[PROPOSED] PROTECTIVE ORDER PURSUANT TO 15 U.S.C. § 1116(D)(7).

VIRGINIA A. PHILLIPS, District Judge.

WHEREAS, on June 24, 2014;, Plaintiffs North Atlantic Operating Company, Inc., and National Tobacco Company, L.P. (together, "North Atlantic") commenced the above-captioned action and applied for, inter alia, an ex parte seizure order against the Defendants at 15419 Tamarack Drive, Victorvile, California 92392, under the Lanham Act, 15 U.S.C. § 1116(d), (see Dkt. 1-13);

WHEREAS, the Court granted North Atlantic's application and issued an ex parte seizure order against Defendants allowing North Atlantic to search, seize, copy, and sequester certain materials in Defendants' possession, custody, or control at that location, (Dkt. 21 (the "Seizure Order"));

WHEREAS, North Atlantic executed the Seizure Order and, on July 8, 2014, seized (a) counterfeit, infringing, and unauthorized products bearing the ZIG-ZAG® and NAOC® Trademarks (as defined in North Atlantic's Complaint (Dkt. 1)); and (b) business records, invoices, correspondence, e-mails, bank records, computers, hand held electronic devices, cell phones, electronic storage media, books of account, receipts, and other documentation relating to the distribution, sale, offer for sale, importation, and manufacture of ZIG-ZAG® products, (see Dkt. 28-1 (Inventory of Seized Items at 15419 Tamarack Drive)) (collectively, the "Seized Items"); and

WHEREAS, the Lanham Act, 15 U.S.C. § 1116(d)(7), requires that the Court enter an appropriate protective order to ensure that confidential, private, proprietary, or privileged information is not improperly disclosed or used;

NOW THEREFORE, IT IS HEREBY ORDERED, that North Atlantic shall treat the Seized Items as confidential and shall not improperly disclose them to third parties;

ORDERED, that if any Seized Items contain sensitive non-public information, or information that Defendants allege is privileged, then Defendants shall notify North Atlantic within 21 days and explain the valid, good faith basis for such designation. The parties may stipulate, or the Court may order that additional protections or confidentiality restrictions shall apply. In the event of disagreement, the part requesting additional protections or confidentiality restrictions, or claiming privilege shall have the burden of proving that the information at issue is entitled to further protections or restrictions, or is privileged;

ORDERED, that if Seized Items are improperly disclosed, North Atlantic shall immediately bring all pertinent facts relating to such disclosure to the attention of Defendants and make reasonable efforts to retrieve such Seized Items to prevent further improper disclosure;

ORDERED, that in the event either part violates or threatens to violate the terms of this Order, the aggrieved part may immediately apply to the Court for appropriate injunctive relief. The Court shall retain jurisdiction over the parties as it pertains to violations or threatened violations of this Order; and

ORDERED, that nothing herein shall prevent a part from using any Seized Items at depositions, in the course of litigation, or in good faith in connection with North Atlantic's investigation of counterfeit ZIG-ZAG® Cigarette Paper Products.

IT IS SO ORDERED.