How have courts treated the issue of 'good cause' in the context of an audit in a patent, copyright and trademark infringement case?

California, United States of America


The following excerpt is from Elmore v. Superior Court In and For Fresno County, 255 Cal.App.2d 635, 63 Cal.Rptr. 307 (Cal. App. 1967):

The cases cited by Valley are distinguishable. They are mainly patent, copyright and trademark infringement suits where it was clear that the defendants would have been unduly burdened and subjected to unfair exposure to their competitors if an audit had been allowed before the patent, copyright or trademark infringements had been established. On the other hand, the case of Hauk v. Superior Court, 61 Cal.2d 295, 38 Cal.Rptr. 345, 391 P.2d 825, although not concerned with 'good cause,' is authoritative on the extent of the trial court's discretion in a situation similar to that before us. Just as in the instant petition, defendants there also argued that a plaintiff must establish his right to an audit before the court will compel a defendant to answer questions relating to gains and profits from certain business transactions.

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