United States District Court, D. Arizona
MURRAY SNOW, CHIEF UNITED STATES DISTRICT JUDGE
before the Court is Non-Party TangoDown, Inc.'s
(“TangoDown”) Motion to Quash and/or Limit
Subpoena Duces Tecum. (Doc. 67.) The Motion is denied.
Century International Arms, Inc. (“Plaintiff”)
brings this action against Defendant XTech Tactical, LLC
(“XTech”) and Defendant Jeremy Deadman
(“Deadman”) for violations of the Lanham Act and
Arizona unfair competition laws. In or around 2008,
Plaintiff's predecessor, U.S. Palm, LLC (“US
Palm”) designed and manufactured an AK30 AK-47 Magazine
(“Magazine”) and AK-47 Grip (“Grip).
TangoDown was employed by U.S. Palm as an independent
contractor to help design the products and create the molds.
later purchased all of U.S. Palm's assets including the
trade dress of the Magazine and Grip. However, U.S.
Palm's former manufacturer, led by Deadman, had illegally
taken possession of the Magazine and Grip molds and provided
units of the products to XTech. XTech began selling the
Magazine and Grip without U.S. Palm's authorization,
which gave rise to this suit.
have asserted that TangoDown was the sole creator, and thus
owner, of any intellectual property associated with the
Magazine and Grip, thereby arguing that Plaintiff never owned
the trade dress for either product. Consequently, as part of
discovery in this matter, Plaintiff issued a subpoena to
TangoDown seeking documents and information, from 2009 to
present, that relate to the claims and defenses in this
action. The subpoena was issued on December 1, 2019 with a
response deadline for December 10, 2019.
December 9, 2019 TangoDown's Counsel Tracy Crump
(“Crump”) contacted Plaintiff's Counsel
Jeffrey Walsh (“Walsh”) and discussed
TangoDown's objections to the subpoena. Crump explained
that in order to properly respond to the subpoena TangoDown
would need to extract electronic files from computers and
servers that are no longer in use and are being stored in a
warehouse. During this conversation, Crump and Walsh agreed
to allow TangoDown an additional week to ascertain the scope
of responsive documents and estimate the costs of having a
third-party information technology firm retrieve the
electronic files. Plaintiff further agreed to cover the
associated cost of using a third-party technology firm and
narrowed the scope of the requested information.
modified requests are:
1. Agreements between TangoDown and U.S. Palm or its
predecessors and affiliates for the design and manufacture of
AK-47 magazines and grips.
2. Documents showing payments made by U.S. Palm or its
predecessors and affiliates, and/or revenues received by
Tango Down, for the design, manufacturing and sale of those
3. Agreements between Tango Down and XTech or its
predecessors and affiliates, for the design and manufacture
of AK-47 magazines and grips, and other documents showing
that Tango Down “after joining forces with the company
that now owns their [U.S. Palm's] AK product
4. Documents showing that the grip now marketed by Tank [sic]
Down is “the same grip, by the original designers, for
the original molds.” 5. Documents showing payments made
by XTech, or its predecessors and affiliates, and/or revenues
received by Tango Down, for the design, manufacturing and
sale of those products.
6. Documents supporting Tango Down's claim that the AK-47
grip described in the link you attached was “one of the
most popular aftermarket improvements to the AK rifle, ever.
7. Documents showing that the “shooting public”
liked the product and were “showering” Tango Down
to “bring it ...