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Maui Jim v. Smartbuy Guru Enterprises

During the course of hard-fought trademark and copyright litigation between a sunglasses manufacturer and a third-party reseller, the parties exchanged discovery under an agreed protective order and then, by mutual agreement, filed cross-motions for summary judgment with substantial redactions in the public filings and some filed some briefs entirely under seal. In granting summary judgment in part and denying it in part, the trial court issued an opinion with substantial redactions. On behalf of Professor Rebecca Tushnet, we moved for leave to intervene and to unseal the summary judgment opinion and its supporting papers, relying on the common law and First Amendment right of access to judicial records.