Defendant MGA Entertainment, Inc.'s First Set of Interrogatories on Plaintiff Karen Dudnikov.         Defendant MGA Entertainment, Inc. pursuant to Rule 33 of the Federal Rules of Civil Procedure requests that Plaintiff Karen Dudnikov answer under oath the following interrogatories DEFINITIONS         1. "DOCUMENT" has the same meaning as in the Federal Rules of Civil Procedure and includes the original and any non-identical copy, regardless of origin or location, or any written, typewritten, drawn, charted, recorded, transcribed, punched, taped, filmed or graphic matter, however produced or reproduced, now or formerly in your possession, custody, or control, including, but not limited to, any drawing, photograph, book, pamphlet, periodical, letter, correspondence, telegram, invoice, contract, purchase order, estimate, report, memorandum, intra-office COMMUNICATION, computer databases, data sheets, data processing cards, tapes, disc recordings, electronic mail, computer files, computer notes, computer images, diskettes, memoranda, work papers, work sheets, work records, literature, reports, notes, drafts, diaries, messages, telegrams, book, ledgers, publications, advertisements, brochures, price lists, cost sheets, estimating sheets, bills, bids, time cards, invoices, receipts, purchase orders, contracts, telephone records, and any other records, writings or computer input or output, working paper, record, study, paper, chart, graph, index, and any transcription(s) thereof, and all other memorializations(s) of any conversation(s), meeting(s), and conference(s), by telephone or otherwise. The term DOCUMENT also means every copy of a COCUMENT where such copy is not an identical duplicate of the original, whether because of deletions, underliings, showing of blind copies, initialing, signatures, receipt stamps, comments, notations, differences in stationery or other difference or modification of any kind.         2. "COMMUNICATION" means an exchange or transmittal of information by any means, including but not limited to exchange or transmittal by DOCUMENT, in person meeting, conversation, correspondence, wire, telephone, telecopy, telegram, telex or other electronic transmission, including electronic mail transmissions.         3. "PERSON" or "PERSONS" means any or all entities, including, but not limited to, any or all individuals, single proprietorships, associations, companies, firms, partnerships, joint ventures, corporations, employees, or former employees, or any other business, governmental, or labor entity, and any divisions, departments, or other units thereof.         4. The singular and plural forms of words are used interchangeably, as are the masculine and feminine forms and the present and past tenses of verbs.         5. "IDENTIFY" means:                A. when used in reference to a natural person, to state the individuals' full name, present or last known residence and business addresses, social security number, present or last known position and business affiliation, and present or last known e-mail and telephone number;                B. when used in reference to a corporation, partnership, or other entity, to state the full and complete corporate name, the organization format (e.g., corporation, partnership, limited liability partnership), the present or last known address of its principal place of business, the present or last known e-mail address and telephone number, the date on which it commenced doing business, each and every officer of the company, and each and every stockholder of a corporation or partner of a partnership, or anyone holding an equity interest in the entity;                C. when used in reference to a DOCUMENT, to state the date, identity of the author, addressee(s), signatories, parties, or other persons identified therein, the type of DOCUMENT (e.g., letter, memorandum, chart, etc.), its present location or custodian and a brief topical description of its contents; and                D. when used in reference to a COMMUNICATIN, to state the date, IDENTIFY the parties, the type of COMMUNICATION, and a brief description of its contents.         6. "RELATE TO' and 'RELATING TO' mean in any way directly or indirectly, concerning, referring to, pertaining to, mentioning, discussing, describing, disclosing, confirming, supporting, evidencing, representing, or being connected with a stated subject matter or any aspect thereof.         7. "AND" and 'OR' mean either the conjunctive or the disjunctive as context may require so that the meaning of the term is inclusive rather than exclusive.         8. "COMPLAINT' means and refers to the Complaint filed by Karen Dudnikov and Michael Meadors in the United States District Court for the District of Colorado case styled Dudnikov v. MGA Entertainment, Inc., Case No 03-D-2512(PAC).         9. "PLAINTIFFS' means and refers to Karen Dudnikov and Michael Meadors, and anyone else purporting to act, directly or indirectly, on PLAINTIFFS' behalf or under their direction or control.         10. 'DEFENDANT' means and refers to MGA Entertainment, Inc.         11. "You" and "YOUR" mean and refer to Karen Dudnikov.         12. The 'BRATZ COPYRIGHTS" man and refer to DEFENDANT'S numerous federal copyright registrations for its BRATZ characters including, but not limited to "Cloe," "Jade," "Sasha" and "Yasmin" (the "BRATZ characters"), and its line of fashion dolls called the BRATZ dolls (the "BRATZ Dolls"), which are three-dimensional depictions of the BRATZ Characters.         13. The 'BRATZ TRADEMARKS" mean and refer to DEFENDANT'S numerous BRATZ COMMON LAW TRADEMARKS (as defined below) and federally-registered trademarks, including, but not limited to, the BRATZ and BRATZ PACJ marks, the names of several of the BRATZ Characters including, but not limited to, CLOE, JADE, SASHA and YASMIN, and the mark THE GIRLS WITH A PASSION FOR FASHION.         14. The "BRATZ PACKAGING TRADE DRESS" means and refers to the unique non-functional shape of the trapezoidal display packaging, encasing DEFENDANT'S BRATZ products, the arrangement and placement of images of the BRATAZ Characters and the BRATZ Trademarks on the product packaging, the type-style, colors, color printing style, and the display of the accessories for DEFENDANT'S goods in the packaging for the BRATZ Dolls.         15. The "BRATZ PRODUCT CONFIGURATION TRADE DRESS" means and refers to the unique elements of the BRATZ Dolls including, but not limited to, oversized heads with prominent jawbones; almond-shaped eyes with multi-colored eye makeup; stylable hair; full lips with lipstick; noses that are reduced in size,; slender bodies that bend at the waits; slim arms; noticeable (but not oversized) chests; long slim legs that move forward and backward and that flex at the knee, but do not move side to side; and oversized, removable feet with shoes.         16. The "BRATZ COMMON LAW TRADEMARKS" means and refers to the distinctive trade names, trademarks, designs, symbols and logos used by Defendant by virtue of its extensive manufacture, distribution, promotion, advertising, licensing, offering for sale and sale of a wide variety of goods bearing such trade names, trademarks, designs, symbols, and logos.         17. The "BRATZ PROPERTY" means and refers to DEFENDANT'S rights in and to the internationally famous BRATZ Characters and the BRATZ Dolls, which include all intellectual and industrial property rights associated therewith, including, without limitation, all copyrights, patents, trademarks, industrial designs, trade secrets, contract and licensing rights, design rights, moral rights and trade dress rights in and to the BRATZ Characters, the BRATZ Dolls and the BRATZ Packaging Trade Dress, consisting of the distinctive packaging in which such dolls, playsets and accessories are sold, as well as the BRATZ Product Configuration Trade Dress, in any country of the world.         18. "PLAINTIFFS' PRODUCTS" means and refers to the products advertised, manufactured (or caused to be manufactured), distributed, sold, offered for sale and/or otherwise exploited by PLAINTIFFS including, but not limited to, (1) products that are custom-made and/or hand-made by PLAINTIFFS; (2) products that are described on PLAINTIFFS' website and/or in PLAINTIFFS' eBay auction listings including, but not limited to, aprons, baby products, blankets, Christmas items, checkbook covers, curtains, eyeglass cases, magnets, pajamas, pillows, placemats, potholders, quillows, throws, tissue box covers, totebags and towels; and (3) products that are manufactured by PLAINTIFFS using fabric and/or other items depicting copyrights and/or trademarks of third parties, including, but not limited to, Bambi, Barbie, Betty Boop, Charlie Brown, Buzz Lightyear, Clifford the Big Red Dog, Corvette, Coca-Cola, Curious George, Dale Earnhardt, Sr., Dale Earnhardt, Jr., Elmo, Garfield, Jeff Gordon, Harry Potter, Terry LaBonte, Linus, M&M's, Mark Martin, Mickey Mouse, Minnie Mouse, NASCAR, The Peanuts Gang, Raggedy Ann, Sesame Street, Snoopy, Snow White, Tigger, Tinkerbell and Winnie the Pooh.         19. 'BRATZ HAT' means and refers to the hat offered for sale by PLAINTIFFS in eBay Auction No. 296833612. INSTRUCTIONS         1. YOU are to answer each interrogatory separately and fully unless it is objected to in which case the reason(s) for the objection should be stated. The answers are to be signed by YOU and the objections, if any, are to be signed by the attorney making the.         2. These interrogatories are continuing, requiring you to supplement YOUR responses in accordance with Federal Rules of Civil Procedure 26(e) with respect to any information within the scope of these interrogatories as may be located or acquired following YOUR initial response.         3. The specific or duplicative or overlapping nature of any of the interrogatories set forth below shall not be construed to limit the generality or breadth of any other interrogatories contained in this or any other set of interrogatories.         4. When, after a reasonable and thorough investigation using due diligence, YOU are unable to answer any interrogatory, or some part thereof, because of the lack of information available to YOU, specify, in full and complete detail, the reason the information is not available to YOU and what has been done to locate such information, In addition, specify what knowledge YOU do have concerning the unanswered portion of the interrogatory and set forth the facts upon of the interrogatory and set forth the facts upon which such knowledge is based.         5. Where an interrogatory does not request a specific fact, but where a specific fact or facts are necessary to make the answer to the interrogatory either comprehensible, complete or not misleading, YOU are requested to include such fact or facts as part of the answer and the interrogatory shall be deemed specifically to request such fact or facts.         6. In answering these interrogatories, YOU are to furnished all information available to you, including information in the possession of YOUR attorneys, and not merely such information known of the personal knowledge of DEFENDNAT. If YOU refer to a DOCUMENT, memorandum, record, paper, letter or written or printed material of any kind for the purpose of answering any interrogatory, IDENTIFY such DOCUMENT as defined herein.         7. If, because of a claim of privilege, YOU do not answer any interrogatory, or you withhold any DOCUMENT or thing, YOU shall set forth the privilege claimed, the facts upon which YOU rely to support the claim of privilege, and furnish a list identifying each DOCUMENT or thing for which the privilege is claimed, together with the following information:         a. a brief description of the nature and subject matter of the DOCUMENT or thing, including the title and type of DOCUMENT (i.e. whether it is a letter, memorandum, drawing, etc.,) or thing;                b. the DOCUMENT'S or thing's date of creation;                c. the identity of the author(s) or creator(s);                d. the identity of the PERSON(S) to whom the DOCUMENT is addressed or to whom the thing has been provided, including all PERSON(S) who received copies, reproductions, or other representations of the DOCUMENT or thing;                e. the identity of the PERSONS(S) to whom the DOCUMENT or thing was sent;                f. the total number of pages for the DOCUMENT; and                g. the interrogatory to which the DOCUMENT, withheld information, or thing is other responsive. INTERROGATORIES Karen Dudnikov is requested to answer the following interrogatories: INTERROGATORY NO. 1         List all products bearing the BRATZ PROPERTY that PLAINTIFFS have obtained. INTERROGATORY NO. 2         For each product listed in response to the previous interrogatory, IDENTIFY each source from which PLAINTIFFS obtained each product. INTERROGATORY NO. 3         List all products manufactured, distributed, advertised, offered for sale, or sold by PLAINTIFFS, including for each product, the type of product and any intellectual property featured on each product. INTERROGATORY NO. 4         For each product sold by PLAINTFFS, list the date of such sale and IDENTIFY the purchaser of such product. INTERROGATORY NO. 5         State the total number of each product sold by PLAINTIFFS. INTERROGATORY NO. 6         Describe the nature and manner of all safety and/or quality control steps PLAINTIFFS have taken with respect to PLAINTIFFS' PRODUCTS. INTERROGATORY NO. 7         State whether PLAINTIFFS have performed flammability tests on all of PLAINTFFS' PRODUCTS, including the BRATZ HAT. INTERROGATORY NO. 8         State whether PLAINTEFFS performed a flammability test on the BRATZ HAT before listing it for sale on eBay.com INTERROGATORY NO. 9         Describe any and all legal opinions requested and/or received by PLAINTIFFS regarding their rights to offer for sale PLAINTIFFS' PRODUCTS. INTERROGATORY NO. 10         IDENTIFY all PERSONS to which PLAINTIFFS have offered advice and/or suggestions regarding the manufacture, distribution, sale, offer for sale and/or other exploitation of products bearing the intellectual properties of third parties. INTERROGATORY NO. 11         List all web sites on which PLAINTIFFS have made postings regarding the creation, distribution, offer for sale, or sale of products bearing copyrights or trademarks of others. INTERROGATORY NO. 12         State whether there has been any instance of mistake or confusion concerning the source of PLAINTFFS' PRODUCS, including but not limited to instances in which other PERSONS have inquired as to the authenticity or nature of PLAINTFFS' PRODUCTS. INTERROGATORY NO. 13         If the answer to the preceding interrogatory is other than an unqualified negative, IDENTIFY all PERSONS involved in any such instances and all DOCUMENTS referring or relating thereto. INTERROGATORY NO. 14         Describe all complaints and/or comments PLAINTIFFS have received regarding the quality of PLAINTIFFS' PRODUCTS. INTERROGATORY NO. 15         State all facts that support PLAINTIFFS' contention, as set forth in paragraph 6 of the COMPLAINT that "defendant has actively engaged in threatening and intimidating persons who have attempted to sell the aforementioned items on eBay" INTERROGATORY NO. 16         State all facts that support PLAINTFFS' contention, as set forth in paragraph 8 of the PLAINTFFS' Motion or Summary Judgment or in the Alternative Declaratory Judgment ("MSJ"), that DEFENDANT ordered the termination of PLAINTIFFS' eBay Auction No. 296833612. INTERROGATORY NO. 17         State all facts that support PLAINTFFS' contention, as set forth in paragraph 11 of the Affidavit of Michael Meadors in Support of PLAINTIFFS' Reply to Defendant's Opposition to the MSJ, that PLAINTIFFS used "the appliqué and accessories as obviously intended." INTERROGATORY NO. 18         State all facts that support PLAINTIFFS' contention that DEFENDANT did not have a good faith belief that PLAINTIFFS' eBay Auction No. 296833612 infringed DEFENDANT'S rights. INTERROGATORY NO. 19         State all facts that support PLAINTIFFS' contention, as set forth in paragraph 17 of the Complaint, that DEFENDANT'S alleged statement to eBay that "the article offered in this auction, a fleece hat with a Bratz appliqué on it, was an infringing item" was deliberately false. INTERROGATORY NO. 20         State all facts that support PLAINTFFS' contention, as set forth in paragraph 18 of the Complaint, that PLAINTIFFS, had an existing contract regarding eBay Auction No. 296833612. Dated: June 18, 2004 KEATS, MCFARLAND & WILSON LLP David K. Caplan Attorneys for Defendant MGA Entertainment, Inc.