Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`
`ESTTA Tracking number:
`
`ESTTA1167003
`
`Filing date:
`
`10/20/2021
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding
`
`92073434
`
`Party
`
`Correspondence
`Address
`
`Submission
`
`Filer's Name
`
`Filer's email
`
`Plaintiff
`Seated Technologies, Inc.
`
`JENNIFER L BARRY
`LATHAM & WATKINS LLP
`12670 HIGH BLUFF DRIVE
`SAN DIEGO, CA 92130
`UNITED STATES
`Primary Email: jennifer.barry@lw.com
`Secondary Email(s): ipdocket@lw.com
`858-523-5400
`
`Other Motions/Submissions
`
`Jennifer L. Barry
`
`jennifer.barry@lw.com, ipdocket@lw.com, Dennis.Mai@lw.com,
`Alethia.Corneil@lw.com
`
`Signature
`
`Date
`
`/s/ Jennifer L. Barry
`
`10/20/2021
`
`Attachments
`
`2021_10_19_Notice of Subpoena with Exhibits 1-3.pdf(5624055 bytes )
`
`

`

`
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`Seated Technologies, Inc.,
`a Delaware corporation,
`
`
`
`
`
`Petitioner,
`
`v.
`
`Seated, Inc.,
`a Delaware corporation,
`
`
`
`Respondent.
`
`
`
`
`
`
`
`
`
`Cancellation No. 92073434
`
`Trademark: SEATED
`Serial Number 87/374456
`Registration No. 5,337,225
`
`
`SEATED TECHNOLOGIES, INC.’S NOTICE OF THIRD PARTY SUBPOENAS
`
`Petitioner Seated Technologies, Inc. (“Petitioner”), by and through counsel, intends to
`
`serve the attached subpoenas on the following entities, pursuant to Rules 30(b)(6) and 45 of the
`
`Federal Rule of Civil Procedure and Trademark Trial and Appeal Board Manual of Practice
`
`(“TBMP”) §404.03(a)(2).
`
`
`
`On October 19, 2021, Petitioner drafted subpoenas to the following third parties and
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`provided Respondent, Seated Inc. (“Respondent”) with notice and a copy of the subpoenas
`
`before issuing the subpoenas to the third parties.
`
`1. Techstars Music
`5410 Wilshire Blvd
`Los Angeles, CA 90036
`
`2. Right Side Capital Management, LLC
`649 Mission Street, 5th Floor
`San Francisco, CA 94105
`
`3. UENO
`1263 Mission St Floor 3
`San Francisco CA 94103
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`

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`A true and correct copy of the subpoenas are attached hereto as Exhibits 1-3.
`
`Dated: October 19, 2021
`
`
`
`
`
`
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`
`
`
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`
`
`/s/ Jennifer L. Barry
`Jennifer L. Barry
`LATHAM & WATKINS LLP
`12670 High Bluff Drive
`San Diego, CA 92130
`(858) 523-5400 / (858) 523-5450 Fax
`jennifer.barry@lw.com; ipdocket@lw.com
`
`Counsel for Petitioner
`SEATED TECHNOLOGIES, INC.
`
`
`
`
`2
`
`

`

`
`
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`
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` CERTIFICATE OF SERVICE
`
`
`I hereby certify that on October 19, 2021, a true and correct copy of the foregoing:
`
`SEATED TECHNOLOGIES, INC.’S NOTICE OF THIRD PARTY SUBPOENAS
`
`
`was sent via email to the following:
`
`
`Christina L. Winsor
`DISERIO MARTIN O’CONNOR & CASTIGLIONI LLP
`1010 Washington Blvd., Suite 800
`Stamford, CT 06901
`Christina L. Winsor
`Email: cwinsor@dmoc.com
`smaldonado@dmoc.com
`dsullivan@dmoc.com
`apyatt@dmoc.com
`JKelson@dmoc.com
`sgarrison@dmoc.com
`
`Counsel for Respondent Seated, Inc.
`
`
`
`/s/ Jennifer Barry
`Jennifer L. Barry
`
`
`
`
`
`
`3
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`

`

`EXHIBIT 1
`EXHIBIT 1
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`

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`Case 2:21-mc-01082 Document 1 Filed 10/19/21 Page 1 of 5 Page ID #:1
`
`Jennifer L. Barry (CA 228066)
`Jennifer.Barry@lw.com
`LATHAM & WATKINS LLP
`12670 High Bluff Drive
`San Diego, CA 92130
`Phone: (858) 523-5400
`Fax: (858) 523-5450
`Attorneys for Petitioner Seated Technologies, Inc.
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`CASE NO.
`2:21-mc-1082
`Seated Technologies, Inc.,
`a Delaware corporation,
`Petitioner,
`
`v.
`Seated, Inc.,
`a Delaware corporation,
`Respondent.
`
`SEATED TECHNOLOGIES, INC.’S
`MOTION/APPLICATION FOR
`ISSUANCE OF SUBPOENA TO
`THIRD PARTY TECHSTARS
`MUSIC AND MEMORANDUM IN
`SUPPORT
`(Re Cancellation No. 92073434 in the
`U.S. Trademark Trials and Appeal
`Board)
`TO THE COURT, RESPONDENT, AND ITS COUNSEL OF RECORD:
`PLEASE TAKE NOTICE THAT Petitioner Seated Technologies, Inc.
`(“Petitioner”), by and through counsel, applies to this Court for the issuance of a
`subpoena to Techstars Central LLC, Techstars Music Accelerator (“Techstars
`Music”) pursuant to 35 U.S.C. § 24 and Federal Rules of Civil Procedure 34 and
`45. Petitioner is the challenger in the above-captioned cancellation proceeding
`currently pending before the Trademark Trial and Appeal Board in the United
`States Patent and Trademark Office (the “Cancellation Proceeding”). Respondent
`Seated, Inc. (“Respondent”) is the owner of the mark SEATED, Registration No.
`5,337,225 (the “‘225 Registration”). Techstars Music is a third-party with
`information and documents relevant to the claims and defenses in the Opposition.
`Based upon Petitioner’s investigation, it appears that Techstars Music’s principal
`place of business is located at 5410 Wilshire Blvd., Los Angeles, California 90036,
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`AT T O RNEYS AT L AW
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`MOTION/APPLICATION FOR ISSUANCE OF THIRD
`PARTY SUBPOENA TO TECHSTARS MUSIC
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`1
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`

`
`
`Case 2:21-mc-01082 Document 1 Filed 10/19/21 Page 2 of 5 Page ID #:2
`
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`in this district. Accordingly, pursuant to 35 U.S.C. § 24, the United States District
`Court for the Central District of California is the appropriate court to issue the
`subpoena. A memorandum in support of this motion follows.
`
`
`Dated: October 19, 2021
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`Respectfully submitted,
`
`/s/ Jennifer L. Barry
`Jennifer L. Barry
`LATHAM & WATKINS LLP
`12670 High Bluff Drive
`San Diego, CA 92130
`(858) 523-5400 / (858) 523-5450 Fax
`jennifer.barry@lw.com; ipdocket@lw.com
`Counsel for Petitioner
`SEATED TECHNOLOGIES, INC.
`
`AT T O RNEYS AT L AW
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`
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`2
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`MOTION/APPLICATION FOR ISSUANCE OF THIRD
`PARTY SUBPOENA TO TECHSTARS MUSIC
`
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`

`

`Case 2:21-mc-01082 Document 1 Filed 10/19/21 Page 3 of 5 Page ID #:3
`
`
`
`MEMORANDUM IN SUPPORT
`On March 16, 2017, Respondent filed its application for the SEATED mark
`on an intent-to-use basis. On September 19, 2017, Respondent subsequently filed
`a Statement of Use, claiming a first use date of April 24, 2017 for all services listed
`in the application. The SEATED mark was classified in International Class 41 for
`“Arranging for ticket reservations for sporting events, musical concerts and other
`live entertainment events; Ticket agency services for entertainment, art, sports and
`special events rendered online, through phone orders and through ticket outlets.”
`Relying upon Respondent’s assertions submitted under penalty of perjury, the
`United States Patent and Trademark Office issued the ‘225 Registration.
`On February 14, 2020, Petitioner filed a Petition to Cancel the ‘225
`Registration on the basis of fraud. Petitioner alleges that Respondent was not
`legitimately using the SEATED mark in commerce in either April or September
`2017. Specifically, Petitioner alleges that Respondent submitted a falsified
`specimen of use. Further, Petitioner was demonstrably not using the SEATED
`mark for numerous services claimed in the ‘225 Registration.
`On April 1, 2021, counsel for Petitioner deposed Mr. David McKay, the
`Chief Executive Officer of Seated, Inc. During the course of his deposition, Mr.
`McKay identified Techstars Music as a party with information relevant to the
`claims and defenses in the Cancellation Proceeding. For example, Mr. McKay
`noted that Techstars Music was an investor in Seated, Inc. (Exhibit A, Transcript
`of Deposition of David McKay, at 128:4-7), that Respondent worked closely with
`Techstars Music as Respondent branched into the music ticket business (Exhibit A
`at 249:19-250:3), and that Techstars Music’s investment resulted in Respondent
`entering a startup competition (Exhibit A at 253:12-16).
`Techstars Music is not a party to this Cancellation Proceeding. The TTAB
`has no inherent power to require individuals and entities that are not parties to an
`action before it to produce documents or to submit for a deposition. However,
`
`MOTION/APPLICATION FOR ISSUANCE OF THIRD
`PARTY SUBPOENA TO TECHSTARS MUSIC
`
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`Case 2:21-mc-01082 Document 1 Filed 10/19/21 Page 4 of 5 Page ID #:4
`
`
`Congress has directed the United States District Courts to issue subpoenas to
`secure testimony and documents in contested cases before the USPTO, including
`cases pending before the TTAB. 35 U.S.C. § 24. Pursuant to this statutory
`authority and the Federal Rules of Civil Procedure 34 and 45, Petitioner seeks a
`subpoena commanding Techstars Music to produce certain documents identified in
`the proposed subpoena, as well as for a designated officer, director, or managing
`agent familiar with these facts to submit to a deposition regarding facts relevant to
`the claims and defenses in this Cancellation Proceeding.
`Petitioner seeks to cancel Respondent’s registration of the SEATED mark, in
`part, by demonstrating that Respondent was not engaged in legitimate use of the
`mark in either April 2017 or September 2017. Petitioner is currently in the
`discovery phase of the Cancellation Proceeding. In order to present evidence in
`support of its arguments to cancel the SEATED mark, and to refute Respondent’s
`arguments in this proceeding, Petitioner seeks to obtain discrete categories of
`documents and information from Techstars Music related to its investment
`relationship with Respondent both before and after September 2017.
`
`Accordingly, Petitioner respectfully requests that the Court order the Clerk
`to issue the attached proposed subpoena to Techstars Music, pursuant to the
`authority provided under 35 U.S.C. § 24.
`
`Dated: October 19, 2021
`
`
`Respectfully submitted,
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`
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`/s/ Jennifer L. Barry
`Jennifer L. Barry
`LATHAM & WATKINS LLP
`12670 High Bluff Drive
`San Diego, CA 92130
`(858) 523-5400 / (858) 523-5450 Fax
`jennifer.barry@lw.com; ipdocket@lw.com
`Counsel for Petitioner
`SEATED TECHNOLOGIES, INC.
`
`
`AT T O RNEYS AT L AW
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`
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`MOTION/APPLICATION FOR ISSUANCE OF THIRD
`PARTY SUBPOENA TO TECHSTARS MUSIC
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`

`

`Case 2:21-mc-01082 Document 1 Filed 10/19/21 Page 5 of 5 Page ID #:5
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on October 19, 2021, a true and correct copy of the
`
`foregoing:
`
`SEATED TECHNOLOGIES, INC.’S MOTION/APPLICATION FOR
`ISSUANCE OF SUBPOENA TO THIRD PARTY TECHSTARS MUSIC
`AND MEMORANDUM IN SUPPORT
`
`was sent via email to the following:
`
`Christina L. Winsor
`DISERIO MARTIN O’CONNOR & CASTIGLIONI LLP
`1010 Washington Blvd., Suite 800
`Stamford, CT 06901
`Christina L. Winsor
`Email: cwinsor@dmoc.com
`smaldonado@dmoc.com
`dsullivan@dmoc.com
`apyatt@dmoc.com
`JKelson@dmoc.com
`sgarrison@dmoc.com
`
`Counsel for Respondent Seated, Inc.
`
`
`/s/ Jennifer Barry
`Jennifer L. Barry
`
`
`
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`MOTION/APPLICATION FOR ISSUANCE OF THIRD
`PARTY SUBPOENA TO TECHSTARS MUSIC
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`

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`Case 2:21-mc-01082 Document1-1 Filed 10/19/21 Page1of6 Page ID #:6
`Case 2:21-mc-01082 Document 1-1 Filed 10/19/21 Page 1 of 6 Page ID #:6
`
`EXHIBIT A
`EXHIBIT A
`
`

`

`Case 2:21-mc-01082 Document 1-1 Filed 10/19/21 Page 2 of 6 Page ID #:7
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`SEATED TECHNOLOGIES, INC., a ) Case No.
`
`DELAWARE CORPORATION, ) 92073434
`
` Petitioner, )
`
` vs. )
`
`SEATED, INC., a Delaware )
`
`corporation, )
`
` Respondent. )
`
`______________________________)
`
` REMOTE DEPOSITION BY VIRTUAL ZOOM OF
`
` DAVID MCKAY
`
` Thursday, April 1, 2021
`
`Reported by:
`
`Ashala Tylor, CSR #2436, CLR, CRR, RPR
`
`JOB NO. 4457999
`
`PAGES 1 - 269
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` A. Somewhere between 20 and 30.
`
` Q. Can you name them?
`
` A. Probably not all of them, no.
`
` Q. Name some of them.
`
` A. Techstars Music. It's a large startup
`
`accelerator that invests in lots of promising
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`companies. Right Side Capital Management. Early
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`Light Ventures.
`
` THE REPORTER: Did you say Right Side or
`
`Bright Side, please?
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` THE WITNESS: Right, R-I-G-H-T.
`
` A handful of friends and family as well.
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` Damon Metzner. He's the manager for the
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`sports podcast. And, you know, others I can't think
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`of off the top of my head. We have 20 to 30
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`investors.
`
`BY MR. MAI:
`
` Q. You'd have records of all of your
`
`investors, though, right?
`
` A. Yes.
`
` Q. You mentioned that some of your friends
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`invested in Seated. Which of your friends?
`
` A. My friend Matt Resnick, my friend Roy
`
`Helou.
`
` Q. Can you spell that?
`
`Page 128
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` Q. Were these events that Seated was
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`promoting?
`
` A. Seated was promoting these events on our
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`website, yes.
`
` Q. And Seated was also offering ticket
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`services for those events, right?
`
` A. These are all Seated clients, I believe.
`
`So that would make sense, yes. I don't know
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`specifically all the events that we ticketed, but I
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`would imagine that we were involved in some
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`capacity.
`
` Q. So a customer could buy tickets to, let's
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`say, Robert Plant, Forest Hills Stadium, from the
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`seated.com website, right? There's a link right
`
`below that says "Buy tickets."
`
` A. That's right. There was a short window of
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`time where we were experimenting with a lot of
`
`different things on our website.
`
` As I mentioned, in early 2018, we had a
`
`music investor, Techstars Music. I mentioned that
`
`eight hours ago. And Techstars encouraged us to
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`constantly experiment and try new things on our
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`website.
`
` And April '18 would have been a time where
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`we were working closely with Techstars Music. So I
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`imagine this brief change in our website had
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`something to do with us working with that music
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`investor Techstars.
`
` Q. You're familiar with Seated Technologies,
`
`Incorporated, the petitioner in this cancellation
`
`proceeding, correct?
`
` A. Yeah -- yes.
`
` MR. MAI: I'm introducing another exhibit
`
`here. It will be Exhibit -- I believe it's 19 now.
`
` (Exhibit 19 was marked for
`
` identification and attached
`
` hereto.)
`
`BY MR. MAI:
`
` Q. Do you recognize this document?
`
` A. Yes.
`
` Q. What is it?
`
` A. This appears to be the cease and desist
`
`that we sent to Seated Technologies, Inc. on
`
`September 26, 2019, when we were experiencing
`
`significant confusion between our business and
`
`theirs.
`
` Q. The law firm letterhead Diserio Martin
`
`O'Connor & Castiglioni LLP, is that the law firm
`
`that represents Seated, Incorporated?
`
` A. Correct. Jon and Christina are on this
`
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` Q. Do you know when this article came out?
`
` A. The document you've provided me is dated
`
`June 6, 2018.
`
` Q. Did you read this article prior to this
`
`litigation?
`
` A. Prior -- prior to this litigation -- not
`
`recently, but I've read it, likely when it came out
`
`and perhaps after, but I haven't read it recently,
`
`no.
`
` Q. Do you recall being interviewed for this?
`
` A. I was not interviewed for this.
`
` Q. Tell me more about the startup
`
`competition. How did you decide to enter it?
`
` A. We were asked to enter it. We had just,
`
`as I mentioned, in February gotten an investment
`
`from a company called Techstars Music.
`
` Midem is a worldwide music conference, and
`
`our music investors were encouraging us to explore
`
`the music space head-on. We gained a lot of
`
`notoriety after that investment took place, and we
`
`were asked to fly to France to compete for a really
`
`widely regarded startup competition in the music
`
`space where a lot of successful companies prior to
`
`us have won.
`
` Q. When you say "we were asked to enter it,"
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`Case 2:21-mc-01082 Document 1-2 Filed 10/19/21 Page1of6 Page ID #:12
`Case 2:21-mc-01082 Document 1-2 Filed 10/19/21 Page 1 of 6 Page ID #:12
`
`EXHIBIT B
`EXHIBIT B
`
`

`

`Case 2:21-mc-01082 Document 1-2 Filed 10/19/21 Page 2 of 6 Page ID #:13
`
`AO 88A (Rev. 12/13) Subpoena to Testify at a Deposition in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
`
`__________ District of __________
` Central District of California
`
`Civil Action No.
`
`) ) ) ) ) )
`
`Seated Technologies, Inc.
`Plaintiff
`v.
`
`Seated, Inc.
`
`Defendant
`
`SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
`
`To:
`
`Techstars Music
`
`(Name of person to whom this subpoena is directed)
`
`✔
`(cid:117) Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a
`deposition to be taken in this civil action. If you are an organization, you must designate one or more officers, directors,
`or managing agents, or designate other persons who consent to testify on your behalf about the following matters, or
`those set forth in an attachment:
`
`Place:
`
`Latham & Watkins LLP,
`355 South Grande Avenue, Suite 1000
`Los Angeles, CA 900071-1560
`
`Date and Time:
`
`11/15/2021 9:00 am
`
`The deposition will be recorded by this method:
`
`Video
`
`✔
`(cid:117) Production: You, or your representatives, must also bring with you to the deposition the following documents,
`electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the
`material:
`See Attachment A.
`
`The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;
`Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
`
`Date:
`
`CLERK OF COURT
`
`OR
`
`Signature of Clerk or Deputy Clerk
`
`Attorney’s signature
`
`The name, address, e-mail address, and telephone number of the attorney representing (name of party)
`Seated Technologies, Inc.
`
`, who issues or requests this subpoena, are:
`
`Jennifer Barry, Latham & Watkins LLP, 12670 High Bluff Drive, San Diego, CA 92130, jennifer.barry@lw.com,
`858-523-5400
`
`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things, a notice
`and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is
`directed. Fed. R. Civ. P. 45(a)(4).
`
`

`

`Case 2:21-mc-01082 Document 1-2 Filed 10/19/21 Page 3 of 6 Page ID #:14
`
`AO 88A (Rev. 12/13) Subpoena to Testify at a Deposition in a Civil Action (Page 2)
`
`Civil Action No.
`
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
`
`PROOF OF SERVICE
`
`I received this subpoena for (name of individual and title, if any)
`
`on (date)
`
`.
`
`(cid:117) I served the subpoena by delivering a copy to the named individual as follows:
`
`(cid:117) I returned the subpoena unexecuted because:
`
`on (date)
`
`; or
`
`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
`tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
`
`$
`
`.
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $
`
`0.00
`
`.
`
`.
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Server’s signature
`
`Printed name and title
`
`Server’s address
`
`Additional information regarding attempted service, etc.:
`
`

`

`Case 2:21-mc-01082 Document 1-2 Filed 10/19/21 Page 4 of 6 Page ID #:15
`
`AO 88A (Rev. 12/13) Subpoena to Testify at a Deposition in a Civil Action (Page 3)
`
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
`
`(c) Place of Compliance.
`
` (1) For a Trial, Hearing, or Deposition. A subpoena may command a
`person to attend a trial, hearing, or deposition only as follows:
` (A) within 100 miles of where the person resides, is employed, or
`regularly transacts business in person; or
` (B) within the state where the person resides, is employed, or regularly
`transacts business in person, if the person
` (i) is a party or a party’s officer; or
` (ii) is commanded to attend a trial and would not incur substantial
`expense.
`
` (2) For Other Discovery. A subpoena may command:
` (A) production of documents, electronically stored information, or
`tangible things at a place within 100 miles of where the person resides, is
`employed, or regularly transacts business in person; and
` (B) inspection of premises at the premises to be inspected.
`
`(d) Protecting a Person Subject to a Subpoena; Enforcement.
`
` (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
`responsible for issuing and serving a subpoena must take reasonable steps
`to avoid imposing undue burden or expense on a person subject to the
`subpoena. The court for the district where compliance is required must
`enforce this duty and impose an appropriate sanction—which may include
`lost earnings and reasonable attorney’s fees—on a party or attorney who
`fails to comply.
`
` (2) Command to Produce Materials or Permit Inspection.
`(A) Appearance Not Required. A person commanded to produce
`documents, electronically stored information, or tangible things, or to
`permit the inspection of premises, need not appear in person at the place of
`production or inspection unless also commanded to appear for a deposition,
`hearing, or trial.
`(B) Objections. A person commanded to produce documents or tangible
`things or to permit inspection may serve on the party or attorney designated
`in the subpoena a written objection to inspecting, copying, testing, or
`sampling any or all of the materials or to inspecting the premises—or to
`producing electronically stored information in the form or forms requested.
`The objection must be served before the earlier of the time specified for
`compliance or 14 days after the subpoena is served. If an objection is made,
`the following rules apply:
`(i) At any time, on notice to the commanded person, the serving party
`may move the court for the district where compliance is required for an
`order compelling production or inspection.
` (ii) These acts may be required only as directed in the order, and the
`order must protect a person who is neither a party nor a party’s officer from
`significant expense resulting from compliance.
`
` (3) Quashing or Modifying a Subpoena.
`
`(A) When Required. On timely motion, the court for the district where
`compliance is required must quash or modify a subpoena that:
`
` (i) fails to allow a reasonable time to comply;
`(ii) requires a person to comply beyond the geographical limits
`specified in Rule 45(c);
`(iii) requires disclosure of privileged or other protected matter, if no
`exception or waiver applies; or
`(iv) subjects a person to undue burden.
`(B) When Permitted. To protect a person subject to or affected by a
`subpoena, the court for the district where compliance is required may, on
`motion, quash or modify the subpoena if it requires:
`
`(i) disclosing a trade secret or other confidential research, development,
`or commercial information; or
`(ii) disclosing an unretained expert’s opinion or information that does
`not describe specific occurrences in dispute and results from the expert’s
`study that was not requested by a party.
`(C) Specifying Conditions as an Alternative. In the circumstances
`described in Rule 45(d)(3)(B), the court may, instead of quashing or
`modifying a subpoena, order appearance or production under specified
`conditions if the serving party:
`(i) shows a substantial need for the testimony or material that cannot be
`otherwise met without undue hardship; and
`(ii) ensures that the subpoenaed person will be reasonably compensated.
`
`(e) Duties in Responding to a Subpoena.
`
` (1) Producing Documents or Electronically Stored Information. These
`procedures apply to producing documents or electronically stored
`information:
`(A) Documents. A person responding to a subpoena to produce documents
`must produce them as they are kept in the ordinary course of business or
`must organize and label them to correspond to the categories in the demand.
`(B) Form for Producing Electronically Stored Information Not Specified.
`If a subpoena does not specify a form for producing electronically stored
`information, the person responding must produce it in a form or forms in
`which it is ordinarily maintained or in a reasonably usable form or forms.
`(C) Electronically Stored Information Produced in Only One Form. The
`person responding need not produce the same electronically stored
`information in more than one form.
`(D) Inaccessible Electronically Stored Information. The person
`responding need not provide discovery of electronically stored information
`from sources that the person identifies as not reasonably accessible because
`of undue burden or cost. On motion to compel discovery or for a protective
`order, the person responding must show that the information is not
`reasonably accessible because of undue burden or cost. If that showing is
`made, the court may nonetheless order discovery from such sources if the
`requesting party shows good cause, considering the limitations of Rule
`26(b)(2)(C). The court may specify conditions for the discovery.
`
`(2) Claiming Privilege or Protection.
`(A) Information Withheld. A person withholding subpoenaed information
`under a claim that it is privileged or subject to protection as trial-preparation
`material must:
`(i) expressly make the claim; and
`(ii) describe the nature of the withheld documents, communications, or
`tangible things in a manner that, without revealing information itself
`privileged or protected, will enable the parties to assess the claim.
`(B) Information Produced. If information produced in response to a
`subpoena is subject to a claim of privilege or of protection as
`trial-preparation material, the person making the claim may notify any party
`that received the information of the claim and the basis for it. After being
`notified, a party must promptly return, sequester, or destroy the specified
`information and any copies it has; must not use or disclose the information
`until the claim is resolved; must take reasonable steps to retrieve the
`information if the party disclosed it before being notified; and may promptly
`present the information under seal to the court for the district where
`compliance is required for a determination of the claim. The person who
`produced the information must preserve the information until the claim is
`resolved.
`
`(g) Contempt.
`The court for the district where compliance is required—and also, after a
`motion is transferred, the issuing court—may hold in contempt a person
`who, having been served, fails without adequate excuse to obey the
`subpoena or an order related to it.
`
`For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
`
`

`

`Case 2:21-mc-01082 Document 1-2 Filed 10/19/21 Page5of6 Page ID #:16
`Case 2:21-mc-01082 Document 1-2 Filed 10/19/21 Page 5 of 6 Page ID #:16
`
`ATTACHMENT A
`ATTACHMENT A
`
`

`

`Case 2:21-mc-01082 Document 1-2 Filed 10/19/21 Page 6 of 6 Page ID #:17
`
`REQUESTS FOR THE PRODUCTION OF DOCUMENTS
`
`REQUEST FOR PRODUCTION NO. 1:
`
`All documents, including communications, drafts, and partially or fully executed contracts,
`and mark-ups, related to Techstars Music’s decision to invest in Seated, Inc.
`
`REQUEST FOR PRODUCTION NO. 2:
`
`All documents, including communications, investor brochures, company materials, and
`partially or fully executed contracts, provided to Techstars Music by Seated, Inc. as part of
`Techstars Music’s decision to invest in Seated, Inc.
`
`REQUEST FOR PRODUCTION NO. 3:
`
`All documents, including communications, drafts, and partially or fully executed contracts,
`establishing when a business relationship between Techstars Music and Seated, Inc. began.
`
`REQUEST FOR PRODUCTION NO. 4:
`
`All documents, including communications and drafts, involving Techstars Music’s
`assistance in getting Seated, Inc. involved in the music ticket business.
`
`REQUEST FOR PRODUCTION NO. 5:
`
`All documents, including communications, drafts, and partially or fully executed contracts,
`concerning the goods and services actually offered by Seated, Inc. when Techstars Music first
`invested in Seated, Inc.
`
`REQUEST FOR PRODUCTION NO. 6:
`
`All documents, including communications, drafts, and partially or fully executed contracts,
`concerning Seated, Inc.’s trademark applications or registrations.
`
`REQUEST FOR PRODUCTION NO. 7:
`
`All documents, including communications, drafts, and partially or fully executed contracts,
`concerning Seated, Inc.’s website between April 2017 and September 2017.
`
`REQUEST FOR PRODUCTION NO. 8:
`
`All documents, including communications, drafts, and partially or fully executed contracts,
`included in any data room or due diligence files exchanged between Techstars Music and Seated,
`Inc., including those related to intellectual property rights and licenses.
`
`

`

`Case 2:21-mc-01082 Document 2 Filed 10/19/21 Page 1 of 1 Page ID #:18
`
`NAME, ADDRESS, AND TELEPHONE NUMBER OF ATTORNEY(S)
`OR OF PARTY APPEARING IN PRO PER
`Jennifer L. Barry
`LATHAM & WATKINS LLP
`12670 High Bluff Drive
`San Diego, CA 92130
`(858) 523-5400
`jennifer.barry@lw.com
`
`ATTORNEY(S) FOR:
`
`Seated Technologies, Inc.
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`
`Seated Technologies, Inc., a Delaware corporation,
`
`CASE NUMBER:
`
`v.
`Seated, Inc., a Delaware Corporation
`
`Plaintiff(s),
`
`2:21-mc-1082
`
`Defendant(s)
`
`CERTIFICATION AND NOTICE
`OF INTERESTED PARTIES
`(Local Rule 7.1-1)
`
`TO:
`
`THE COURT AND ALL PARTIES OF RECORD:
`
`The undersigned, counsel of record for
`Seated Technologies, Inc.
`or party appearing in pro per, certifies that the following listed party (or parties) may have a pecuniary interest in
`the outcome of this case. These representations are made to enable the Court to evaluate possible disqualification
`or recusal.
`
`(List the names of all such parties and identify their connection and interest. Use additional sheet if necessary.)
`
`PARTY
`Seated Technologies, Inc.
`
`CONNECTION / INTEREST
`Seated Technologies, Inc. does not have a parent
`corporation, and no publicly held corporation owns 10% or
`more of its stock.
`
`Seated, Inc.
`
`Respondent/Defendant
`
`Techstars Central LLC
`
`Third Party
`
`Techstars Music Accelerator
`
`Third Party
`
`October 19, 2021
`Date
`
`/s/ Jennifer L. Barry
`Signature
`
`Attorney of record for (or name of party appearing in pro per):
`Seated Technologies, Inc.
`
`CV-30 (05/13)
`
`NOTICE OF INTERESTED PARTIES
`
`

`

`Case 2:21-mc-01082 Document 3 Filed 10/19/21 Page 1 of 3 Page ID #:19
`UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
`CIVIL COVER SHEET
`
`I. (a) PLAINTIFFS ( Check box if you are representing yourself
`
`)
`
`DEFENDANTS (
`
`Check box if you are representing yourself
`
`)
`
`Seated Technologies, Inc.,
`a Delaware corporation
`
`Seated, Inc.,
`a Delaware corporation
`
`(b) County of Residence of First Listed Plaintiff
`
`Outside California
`
`County of Residence of First Listed Defendant
`
`(EXCEPT IN U.S. PLAINTIFF CASES)
`
`(IN U.S. PLAINTIFF CASES ONLY)
`
`Attorneys (Firm Name, Address and Telephone Number) If you are
`representing yourself, provide the same information.
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases On