held on 8/4/2011. (ft) (Entered: 08/16/2011) ***DELETED DOCUMENT. Deleted document number 157 Transcript. The document was incorrectly filed in this case. (tro) (Entered: 08/09/2011) 157 TRANSCRIPT of Proceedings re: Argument held on 8/4/2011 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript

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Restriction. After that date it may be obtained through PACER. Redaction Request due 9/8/2011. Redacted Transcript Deadline set for 9/19/2011. Release of Transcript Restriction set for 11/17/2011.(McGuirk, Kelly) (Entered: 08/15/2011) 08/15/2011 158 TRANSCRIPT of Proceedings re: Argument held on 8/4/2011 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/8/2011. Redacted Transcript Deadline set for 9/19/2011. Release of Transcript Restriction set for 11/17/2011.(McGuirk, Kelly) (Entered: 08/15/2011) 159 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Argument proceeding held on 8/4/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (McGuirk, Kelly) (Entered: 08/15/2011) 160 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Louis E. Ederer dated 8/9/11 re: On behalf of our client, plaintiff Gucci America, Inc. ("Gucci"), we write in follow-up to the conference held before Your Honor on August 4, 2011, and to respectfully request that the Court reconsider certain determinations made at the conference with respect to the exclusion of Gucci's (and Guess's) survey expert reports, without having reviewed the reports and without a full motion record. ENDORSEMENT: Request granted in part. The Court will reconsider its determinations as to exclusion of the expert surveys. The parties are ordered to brief all Daubert challenges in one 25-page motion with one 25-page opposition and one 10-page reply. The only exhibits permitted are the expert reports and the depositions of the experts. The parties' motions are due 8/29/11; oppositions due 9/12/11; replies due 9/22/11. If the parties conclude that their briefing of the summary judgment motion depends on the Courts ruling on the Daubert motions, then the summary judgment briefing schedule is suspended sine die. Otherwise, the summary judgment briefing schedule remains the same. So ordered. (Motions due by 8/29/2011. Responses due by 9/12/2011. Replies due by 9/22/2011.) (Signed by Judge Shira A. Scheindlin on 8/15/11) (rjm) (Entered: 08/16/2011) 161 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Robert C. Welsh dated 8/17/11 re: Counsel requests that the Court amend the existing summary judgment schedule such that Guess has two weeks following the Court's ruling on the parties' Daubert motions. ENDORSEMENT: Request granted. The summary judgment motion shall be done within two (2) weeks after the Court rules on the parties' Daubert motions. (Signed by Judge Shira A. Scheindlin on 8/17/2011) (mro) (Entered: 08/18/2011) 162 SEALED DOCUMENT placed in vault.(mps) (Entered: 08/29/2011)

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163 MOTION in Limine. Document filed by Guess, Inc., K&M Associates L.P., Sequel AG, Signal Products, Inc., Swank, Inc., The Max Leather Group/Cipriani Accessories, Inc., Viva Optique, Inc..(Welsh, Robert) (Entered: 08/29/2011) 164 MOTION in Limine To Exclude Defendant Guess?, Inc.'s Proposed Expert Opinions, Testimony and Surveys of Dr. Myron J. Helfgott and Dr. Carol A. Scott. Document filed by Gucci America, Inc..(Ederer, Louis) (Entered: 08/29/2011) 165 DECLARATION of Louis S. Ederer in Support re: 164 MOTION in Limine To Exclude Defendant Guess?, Inc.'s Proposed Expert Opinions, Testimony and Surveys of Dr. Myron J. Helfgott and Dr. Carol A. Scott.. Document filed by Gucci America, Inc.. (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit B, # 4 Exhibit C)(Ederer, Louis) (Entered: 08/29/2011) 166 MEMORANDUM OF LAW in Support re: 164 MOTION in Limine To Exclude Defendant Guess?, Inc.'s Proposed Expert Opinions, Testimony and Surveys of Dr. Myron J. Helfgott and Dr. Carol A. Scott.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 08/29/2011) 167 ORDER: The Clerk of the Court is directed to unseal certain documents previously filed under seal in the above-captioned case. Specifically, the Clerk is directed to unseal all but one of the documents submitted by Guess? Inc. in conjunction with its Motion to Exclude the Surveys of Dr. Michael Rappeport, George Mantis, and Dr. Michael B. Mazis [Docket Nos. 162 & 163]. The only document that should remain under seal is Exhibit C to Dr. Shari Seidman Diamond's 6/24/11 Rebuttal Report. (Signed by Judge Shira A. Scheindlin on 9/2/2011) (lmb) (Entered: 09/02/2011) Transmission to Sealed Records Clerk. Transmitted re: 167 Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (lmb) (Entered: 09/02/2011) 168 DECLARATION of Robert C. Welsh in Support of Guess, Inc.'s Motion to Exclude the Surveys of Dr. Michael Rappeport, George Mantis, and Dr. Michael B. Mazis. Document filed by Guess, Inc. (This document was previously filed under seal in envelope #162 and unsealed on 9/2/11.) (mro) (Entered: 09/08/2011) 169 MEMORANDUM OF LAW in Support of Guess, Inc.'s Motion to Exclude the Surveys of Dr. Michael Rappeport, George Mantis, and Dr. Michael B. Mazis. Document filed by Guess, Inc. (This document was previously filed under seal in envelope #162 and unsealed on 9/2/11.)(mro) (Entered: 09/08/2011) 170 MEMORANDUM OF LAW in Opposition re: 164 MOTION in Limine To Exclude Defendant Guess?, Inc.'s Proposed Expert Opinions, Testimony and Surveys of Dr. Myron J. Helfgott and Dr. Carol A. Scott.. Document filed by Guess, Inc., K&M Associates L.P., Sequel AG, Signal Products, Inc., Swank, Inc., The Max Leather Group/Cipriani Accessories, Inc., Viva Optique, Inc.. (Welsh, Robert) (Entered: 09/12/2011) 171 DECLARATION of Louis S. Ederer in Opposition re: 163 MOTION in Limine.. Document filed by Gucci America, Inc.. (Attachments: # 1 Exhibit A1, # 2 Exhibit

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A2, # 3 Exhibit A3, # 4 Exhibit A4, # 5 Exhibit A5, # 6 Exhibit A6, # 7 Exhibit A7, # 8 Exhibit A8, # 9 Exhibit B)(Ederer, Louis) (Entered: 09/12/2011) 09/14/2011 172 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Louis S. Ederer dated 9/12/2011 re: request that its Memorandum of Law be filed under seal, or that Gucci be granted permission to file a redacted memorandum of law that excludes all material so designated. ENDORSEMENT: Request Granted in Part. Gucci may file a redacted Memorandum of Law that excludes material designated "Confidential" or "Highly Confidential-Attorneys Eyes Only". SO ORDERED. (Signed by Judge Shira A. Scheindlin on 9/14/2011) (ama) (Entered: 09/14/2011) 173 MEMORANDUM OF LAW in Opposition re: 163 MOTION in Limine.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 09/15/2011) 174 REPLY MEMORANDUM OF LAW in Support re: 163 MOTION in Limine.. Document filed by Guess, Inc., K&M Associates L.P., Sequel AG, Signal Products, Inc., Swank, Inc., The Max Leather Group/Cipriani Accessories, Inc., Viva Optique, Inc.. (Welsh, Robert) (Entered: 09/22/2011) 175 REPLY MEMORANDUM OF LAW in Support re: 164 MOTION in Limine To Exclude Defendant Guess?, Inc.'s Proposed Expert Opinions, Testimony and Surveys of Dr. Myron J. Helfgott and Dr. Carol A. Scott.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 09/22/2011) 176 OPINION AND ORDER re:#101038 164 MOTION in Limine To Exclude Defendant Guess?, Inc.'s Proposed Expert Opinions, Testimony and Surveys of Dr. Myron J. Helfgott and Dr. Carol A. Scott filed by Gucci America, Inc., 163 MOTION in Limine filed by Signal Products, Inc., Guess?, Inc., The Max Leather Group/Cipriani Accessories, Inc., Swank, Inc., K&M Associates L.P., Sequel AG, Viva Optique, Inc. For the reasons given above, Gucci's motion is granted in part and denied in part as follows: the Helfgott Surveys are excluded on all of the issues for which Guess offers them. The Scott Survey is admissible on the issue of laches, but, like the Helfgott Surveys, excluded on the remainder of the issues for which Guess offers it. For the reasons given above, Guess's motion is granted in part and denied in part as follows: the Mantis Survey is inadmissible on the issue of postsale confusion. The Mazis Survey is admissible on the issue of association as itrelates to dilution. The Clerk of the Court is directed to close these motions (Docket Nos. 162 and 163). A hearing is scheduled for December 2, 2011 at 4:30p.m. (Signed by Judge Shira A. Scheindlin on 11/16/2011) (cd) Modified on 11/21/2011 (jab). (Entered: 11/17/2011) Set/Reset Hearings: Hearing set for 12/2/2011 at 04:30 PM before Judge Shira A. Scheindlin. (cd) (Entered: 11/17/2011) 177 ORDER: The conference currently scheduled for December 2, 2011 at 4:30 p.m. shall serve as a summary judgment pre-motion conference. The briefing schedule will be set at that conference (Signed by Judge Shira A. Scheindlin on 11/18/2011) (cd) (Entered: 11/21/2011)

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Minute Entry for proceedings held before Judge Shira A. Scheindlin: Pre-Motion Conference held on 12/2/2011. (lmb) (Entered: 01/09/2012) 178 TRANSCRIPT of Proceedings re: Conference held on 12/2/2011 before Judge Shira A. Scheindlin. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/3/2012. Redacted Transcript Deadline set for 1/12/2012. Release of Transcript Restriction set for 3/9/2012.(McGuirk, Kelly) (Entered: 12/07/2011) 179 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 12/2/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (McGuirk, Kelly) (Entered: 12/07/2011) 180 MEMORANDUM OF LAW in Opposition to Gucci America, Inc's Motion for Reargument and/or Reconsideration of the Court's November 16, 2011 Opinion and Order. Document filed by Guess, Inc.. (Welsh, Robert) (Entered: 12/09/2011) 181 SEALED DOCUMENT placed in vault.(nm) (Entered: 12/15/2011) 182 MOTION for Summary Judgment. Document filed by Guess, Inc., K&M Associates L.P., Sequel AG, Signal Products, Inc., Swank, Inc., The Max Leather Group/Cipriani Accessories, Inc., Viva Optique, Inc..(Welsh, Robert) (Entered: 12/15/2011) 183 MEMORANDUM OF LAW in Support re: 182 MOTION for Summary Judgment.. Document filed by Guess, Inc., K&M Associates L.P., Sequel AG, Signal Products, Inc., Swank, Inc., The Max Leather Group/Cipriani Accessories, Inc., Viva Optique, Inc.. (Welsh, Robert) (Entered: 12/15/2011) 184 DECLARATION of Robert C. Welsh in Support re: 182 MOTION for Summary Judgment.. Document filed by Guess, Inc., K&M Associates L.P., Sequel AG, Signal Products, Inc., Swank, Inc., The Max Leather Group/Cipriani Accessories, Inc., Viva Optique, Inc.. (Attachments: # 1 Exhibit A to R. Welsh Declaration, # 2 Exhibit B thru D, # 3 Exhibit E - Part 1 of 6, # 4 Exhibit E - Part 2 of 6, # 5 Exhibit E - Part 3 of 6, # 6 Exhibit E - Part 4 of 6, # 7 Exhibit E - Part 5 of 6, # 8 Exhibit E - Part 6 of 6, # 9 Exhibit F - Part 1 of 3, # 10 Exhibit F - Part 2 of 3, # 11 Exhibit F - Part 3 of 3, # 12 Exhibit G - Part 1 of 3, # 13 Exhibit G - Part 2 of 3, # 14 Exhibit G - Part 3 of 3, # 15 Exhibit H, # 16 Exhibit I - Part 1 of 11, # 17 Exhibit I - Part 2 of 11, # 18 Exhibit I - Part 3 of 11, # 19 Exhibit I - Part 4 of 11, # 20 Exhibit I Part 5 of 11, # 21 Exhibit I - Part 6 of 11, # 22 Exhibit I - Part 7 of 11, # 23 Exhibit I - Part 8 of 11, # 24 Exhibit I - Part 9 of 11, # 25 Exhibit I - Part 10 of 11, # 26 Exhibit I - Part 11 of 11, # 27 Exhibit J - Part 1 of 3, # 28 Exhibit J - Part 2 of 3, # 29 Exhibit J - Part 3 of 3, # 30 Exhibit K thru M, # 31 Exhibit N, # 32 Exhibit O)(Welsh, Robert) (Entered: 12/15/2011)

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185 RULE 56.1 STATEMENT. Document filed by Guess, Inc., K&M Associates L.P., Sequel AG, Signal Products, Inc., Swank, Inc., The Max Leather Group/Cipriani Accessories, Inc., Viva Optique, Inc.. (Welsh, Robert) (Entered: 12/15/2011) 186 MEMORANDUM OPINION AND ORDER:#101159 Gucci's motion for reconsideration is granted. The Mantis Survey is relevant and therefore admissible -on two narrow issues. First, it is relevant to the issue of post-sale consumer confusion allegedly caused by Guess Quattro G bags in those post-sale situations where the casual observer will not see permanent Guess-identifying ornamentation. Second, it its relevant to the issue of whether the test bag itself infringes Gucci's trademark and trade dress rights. Guess shall be entitled to five additional pages in its summary judgment papers to address these issues. (Signed by Judge Shira A. Scheindlin on 12/15/2011) (ft) Modified on 12/21/2011 (jab). (Entered: 12/16/2011)

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187 NOTICE OF WITHDRAWAL OF APPEARANCE AS COUNSEL: I, Atul R. Singh, respectfully request the withdrawal of my appearance as counsel for defendant, Swank, Inc. ("Swank"), in the above action. I am no longer representing Swank in the above action, which continues to be represented by Mr. Paul Fields of Leason Ellis LLP and Mr. Robert Welsh of O'Melveny & Myers LLP. As such, I respectfully request that the Clerk of Court remove my name and e-mail address from the ECF notifications list and/or any other service lists. (Signed by Judge Shira A. Scheindlin on 12/21/2011) (lmb) (Entered: 12/21/2011) 188 MOTION for Summary Judgment. Document filed by Marc Fisher Footwear LLC.(Saunders, Darren) (Entered: 12/21/2011) 189 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 188 MOTION for Summary Judgment., 182 MOTION for Summary Judgment.. Document filed by Marc Fisher Footwear LLC. (Saunders, Darren) (Entered: 12/21/2011) 190 DECLARATION of Darren W. Saunders in Support re: 188 MOTION for Summary Judgment., 182 MOTION for Summary Judgment.. Document filed by Marc Fisher Footwear LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Saunders, Darren) (Entered: 12/21/2011) 191 RULE 56.1 STATEMENT. Document filed by Marc Fisher Footwear LLC. (Saunders, Darren) (Entered: 12/21/2011) 192 SEALED DOCUMENT placed in vault.(mps) (Entered: 12/22/2011) 193 MEMO ENDORSEMENT on Notice of Withdrawal of Appearance as Counsel. SO ORDERED. Attorney Abigail Anne Rubinstein terminated. (Signed by Judge Shira A. Scheindlin on 12/23/2011) (ft) (Entered: 12/23/2011) 194 NOTICE OF CHANGE OF ADDRESS by Kristin Marie Darr on behalf of Signal Products, Inc.. New Address: Steptoe & Johnson, LLP, 1114 Avenue of the Americas, New York, New York, United States of America 10036, 212-506-3900. (Darr, Kristin) (Entered: 01/11/2012)

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01/27/2012

195 ORDER: In a letter dated January 20, 2012, Defendants requested permission to file a reply to Plaintiffs's statement of additional material facts as to which it contends there is a genuine issue to be tried, filed pursuant to Local Rule 56.1 (b). Defendants also requested a short extension of the summary judgment briefing schedule in order to prepare such a reply. In a letter dated the same day, Plaintiff stated that it did not oppose either request. While Plaintiff's fifty page Rule 56.1 statement flagrantly violates my individual rules limiting such statements to twenty-five pages unless prior approval is granted, further submissions from the Defendants will be neither necessary nor helpful in deciding the pending motions. Accordingly, Defendants' requests are denied. (Signed by Judge Shira A. Scheindlin on 1/26/2012) (lmb) (Entered: 01/27/2012) 196 OPINION AND ORDER re: 188 MOTION for Summary Judgment filed by Marc Fisher Footwear LLC, 182 MOTION for Summary Judgment filed by Signal Products, Inc., Guess?, Inc., The Max Leather Group/Cipriani Accessories, Inc., Swank, Inc., K&M Associates L.P., Sequel AG, Viva Optique, Inc. For the reasons discussed, Guess is entitled to summary judgment on Gucci's dilution claims relating to the Square G and Quattro G designs. With respect to all other claims, the motions are denied. The Clerk of the Court is directed to close these motions (Docket Nos. 182 and 188). A final pre-trial conference is scheduled for March 13,2012 at 5:30 p.m. (Signed by Judge Shira A. Scheindlin on 2/14/2012) (mro) Modified on 2/14/2012 (mro). (Entered: 02/14/2012) Set/Reset Hearings: Final Pretrial Conference set for 3/13/2012 at 05:30 PM before Judge Shira A. Scheindlin. (mro) (Entered: 02/14/2012) 197 MEMORANDUM OF LAW in Opposition re: 188 MOTION for Summary Judgment., 182 MOTION for Summary Judgment.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 02/15/2012) 198 COUNTER STATEMENT TO 191 Rule 56.1 Statement, 185 Rule 56.1 Statement. Document filed by Gucci America, Inc.. (Attachments: # 1 Part 2, # 2 Part 3, # 3 Part 4, # 4 Part 5, # 5 Part 6)(Ederer, Louis) (Entered: 02/15/2012) 199 DECLARATION of Louis S. Ederer in Opposition re: 188 MOTION for Summary Judgment., 182 MOTION for Summary Judgment.. Document filed by Gucci America, Inc.. (Ederer, Louis) (Entered: 02/15/2012)

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