WWP, Inc. v. Wounded Warriors Family Support, Inc.

WWP (plaintiff), a veterans' charity, sued a newer, similarly named charity, WWFS (defendant), for trademark infringement and unfair competition, alleging WWFS's donation website mimicked WWP's design and confused donors into giving to WWFS by mistake — WWFS's monthly donations jumped from $1,300 to over $87,900 after its site launched, and WWP's expert estimated over $2 million in misdirected-donation damages. During discovery, WWFS demanded all of WWP's donation records dating back to 2002 — covering tens of thousands of donors — which WWP refused to produce. The district court denied WWFS's motion to compel, finding the request overbroad and unduly burdensome, and a jury ultimately found for WWP.

Whether, under Federal Rule of Civil Procedure 26(b)(1), a court may deny a party's overly broad and unduly burdensome discovery request if the party made no effort to limit the scope of the request.