gap band complaint.pdf

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

RONNIE JAMES WILSON, d/b/a THE GAP BAND

Plaintiff,

V.

CHARLES KENT WILSON, a/k/a CHARLIE WILSON, MICHAEL PARAN, P MUSIC GROUP, INC., a California Corporation; INTERNATIONAL CREATIVE MANAGEMENT PARTNERS, LLC, a Delaware limited liability company; and DOES 1 through 5, inclusive,

Defendants.

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§ CIVIL ACTION NO.

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§ JURY TRIAL DEMAND

FILED

NU1,2O 2015

CLERK DISTRICT CLERK

STEQ3CT OF TEXAS

PLAINTIFF'S ORIGINAL COMPLAINT AND JURY DEMAND

TO THE HONORABLE COURT:

Plaintiff Ronnie James Wilson d/b/a The Gap Band ("Ronnie Wilson" or "Plaintiff'or

"The Gap Band") files this Original Complaint against Defendants Charles Kent Wilson a/k/a

Charlie Wilson, Michael Paran, P Music Group, Inc., and International Creative Management

Partners, LLC ("Collectively Defendants") as follows:

I. INTRODUCTION

Plaintiff is bringing this action to enforce his common law rights in the trademark

THE GAP BAND, and to seek injunctive relief and damages resulting from the unlawful use

Plaintiff's Original Complaint and Jury Demand

Case 5:15-cv-01024-XR Document 1 Filed 11/20/15 Page 1 of 42

of that mark by Defendants, and to recover money damages, as well as all other appropriate

relief, as a result of the Defendants' unlawful tortious interference with existing contracts,

tortious interference with prospective contracts, common law trademark infringement,

common law unfair competition, and violation of the Anticybersquatting Consumer

Protection Act.

Plaintiff Ronnie Wilson is the founder of THE GAP BAND, the owner of THE GAP

BAND trademark, and has approximately 47 years of continuous use of THE GAP BAND

trademark in connection with live musical performances and receipt of digital performance

royalties. Ronnie Wilson is a world class and universally recognized musician, songwriter,

singer, and producer. Beginning in 1972, Defendant Charlie Wilson, Ronnie Wilson's

younger brother, joined Plaintiff Ronnie Wilson's band, THE GAP BAND. Also in 1972,

Robert Wilson, Plaintiff's youngest brother, joined THE GAP BAND.

In 2009, Charlie Wilson publically left THE GAP BAND to pursue a solo career. To

this day, Charlie Wilson is still performing solely as a solo artist. Charlie Wilson has

repeatedly admitted in the media that THE GAP BAND was his brother Ronnie Wilson's

band.

Defendants intentionally and unlawfully (tortious interference) stopped Ronnie Wilson

from performing at music performance dates that were under contract and were on sale to the

public, stopping Ronnie Wilson from earning payments per the contracts and stopping him

from earning a living from the band he founded and the mark he owns. In 2015, THE GAP

Plaintiff's Original Complaint and Jury Demand -


BAND was booked into the B.B. King Blues Club & Grill in New York and the Howard

Theater in Washington, D.C. for concert dates to be performed in January, 2016. Ronnie

Wilson, as owner and leader of THE GAP BAND, put together many of the original

members of THE GAP BAND and had an agent begin booking concert tour dates for the

band. Contrary to law, Defendants have caused buyers of Plaintiff's show to cancel show

dates, and caused buyers who would have contracted with Plaintiff to not contract with

Plaintiff, have committed acts which have infringed upon Plaintiff's trademark THE GAP

BAND and violated the anticybersquatting Consumer Protection Act. Plaintiff has been

greatly injured by Defendants' acts.

II. PARTIES

1. Plaintiff Ronnie Wilson is a resident of this judicial district, the Western District of

Texas and lives in San Antonio, Texas. Ronnie Wilson is the owner of the trademark

at issue in this suit.

2. Defendant Charles Kent Wilson alkla Charlie Wilson ("Charlie Wilson") an

individual and a citizen of the State of California, may be served with process at

35931 Via Famero Drive, Acton, California 93510.

3. Defendant Michael Paran ("Paran"), an individual and a citizen of the State of

California, may be served with process at 11511 Vimy Road, Granada Hills, CA

91344-2138. Paran is Defendant Charlie Wilson's manager and owner of P Music

Group, Inc.



4. Defendant P Music Group, Inc. ("P Music Group") is a corporation that is

incorporated under the laws of the State of California. P Music Group has its

principal place of business in the State of California. P Music Group may be served

with process by serving its registered agent, Robert Abrams, 29474 Sequoia Road,

Canyon Country, California 91387. P Music Group is manager of Defendant Charlie

Wilson.

5. Defendant International Creative Management Partners, LLC ("1CM"), is and at all

material times was, a limited liability company existing under the laws of the State of

Delaware and licensed to do and is doing business in the State of California.

Defendant 1CM is the agency that represents Defendant Charlie Wilson. Mark Siegel

is an agent/partner of 1CM.

6. Plaintiff is ignorant of the true names and capacities of Defendants sued herein as

Does 1 through 5, inclusive, and therefore sues these Defendants by such fictitious

names. Plaintiff will amend this complaint to allege their true names and capacities

when ascertained. Plaintiff is informed and believes and thereon alleges that each of

the fictitiously named Defendants is responsible in some manner for the occurrences

alleged in this complaint, and that Plaintiff's damages as alleged were proximately

and legally caused by the Defendants' conduct. At all times material herein, each

Defendant was the agent, servant and employee of each of the remaining Defendants,

and acting within the purpose, scope and course of said Agency, service and



employment, with the express andlor implied knowledge permission and consent of

the remaining Defendants, and each of them and each of said Defendants ratified and

approved the acts of Defendants.

III. JURISDICTION AND VENUE

7. This Court has jurisdiction over the subject matter of all of Plaintiffs claims because

there is complete diversity of parties and more than $75,000 in controversy. 28

U.S.C. § l332(a)(1).

8. The Court has federal question jurisdiction over the subject matter of Plaintiff's

claims that arise under federal law pursuant 28 U.s.C. § 1331 and under Section 43(a)

of the Lanham Act, 15 U.S.C. § 1125(a) and (d), and Section 39 of the Lanham Act,

15 U.S.C. § 1121.

9. The Court has supplemental jurisdiction over the subject matter of Plaintiffs claims

arising under Texas law, because Plaintiffs state law claims are so related to

Plaintiffs federal law claims "that they form part of the same case or controversy

under Article III of the United States Constitution." 28 U.S.C. § 1367(a).

10. Venue is proper in this District because it is a judicial district in which a substantial

part of the events or omissions giving rise to Plaintiff's claims occurred or a

substantial part of the property that is the subject of the action is situated. See 28

U.S.C. § 1391(b)(2).

11. Plaintiff Ronnie Wilson resides in the Western District of Texas.



IV. FACTS

A. RONNIE WILSON'S COMMON LAW TRADEMARK AND APPLICATION OF TRADEMARK WITH THE USPTO

12. In 1968, Ronnie Wilson founded THE GAP BAND, has been the owner of the

trademark THE GAP BAND since its origination, and has owned the mark

continuously.

13. Ronnie Wilson used THE GAP BAND trademark in commerce before any and all

parties and since 1968, he has continuously used THE GAP BAND trademark in

commerce.

14. Ronnie Wilson is the first person to have sought U.S. Federal trademark protection

at the United States Patent and Trademark Office for the mark THE GAP BAND and

15. On June 19,2015, Ronnie J. Wilson, dlb/a THE GAP BAND sole proprietorship filed

Trademark Application for THE GAP BAND with the United States Patent and

Trademark Office (USPTO), Serial No. 86668160. The registration was for goods

and services, including audio and video recordings, featuring music and artistic

performances; compact discs featuring music. Exhibit 1.

16. On July 6, 2015, Ronnie J. Wilson, d!b/a THE GAP BAND sole proprietorship filed

a Trademark Application for "Gap Band" goods and services: clothing, namely, hats,

t-shirts and sweatshirts. Exhibit 2.



THE GAP BAND's Formation and History

17. In 1968, Ronnie Wilson formed a band which was named the Greenstreet, Archer and

Pine Street Band. The band members consisted of Ronnie Wilson, Chris Clayton,

Roscoe Smith, Ray D. Rowe, Odell Stokes and Tommy Lokey.

18. The Greenstreet, Archer and Pine Street Band performed frequently in the Tulsa,

Oklahoma area and became popular. As advertising the band's name on posters was

too lengthy, in late 1968, Ronnie Wilson shortened the name to the G.A.P Band. Due

to a typographical error on a poster which omitted the periods on the name, the band

became known in 1968 as THE GAP BAND.

19. In 1972, Ronnie Wilson asked his brother, Charlie Wilson, tojoin THE GAP BAND.

That the band was Ronnie Wilson's band and was joined by Charlie Wilson is

acknowledged by Charlie Wilson in multiple interviews, including a 2011 interview

on soulinterviews.com where he stated: "I ended up in my brother's band.. .THE GAP

BAND in the early 70's" and in the television show, The View, in July, 2015 interview

wherein Charlie Wilson stated: "First my brother, he started THE GAP BAND."

20. In late 1972, Ronnie Wilson's youngest brother, Robert, joined THE GAP BAND.

21. After Robert Wilsonjoined THE GAP BAND, the three Wilson brothers (Ronnie and

Charlie played multiple instruments and sang vocals and Robert played bass guitar

and sang vocals) were the featured members of the band. There were also other



instrumentalists/musicians, including guitar, bass, organ player, trumpet, saxophone,

trumpet, keyboard and percussionist.

22. In the late 1970s and 1980s, THE GAP BAND achieved huge commercial success,

producing numerous hit songs and touring to audiences throughout the country,

including dates with The Rolling Stones, Willie Nelson and many world renowned

entertainers.

THE GAP BAND's Distinctive Sound

23. THE GAP BAND is known as a band with a distinctive funk sound, which was

consistent from album to album. Once all three brothers were in the band, in addition

to forming the band, Ronnie Wilson was one of the three "front men" and featured

musicians. One of Ronnie Wilson's function and role with his band to create the

perfect blend of musicians, instruments and music, which also included creating

distinctive guitar chords in which Ronnie Wilson was known. Ronnie Wilson is the

one, since the band's inception, who hired and trained the musicians and he made the

decisions on which type instrument to use to obtain the band's distinctive sound. The

brothers would collaborate on songs.

24. The fact that THE GAP BAND is known as a band with a "distinctive" "synth-heavy

funk group with a big mod funk sound" is acknowledged by Defendant Charlie

Wilson in his autobiography I Am Charlie Wilson, published 2015 by Simon &



Schuster, Inc., Copyright 2015 by Pacific Coast Pirate Company, I Am Charlie

Wilson, at pg. 138. Exhibit 3.

25. Ronnie Wilson is a credited songwriter, with approximately 100 credited songs, many

of which were performed and recorded by THE GAP BAND.

26. As early as 1991, in an Artist Amendment Agreement to an Artist Agreement with

Bon Ami Records, Inc. (Exhibit 4(a) and (b)), Charlie Wilson notified Bon Ami

Records that he did not have the right to use the name "The Gap Band." At this time,

Plaintiff has in his possession an unsigned copy of The Artist Amendment. Exhibit

4(a).

27. Some time in 1999, Michael Paran became the manager of THE GAP BAND.

28. In 2006, Ronnie Wilson suffered from a bleeding stroke, a severe life threatening

medical condition. Ronnie Wilson's recovery included physical therapy for two years.

In 2006 Ronnie Wilson had moved to San Antonio, Texas.

29. THE GAP BAND performed in Tulsa, Oklahoma at the Osage Casino on May 7,

2007. Ronnie Wilson performed in the Tulsa show but because of health issues he

decided to stop performing with his band at that time to be resumed later.

30. Charlie Wilson and Robert Wilson continued to perform in THE GAP BAND up until

some time in March 2009.

31. During the time from May, 2007 to March, 2009, Ronnie Wilson was not actively

touring with the band. Robert Wilson, who was touring along with Charlie Wilson



in THE GAP BAND, would frequently report by telephone to Ronnie Wilson how the

band was performing and doing and also report on various other promotions, events

and issues. Based on those reports and conversations with his brother Robert Wilson,

Ronnie Wilson would make various decisions related to THE GAP BAND trademark

and band.

32. During one telephone conversation between Robert Wilson and Ronnie Wilson,

Robert told Ronnie that he looked out the hotel room and saw the billboard for the

event center where they were going to play their concert change. Robert told Ronnie

the lettering on the billboard advertising the upcoming performance of "THE GAP

BAND" was changed and replaced with the words "Charlie Wilson" as the performer.

When Ronnie Wilson learned of this, he was very upset because he had not authorized

Charlie Wilson or anyone else to remove THE GAP BAND name nor bill the show

as a "Charlie Wilson" show.

33. Ronnie Wilson also recently learned that in 2008 other shows were billed without his

authorization as "Charlie Wilson & THE GAP BAND" contrary to Ronnie Wilson's

express directives.

34. At all times and including the time that Ronnie Wilson was not touring with the band,

Ronnie Wilson was protective of the name of the band and was adamant the band

would only be known as "THE GAP BAND" and never known as "Charlie Wilson

of/and THE GAP BAND."



35. Ronnie Wilson never agreed to allow Charlie Wilson to ever perform with THE GAP

BAND as "Charlie Wilson and THE GAP BAND." Charlie Wilson acknowledged

in his autobiography I Am Charlie Wilson that his brothers never agreed to allow

Charlie Wilson to use the name "Charlie Wilson and THE GAP BAND" and that "My

brothers were really clear: "We're not doing 'featuring Charlie Wilson' nothin," they

said." Id. at pg. 168; Exhibit 5(a).

Charlie Wilson Left THE GAP BAND to Pursue Solo Career in 2009

36. In 2009, Charlie Wilson made a very public decision to leave THE GAP BAND to

pursue his solo career. This is acknowledged by Charlie Wilson in many radio and

television interviews and also is acknowledged in Charlie Wilson's autobiography,

I Am Charlie Wilson, where he states, "That was when I made one of the toughest

decisions of my career: I left The Gap Band to pursue a full-on solo career." Id. at pg.

168; Exhibit 5(a). At this time, then Michael Paran no longer managed THE GAP

BAND and instead, has been the manager of Charlie Wilson as a solo artist since

Charlie Wilson left THE GAP BAND in 2009.

37. Since Charlie Wilson left THE GAP BAND to pursue a solo career, Charlie Wilson has

repeatedly publically pronounced the fact he left THE GAP BAND and is a solo artist known

as "Charlie Wilson."

38. Defendant Charlie Wilson's lawyers by letter dated October 22, 2015 continued the

interference of Ronnie Wilson's shows and continued Defendant Charlie Wilson's

infringement of Ronnie Wilson's mark THE GAP BAND by claiming Charlie



Wilson's "rights in, and damaging his reputation associated with, THE GAP BAND

mark.". Defendant Charlie Wilson continues tortious interference and infringement,

unfair competition, and other intentional unlawful acts of Ronnie Wilson's mark and

Ronnie Wilson's shows, claiming that Ronnie Wilson's use of THE GAP BAND

mark is not authorized or licensed by Charlie Wilson. Charlie Wilson also has

demanded that Ronnie Wilson abandon his application and "cease all plans to use

THE GAP BAND and/or GAP BAND marks...".

Ronnie Wilson 's Use in Commerce of his Common Law Trademark of THE GAP BAND After 2009

39. In June, 2010, Ronnie Wilson registered for and shortly after began receiving digital

performance royalties from SoundExchange.com in the name of THE GAP BAND

and continues to receive the royalties. The royalties are paid quarterly and have been

received by Ronnie Wilson in the name of The Gap Band since October, 2010.

Exhibit 6, recent October 15, 2015 artist earnings.

40. On August 15,2010, Robert Wilson passed away. After Robert Wilson died, though

Charlie Wilson had left THE GAP BAND, he unilaterally announced that THE GAP

BAND had "retired" in 2010.

41. Ronnie Wilson did not retire THE GAP BAND nor did Ronnie Wilson know or agree

to have this false pronouncement made.



42. Ronnie Wilson and former band member Oliver Scott began, in 2010, discussing

putting together a Gap Band tour or playing a few dates. At the time, Ronnie Wilson

did not feel he was physically up to touring.

43. In mid-October, 2012, Ronnie Wilson discovered the domain names

"thegapband.com" and "gapband.com" were registered to someone else and were not

available. Ronnie Wilson did not know at that time in whose name the domain names

thegapband.com and gapband.com were registered.

44. On October 25, 2012, Ronnie Wilson obtained the domain name gapbandmusic.com.

The gapandmusic.com domain name is still currently registered to Ronnie Wilson.

Exhibit 7.

45. TFIE GAP BAND songs are currently played throughout the internet on such internet

radio sites as Pandora, Spotify, and many others.

46. THE GAP BAND albums have been marketed online and sold in stores for decades.

47. Promoter, talent buyer, and consumer interest in THE GAP BAND is ongoing.

48. Ronnie Wilson in 2015 as set forth in detail herein organized and had contracts for

show dates at several venues, and tickets had gone on sale for two of the show dates

until stopped by the wrongful actions of the Defendants.

Paran and 1CM

49. On information and belief, Paran is the owner and CEO of Defendant P Music Group,

Inc.



50. Defendant Michael Paran is the registrant to the domain names thegapband.com and

gapband.com.

51. On information and belief, Paran' s can be held personally liable for his intentional

acts as set forth herein, including tortious interference and trademark infringement,

unfair competition, and personally owning and diverting the two Gap Band web sites

to Charlie Wilson, personally and directly injured Plaintiff.

52. On information and belief, Paran in some capacity, either individually or through a

company he owned, managed The Gap Band for a period of time prior to Charlie

Wilson's 2009 abandonment of the band and Paran's 2009 leaving as manager of the

band to manage Charlie Wilson. Paran is Charlie Wilson's step son.

53. Defendant P Music Group is the manager of Charlie Wilson.

54. Defendant 1CM Partners is Charlie Wilson's Agent.

B. Defendants Charlie Wilson, Michael Paran, P Music Group, and 1CM tortuous interference with Ronnie Wilson and THE GAP BAND's contracts

55. In mid-2015, Ronnie Wilson and Oliver Scott organized a band for THE GAP BAND

concert tour. Former GAP Band members were included in the band.

56. Ronnie Wilson hired booking managers Teny Harvey ("Harvey") and Teny Nichols

("Nichols") of Starrlite Concerts, LLC for booking management of THE GAP BAND

tour.

Plaintif?s Original Complaint and Jury Demand -


57. Carlos Keyes ("Keyes"), of Red Entertainment Agency, was hired as booking agent

for THE GAP BAND. Carlos Keyes had previously booked dates for THE GAP

BAND in 2005 and 2006.

58. Keyes immediately began to contract (book) show/concert dates for THE GAP

I:!IJ 59. Keyes' first booking for THE GAP BAND was on October 8, 2015. The concert was

contracted to occur at the B.B. King Blues Club & Grill ("B.B. King Club") in New

York City on January 29,2015. This contract guaranteed the band $10,000 plus 70%

GBOR over $20,000. Exhibit 8.'

60. On October 9,2015, Keyes contracted for another show for THE GAP BAND at The

Howard Theater in Washington, D.C., on January 28,2016. This contract guaranteed

the band $10,000 verse 60% GBOR. Exhibit 9 (see also footnote 1).

61. Peter Abraham ("Abraham") was the talent buyer for both the B .B. King Blues Club

& Grill and The Howard Theater.

62. Shortly after, each concert was placed on the Ticketmaster web site as well as The

Howard Theater and B.B. King Club's web sites. Both shows were advertised as

"The Gap Band" in concert.

63. Keyes continued to contact talent buyers and promoters in the industry to book

additional dates for THE GAP BAND.

'Party's bank account information is redacted.



64. On October 20, 2015, Harvey/Nichols/Starrlite Concerts contacted Celebrity Access

and Polistar requesting that each company list Harvey/Nichols/Starrlite Concerts as

the Gap Band Manager and Red Entertainment Inc. as agent on their respective web

sites for THE GAP BAND.

65. Polistar and Celebrity Access are the two leading entertaimnent industry web sites for

talent buyers, promoters, venues, agents and managers in the entertainment industry.

66. Defendants Paran and P Music Group, upon learning that Harvey/Nichols Starrlite

Concerts had contacted Pollstar and Celebrity Access to notify them of their

respective representations, asked Aimee Lee of Celebrity Access by email dated

October 20, 2015, to revert "Gap Band" back to P Music Group, Inc. and 1CM as

Management and Agent..."

67. On information and belief, Pollstar was also contacted by Paran and P Music Group

and were instructed not to list Harvey/Nichols/Starrlite Concerts as the Gap Band

Manager and Red Entertainment Inc. as agent on their respective web sites for THE

68. The October 20, 2015 email by Paran/P Music Group caused Celebrity Access to

remove Teny Harvey as manager of THE GAP BAND and Red Entertainment

Agency (Carlos Keyes) as Agent of THE GAP BAND.

69. On information and belief, on October 20, 2015, Peter Abraham was contacted by

Paran and on information and belief also by Defendant 1CM, regarding THE GAP



BAND shows Abraham had contracted for in The Howard Theater and the B.B. King

Club. Shortly after, on that same date, the web sites for The Howard Theater and the

B .B. King Club and Ticketmaster web site were changed to advertise "The Gap B and

Featuring Ronnie Wilson."

70. On October 21, 2015, Harvey and Keyes received another email from Paran. Within

the email, Paran made threatening statements to Harvey and Keyes that Ronnie

Wilson was fraudulently representing that he owned the trademark and utilizing THE

GAP BAND name to sell Ronnie's show. Copies of the email were also sent to two

individuals who work for Defendant 1CM. The two individuals with 1CM were Mark

Siege! ("Siege!") and Elizabeth Pantone ("Pantone")

71. On October 22,2015, Harvey emailed Paran and informed him, with copies to Siegel

and Pantone with Defendant 1CM, that Paran's claims were unfounded and that THE

GAP BAND was originally formed in 1967 by Ronnie James Wilson, THE GAP

BAND brand belonged to Ronnie Wilson and that Charlie Wilson had given up his

right to use THE GAP BAND name in a document dated March 11, 1991. Exhibit

4(a).

72. On October 22, 2015, a letter was sent by Charlie Wilson's attorney, Stephen J.

Strauss, via email to Jessica L. Henderson, Esq., the attorney listed by the USPTO as

Ronnie Wilson's attorney ofrecord. Strauss claimed confusion overRonnie Wilson's



"unauthorized use" and registration of THE GAP BAND and GAP BAND marks..."

and requested Ronnie Wilson abandon the Applications he had filed with the USPTO.

I. Defendants' Intentional Interference with Contracts between THE GAP BAND wth Ronnie Wilson and The Howard Theater

and B.B. King Blues Club and Grill

73. In an email from Michael Paran dated October 22, 2015, Paran admitted he spoke

with the buyer "...who booked your so called "Gap Band" at the Howard Theater and

BB Kings..." A copy of the email was also sent to Defendant 1CM through Siegel and

Pantone.

74. The shows at The Howard Theater and the B.B. King Blues Club & Grill were

subsequently cancelled by Peter Abraham, the talent buyer of the two different concert

venues.

75. On or about October 22, 2015, when Michael Paran spoke to the buyer who booked

THE GAP BAND for The Howard Theater and B.B. King Blues Club & Grill, it was

Defendant Paran's purpose by contacting the buyer of The Howard Theater and B.B.

King Blues Club & Grill to interfere with, harm, discredit and end the contractual

relationships between THE GAP BAND and The Howard Theater and B.B. King

Blues Club & Grill.

76. On October 23,2015, Keyes received an email from Peter Abraham, of the B .B. King

Blues Club, which notified Keyes that he had been told to "cancel THE GAP BAND

with Ronnie Wilson shows outright."



77. Defendants knew that the consequences of their intentional acts described herein

would cause the cancellation of the contracts with B.B. King Blues Club & Grill and

The Howard Theater.

78. The Howard Theater event appeared as "canceled" on Ticketmaster web site on

October 24, 2015. Exhibit 10.

79. The B.B. King Blues Club & Grill show appeared as "canceled" on Ticketmaster web

site on October 24, 2015. Exhibit 10.

80. Defendants' conduct was a substantial factor in bringing about the cancellation of the

shows at The Howard Theater and B.B. King Blues Club & Grill, without which the

harm to Plaintiff would not have occurred.

ii. Defendants' Intentional Interference with Contracts Between THE GAP BAND and Resorts Casino Hotel,

Sycuan Casino and Yoshi's Jazz Club

81. Additional show dates for THE GAP BAND featuring Ronnie Wilson had been

contracted for, specifically: 1)February 13, 2015, at Resorts Casino Hotel in Atlantic

City in the amount of $20,000, all inclusive. Exhibit 11; 2) February 26, 2015, at

Sycuan Casino in El Cajon, California in the amount of $20,000.00. Exhibit 12; and

3) April 23, 2016 at Yoshi's Jazz Club in Oakland, California in the amount of

$17,500 with a guarantee plus bonus % above split point. Exhibit 13 (hereinafter

"Resorts, Sycuan and Yoshi contracts"). Defendants willfully and intentionally

interfered with the Resorts, Sycuan and Yoshi contracts by their actions set forth



herein and in interfering with Plaintiff's contracts causing the cancellation of The

Howard Theater and B.B. King Blues Club & Grill shows.

82. Defendants knew that the consequences of their intentional acts would cause

cancellation or delay of announcement ofPlaintiff' s shows booked but whose identity

may have been unknown to Defendants, or cause additional shows not to be booked.

Defendants knew or should have known that Plaintiff would likely lose or be impaired

or stopped from performing shows at venues such as Resorts, Sycuan and Yoshi and

other similar venues.

83. The willful and intentional interference by Defendants described herein, along with

causing the cancellations of the B.B. King and The Howard Theater shows, has

proximately caused the Plaintiff injury, including but not limited to stopping and

delaying Plaintiff and Plaintiff's buyers from announcing the contracted dates due to

the proven fear by Plaintiff that Defendants will continue the ongoing history of their

interference by contacting Resorts, Sycuan and Yoshi to intentionally cause the

cancellation of Plaintiff's shows as occurred in The Howard Theater and B.B. King

shows. Defendants' wilful interference has caused Plaintiff loss of credibility with

buyers and the resultant damage of losing show dates Plaintiff would have otherwise

booked.

Plaintiffi s Original Complaint and Jury Demand -


iii. Other Third Parties and Prospective Contracts

84. On October 26, 2015, Stevel Selak, with Selak Entertainment, Inc., sent out a mass

email advertisement to promoters indicating THE GAP BAND featuring founder and

original member Ronnie Wilson was available for booking. That same date, Steve

Selak notified THE GAP BAND's booking manager Terry Harvey that he had

received a cease and desist letter from 1CM and that he could no longer assist Harvey

until legally non-disputed rights to THE GAP BAND name were obtained. Exhibit

14.

85. There was a reasonable possibility that Plaintiff would have entered into contracts for

shows with third parties, other venues and talent buyers, but for Defendants tortious

or unlawful conduct, which included unlawful interference of contracts of The

Howard Theater and the B.B. King Blues Club & Grill shows.

86. Defendants' conduct was a substantial factor in injuring Plaintiff causing Plaintiff

actual harm and damage by causing buyers who would have contracted with Plaintiff

to not contract with Plaintiff.

87. As a result of the tortious conduct described above, Ronnie Wilson's regular booking

agents have ceased booking his acts. Ronnie Wilson as a result has suffered the loss

of revenue that he would have derived from the future efforts of his booking agents

Carlos Keyes of Red Entertainment Agency and Steve Selak of Selak Entertainment,

inc.



88. Ronnie Wilson is therefore entitled to recover damages from Defendants to be

determined at the trial of this action.

C. Defendants' Infringing Activities

89. Michael Paran of P Music Group claims on Polistar and Celebrity Access web sites

to be the current manager of THE GAP BAND. Exhibits 15(a) and 15(b),

respectively.

90. Defendant 1CM claims on Polistar and Celebrity Access web sites to be the current

agent of THE GAP BAND. Exhibits 15(a) and 15(b). However, 1CM does not list

THE GAP BAND on its roster. Exhibit 16. 1CM does list Defendant Charlie Wilson

on its roster. Exhibit 16.

91. From the date Charlie Wilson left THE GAP BAND to pursue his solo career in 2009

to present, Michael Paran and/or P Music Group have never been authorized by the

owner of the mark and founder of the band, Ronnie Wilson, to manage or represent

THE GAP BAND.

92. From the date Charlie Wilson left THE GAP BAND to pursue his solo career in 2009

to present, 1CM has never been authorized by the owner of the mark and founder of

the band, Ronnie Wilson, to be the agent or to represent THE GAP BAND.

93. Defendant Charlie Wilson has no trademark rights in the mark THE GAP BAND and

is not authorized to use the mark. Charlie Wilson in 2009 abandoned any rights that

he may have had in the mark THE GAP BAND.



94. On October 26, 2015, Ronnie Wilson discovered the domain of thegapband.com and

gapband.com were diverted to the domain name "charliewilsonmusic.com."

95. Investigation revealed Paran registered the domain names thegapband.com and

gapband.corn in 1999. Printouts from Network Solutions' WHOIS database reflect

Paran as the registrant of thegapband.com and gapband.com domain names. Exhibits

17(a) and 17(b). The internet domain name registrant information is Michael Paran.

The Registrant Organization Name is Michael Paran. The email address reflects

[email protected] Ronnie Wilson is unaware of how long

thegapband.com and gapband.com domain names have been diverted to

charliewilsonmusic.com. On information and belief, the domain names have been

pointed to Charlie Wilson's solo career promotional site since 2013. See P Music

Group web site page for Charlie Wilson(thegapband.comlcharlieDisc.html and

thegapband.comlcharlieMedia.html); Exhibits 18(a) and 18(b), respectively.

96. On November 2, 2015, Ronnie Wilson discovered that "THE GAP BAND" is listed

on Defendants Michael ParanfP Music Group's web site on their Roster and had

previously been listed as a "Featured Artist." Until November 2, 2015, Ronnie

Wilson was unaware that Michael Paran and/or P Music Group had been and are

claiming to have "THE GAP BAND" on their roster (Exhibit 19) and as well as in

Pacific Coast Pirate Entertainment registered the copyright in 2015 to Charlie Wilson's autobiography, lAm Charlie Wilson.



2010 as one of their "Featured Artists." Exhibit 19(a)

(http ://gapband.corn/arti St s.htrnl) and 19(b) (http ://gapband.coin/arti sts .htrnl).

97. Michael Paran and/or P Music Group are not authorized to manage THE GAP BAND.

98. Michael Paran and/or P Music Group do not have the right to claim THE GAP BAND

as one of his/their featured artists or to be listed on their roster.

99. Michael Paran and/or P Music Group have unjustly enriched themselves by deceiving

and presenting to the public, including ticket buyers and prospective talent buyers that

they manage THE GAP BAND when they do not.

100. Michael ParanlP Music Group Wilson have diminished the market for THE GAP

BAND. On the one hand, these defendants publically claim to manage THE GAP

BAND but in reality, Michael ParanfP Music Group are, without Ronnie Wilson's

knowledge or consent, funneling and directing all potential talent buyers, the public,

and promoters to Charlie Wilson (the solo artist) to perform for them instead of THE

101. THE GAP BAND name is being used by Defendants in competition with Plaintiff,

thereby giving Defendants an unfair competitive advantage because those consumers,

talent buyers and promoters who want to contract with and promote a show with THE

GAP BAND are instead being wrongfully diverted to these Defendants and to Charlie

Wilson as a solo artist. The wrongful diversion of the domain names thegapband.com

and gapband.com to Charlie Wilson's a solo artist web site causes consumers, talent



buyers and promoters to hire and contract with Charlie Wilson the solo artist rather

than THE GAP BAND.

102. Charlie Wilson, Michael Paran and P Music Group have caused confusion, mistake

and/or deception in the minds of members of the trade and of the public, including

ticket buyers and promoters.

103. Charlie Wilson performed a concert on October 13, 2012 in Beaumont, Texas. This

concert was performed years after Charlie Wilson left THE GAP BAND. However,

the show was billed and advertised as "Charlie Wilson featuring The Gap Band" and

was also advertised and promoted as Charlie Wilson performing and The Gap Band

also performing. Exhibits 20(a), 20(b), and 20(c). THE GAP BAND did not perform

on October 13, 2012, either alone or featured with Charlie Wilson. On information

and belief, there are other instances by Defendants of unfair competition under State

law.

104. Once Charlie Wilson and Michael Paran abandoned THE GAP BAND in 2009 to

pursue Charlie Wilson's solo career, Ronnie Wilson never authorized Charlie Wilson

or his manager, Michael Paran and/or P Music Group, to use the trademark THE GAP

105. Any use of THE GAP BAND trademark, including the unauthorized diversion of the

domain names "thegapband.com" and "gapband.com" and/or any use at all of "THE

GAP BAND" trademark by Charlie Wilson and Michael ParanlP Music Group in



conjunction with Charlie Wilson as the solo artist (known as Charlie Wilson) was and

is unauthorized by Ronnie Wilson, the original founding member and common law

owner of THE GAP BAND trademark.

106. Defendants have infringed and continue to infringe upon Plaintiff Ronnie Wilson's

common law rights in the trademark "THE GAP BAND" by unlawfully directing and

pointing consumers, the public, talent buyers, promoters, and internet users who have

typed in the names thegapband.com and gapband.com within the State of Texas and

elsewhere to the web sites of the solo artist known as Charlie Wilson.

107. Defendants Michael Paran and P Music have infringed and continue to infringe upon

Plaintiff's common law trademark of "THE GAP BAND" by their listing on their web

site of "THE GAP BAND" as being on their Roster and/or their "featured artist".

D. Defendants' Charlie Wilson, Michael Paran and P Music Group violations of the

Anticybersquatting Consumer Protection Act

108. Paran registered the domain names thegapband.com and gapband.com in 1999.

Exhibits 17(a) and 17(b). Registrant information is Michael Paran. The Registrant

Organization Name is Michael Paran.

109. On information and belief, thegapband.com and gapband.com domain names were

previously pointed to Charlie Wilson's solo career promotional web page on P Music

Group's web site at least since 2013. Exhibits 18(a) and 18(b).



110. Thegapband.com and gapband.com domain names are presently diverted to

charliewilsonmusic.com.

111. Charlie Wilson, Michael Paran and P Music Group trafficked in or used and are using

the domain name thegapband.com and gapband.com.

V. COUNTS

COUNT 1 TORTIOUS INTERFERENCE WITH EXISTING CONTRACT WITH THE HOWARD THEATER AGAINST DEFENDANTS

CHARLIE WILSON, MICHAEL PARAN, P MUSIC GROUP AND 1CM

112. Plaintiff incorporate all preceding paragraphs as if repeated herein verbatim.

113. Plaintiff had an existing contract with The Howard Theater in Washington, D.C. to

perform a show on January 28, 2016.

114. As set forth in the facts, Defendants willfully and intentionally interfered with the

contract with The Howard Theater. Defendants desired to cause the consequences of

their interference, that is, to stop the Plaintiff's show from occurring.

115. Defendants did stop Ronnie Wilson from performing.

116. Defendants' willful and intentional interference proximately caused Plaintiff's injury.

117. Defendants' willful and intentional interference caused actual damages or loss to

Plaintiff.

118. Plaintiff Ronnie Wilson seeks exemplary damages for Defendants' tortious conduct

pursuant to Section 4 1.003 of the Texas Civil Practices and Remedies Code.



COUNT 2 TORTIOUS INTERFERENCE WITH EXISTING CONTRACT

WITH THE B.B. KING BLUES CLUB & GRILL AGAINST DEFENDANTS CHARLIE WILSON, MICHAEL PARAN, P MUSIC GROUP AND 1CM

119. Plaintiff incorporates all preceding paragraphs as if repeated herein verbatim.

120. Plaintiff had an existing contract with B.B. King Blues Club & Grill in New York

City to perform a show on January 29, 2016..


contract with B.B. King Blues Club & Grill. Defendants desired to cause the

consequences of their interference, that is, to stop the Plaintiff's show from occurring.

122. Defendants did stop Ronnie Wilson from performing.



Plaintiff.


pursuant to Section 41.003 of the Texas Civil Practices and Remedies Code.

COUNT 3 TORTIOUS INTERFERENCE WITH EXISTING CONTRACT WITH RESORTS CASINO HOTEL AGAINST DEFENDANTS



127. Plaintiff had an existing contract with Resorts Casino Hotel in Atlantic City to

perform a show on February 13, 2016.




contract with Resorts Casino Hotel. Defendants desired to cause the consequences of




Plaintiff.



COUNT 4 TORTIOUS INTERFERENCE WITH EXISTING CONTRACT WITH SYCUAN CASINO AGAINST DEFENDANTS



133. Plaintiff had an existing contract with Sycuan Casino in El Cajon, California to

perform a show on February 26, 2015.


contract with Sycuan Casino. Defendants desired to cause the consequences of their

interference, that is, to stop the Plaintiff's show from occurring.



Plaintiff.



137. Plaintiff seeks exemplary damages for Defendants' tortious conduct pursuant to

Section 41.003 of the Texas Civil Practices and Remedies Code.

COUNT 5 TORTIOUS INTERFERENCE WITH EXISTING CONTRACT WITH YOSHI'S JAZZ CLUB AGAINST DEFENDANTS



139. Plaintiff had an existing contract with Yoshi's Jazz Club in Oakland, California to

perform a show on April 23, 2016.


contract with Yoshi's Jazz Club. Defendants desired to cause the consequences of


141. Defendants' willful and intentional interference proximately caused Plaintiffs injury.


Plaintiff.


pursuant to Section 41.003 of the Texas Civil Practices and Remedies Code.

COUNT 6 TORTIOUS INTERFERENCE WITH PROSPECTIVE CONTRACTS BY DEFENDANTS CHARLIE WILSON, MICHAEL PARAN,

P MUSIC GROUP AND 1CM




145. There was a reasonable probability that THE GAP BAND would have entered into

contractual relationships with buyers of Plaintiff's show but for Defendants' tortious

or unlawful acts that prevented the relationship from occurring.

146. As set forth in the facts, Defendants committed intentional torts of interfering with the

contracts of The Howard Theater and B.B. King Blues Club & Grill as set fort in

Counts 1 and 2. which has prevented the contractual relationships from occurring.

147. Defendants committed intentional torts of interfering with the contracts of Resorts,

Sycuan and Yoshi venues as set forth in Counts 3, 4 and 5.

148. Defendants did the acts with a conscious desire to prevent buyer contractual

relationships with THE GAP BAND from occurring or Defendants knew that their

interference was certain or substantially certain to occur as a result of Defendants'

conduct.

149. Plaintiff suffered actual harm or damage as a result of the defendants' interference.

150. Defendants' tortious and unlawful conduct caused Plaintiff to suffer actual damages

and other losses.



COUNT 7 COMMON LAW UNFAIR COMPETITION UNDER STATE LAW BY DEFENDANTS CHARLIE WILSON,

MICHAEL PARAN AND P MUSIC GROUP




153. Ronnie Wilson owns the common law rights in the mark THE GAP BAND and the

mark has been used by Plaintiff in connection with its services continuously since

1968, when THE GAP BAND was founded by Plaintiff.

154. Plaintiff's mark THE GAP BAND is an inherently distinctive trademark to both the

public and trade in connection with its services, including live performances and

entertainment services.

155. Defendants have been using THE GAP BAND mark since 2010.

156. Defendants' use was intended to mislead the public and lead to confusion and

mistake.

157. The Defendants' actions as set forth above and herein constitute unfair competition

under the laws of the State of Texas.

158. THE GAP BAND name is being used by Defendants in competition with Plaintiff,

thereby giving Defendants an unfair competitive advantage because those consumers,

talent buyers and promoters who want to contract with and promote a show with THE

GAP BAND are instead being wrongfully diverted to these Defendants and to Charlie

Wilson as a solo artist. The wrongful diversion of the domain names thegapband.com

and gapband.com to Charlie Wilson's a solo artist web site causes consumers, talent

buyers and promoters to hire and contract with Charlie Wilson the solo artist rather

than THE GAP BAND.



159. On information and belief, there exists shows such as the concert in Beaumont, Texas

on October 13, 2012, where Defendants unlawfully used THE GAP BAND name to

confuse consumers into purchasing tickets believing THE GAP BAND was

performing when THE GAP BAND did not perform. Defendants also unlawfully

used THE GAP BAND mark to bolster Charlie Wilson's solo career.

160. Ronnie Wilson has suffered serious financial injury by Defendants' infringement on

his mark THE GAP BAND and use of it in competition with Plaintiff.

COUNT 8 COMMON LAW UNFAIR COMPETITION UNDER STATE LAW BY DEFENDANT 1CM


162. Ronnie Wilson owns the common law rights in the mark THE GAP BAND and the

mark has been used by Plaintiff in connection with its services continuously since

1968, when THE GAP BAND was founded by Plaintiff.

163. Plaintiff's mark THE GAP BAND is an inherently distinctive trademark to both the

public and trade in connection with its services, including live performances and

entertainment services.

164. On information and belief, ICM's use of the mark has been since the time Charlie

Wilson abandoned THE GAP BAND in 2009.

165. Defendant ICM's use of THE GAP BAND mark was intended to mislead the trade

and the public and lead to confusion and mistake and was intended to cause and



threatens to continue to cause confusion, mistake and/or deception in the minds of

members of the trade and of the public.

166. Defendant 1CM has been using the mark holding itself out as Agent for THE GAP

BAND in the trade and on talent buyer web sites, including Pollstar and Celebrity

Access. 1CM does not list THE GAP BAND on its roster.

167. 1CM has not been authorized since 2009 to be the Agent for THE GAP BAND and

1CM is not the Agent for THE GAP BAND.

168. The Defendant's actions as set forth above and herein constitute unfair competition

under the laws of the State of Texas.

169. Ronnie Wilson has suffered serious financial injury by Defendant's infringement on

his mark THE GAP BAND and use of it in competition with Plaintiff.

COUNT 9 COMMON LAW TRADE MARK INFRINGEMENT BY DEFENDANTS CHARLIE WILSON, MICHAEL PARAN,

P MUSIC GROUP AND 1CM


171. Plaintiff Ronnie Wilson owns as established in the facts aforesaid and herein the

common law rights in the mark THE GAP BAND. Ronnie Wilson was the founder

and the first person to use the mark in commerce in connection with the musical

performances and services, and has used the mark continuously since he founded the

band.



172. Defendants conduct aforesaid constitutes a violation of 15 U.S.C. §1125(a), by

infringement of Ronnie Wilson's aforementioned valid, protectable and distinctive

mark THE GAP BAND. Defendants' acts and conduct as set forth in the facts and

herein shows infringement by demonstrating that there is a likelihood of confusion.

The use by Defendants in the United States of the mark of THE GAP BAND in

connection with a musical performance, concert or appearance by a musician by any

party other than Ronnie Wilson falsely designates the origin of those services, is a

false or misleading description of fact or a false or misleading representation of fact,

and constitutes an infringement of Ronnie Wilson's protectable and distinctive

ownership of the mark THE GAP BAND used to promote musical performances.

Defendants' unlawful use of the mark include:

a. The unauthorized use by Paran and P Music Group by claiming THE GAP

BAND on their Roster on the P Music Group web site;

b. The unauthorized use by Paran and P Music Group by claiming to be manager

of THE GAP BAND on Celebrity Access and Polistar talent buyer listings;

c. The unauthorized use by 1CM by claiming to be manager of THE GAP BAND

on Celebrity Access and Polistar talent buyer listings;

d. Defendants Charlie Wilson, Paran, P Music Group and ICM's unauthorized

use of the trademark and their unlawful claimed rights in the trademark of

THE GAP BAND to stop Plaintiff from performing in any concerts by



threatening, sending false claims in ernails to talent buyers, agents, making

phone calls with Defendants unlawful claims, and otherwise interfering with

Plaintiff's contracts as set forth in Counts 1, 2, 3,4, and 5, and interfering with

Plaintiff's prospective contracts as set forth in 6, and any other actions

unknown to Plaintiff, all of which unlawfully prevented Plaintiff from

performing and fulfilling contractual obligations and being paid for musical

performances.

e. The unauthorized pointing of thegapband.com and gapband.com domain

names to Charlie Wilson's web site to create confusion that Charlie Wilson's

solo career web site and THE GAP BAND are one in the same.

f. The unauthorized pointing of thegapband.com and gapband.com domain

names to Charlie Wilson's solo career site unlawfully diverts, usurps and

converts business to Defendants.

173. Defendants' wrongful acts including their use in commerce in the United States of the

mark THE GAP BAND is likely to cause confusion, mistake or to deceive as to the

affiliation, connection, or approval, or as to the origin or sponsorship of Defendants'

services.

174. Such acts falsely represent that Defendants' services or commercial activities are

authorized, sponsored or approved of by Ronnie Wilson, when in fact they are not.

This conduct is in violation of 15 U.S.C. §1125(a).



175. The Defendants' violation has been and remains willful, intentional and deliberate.

176. The Defendants' conduct is causing and threatens to cause Ronnie Wilson irreparable

injury, and leaves Ronnie Wilson without an adequate remedy at law as a

consequence of Defendants' conduct. Therefore, Ronnie Wilson is entitled to, inter

alia, injunctive relief.

177. Ronnie Wilson has been and threatens to continue to be materially, immediately and

irreparably injured by Defendants' acts and conduct in that there is a likelihood of

confusion, and/or Defendants have, and threaten to continue to cause confusion

among members of the trade and the public, including, talent buyers, ticket buyers,

forum hosts and promoters, thereby threatening to and/or actually causing damage to

the goodwill developed by Ronnie Wilson. Ronnie Wilson is without adequate

remedy at law.

178. Ronnie Wilson is entitled to an injunction against Defendants' use of the mark THE

GAP BAND in commerce, as well as damages for unlawful use.

COUNT 10 - ANTICYBERSQUATTING BY DEFENDANTS CHARLIE WILSON, MICHAEL PARAN AND P MUSIC GROUP


180. The domain names thegapband.com and gapband.com registrant information is

Michael Paran. The Registrant Organization Name is Michael Paran.

181. Defendants Charlie Wilson, Michael Paran and P Music Group trafficked in or used

and are using the domain name thegapband.com and gapband.com.

Plaintiffs Original Complaint and Jury Demand -


182. The domain names thegapband.com and gapband.com are identical or confusingly

similar to Plaintiff's protected mark owned by Plaintiff.

183. Upon information and belief, Defendants have a bad faith intent to profit from the use

of the Internet domain names tbegapband.com and gapband.com by creating an

unlawful association with Plaintiff's famous THE GAP BAND trademark as to source

or sponsorship.

184. The Defendants' diversion of the domain names thegapband.com and gapband.com

to Charlie Wilson's solo career web site domain, charliewilsonmusic.eom, was done

by Defendants in bad faith with intent to profit from the goodwill associated with

THE GAP BAND trademark.

185. The Defendants' use of thegapband.com and gapband.com domain names has caused

confusion, is identical to Plaintiffs mark, and dilutes the distinctive quality of

Plaintiff's famous THE GAP BAND trademark.

186. Defendants have used thegapband.com and gapband.com domain names with the bad

faith intent of causing harm to Plaintiff and his trademark of THE GAP BAND.

187. Defendants have used the domain names thegapband.com and gapband.com to

promote Defendants' agenda and to divert consumers to Charlie Wilson's solo career

web site with the bad faith intent to harm Plaintiffs goodwill and to profit from

Plaintiffs mark by creating a likelihood of confusion as to source, sponsorship,

affiliation or endorsement of the Defendant Charlie Wilson's solo career web site.



188. Plaintiff has been damaged by Defendants' unlawful use of the thegapband.com and

gapband.com domain names and will suffer irreparable harm.

189. Defendants' acts, as aforesaid, are in violation of the Anticybersquatting Consumer

Protection Act under Section 43(d) of the Lanham Act, 15 U.S.C. § 1125(d).

190. Defendant's unauthorized use of the infringing domain name has caused and unless

enjoined, will continue to cause, irreparable injury to Plaintiff and to the goodwill

associated with THE GAP BAND mark.

191. Because Defendants' infringing conduct has caused and is likely to cause substantial

injury to the public and to Plaintiff, Plaintiff is entitled to injunctive relief, and to

recover either statutory damages under 15 U.S.C. § 1117(d) or Defendants' trebled

profits, together with Plaintiff's costs and reasonable attorneys' fees pursuant to 15

U.S.C. § 1117(a).

VI. PUNITIVE DAMAGES

192. Plaintiffs' claims allow for the award of punitive/exemplary damages. Defendants'

actions were willful, wanton and reckless. Plaintiff requests that punitive damages

be awarded against Defendants.

VII. DAMAGES

193. Plaintiff seeks recovery of:

a. Lost profits and lost valuable goodwill;

b. All of Plaintiff's general, actual, special and consequential damages;



c. Costs of court;

d. Attorneys' fees as provided by law;

e. Pre- and post-judgment interest as allowed by law; and

f. Punitive damages as may be determined by the finder of fact.

194. Plaintiff also seeks permanent injunction enjoining Defendants from using THE GAP

BAND trademark and anticybersquatting the domain names thegapband.com and

gapband.com..

JURY REQUEST

195. Pursuant to the U.S. Const. amend. 7, Federal Rule of Civil Procedure 38, and Local

Rule 38.1, Plaintiff hereby demands a trial by jury on all issues of fact.

VIII. PRAYER

196. WHEREFORE, Plaintiff demands judgment:

a. Permanently enjoining defendants, their agents, servants, employees, and

attorneys and all those acting in concert with them from infringing THE GAP

BAND mark;

b. Award Ronnie Wilson his damages for unlawful use, including without

limitation defendant' profits, all damages sustained by Ronnie Wilson, the

costs of this action, and reasonable attorneys' fees, and damages resulting from

the tortious conduct for which Defendants are liable;



c. Directing that Defendants cease the diversion of thegapband.com and

gapband.com domain name to charliewilsonmusic.com and removing from all

talent buyer web sites and all other sites that Defendants 1CM and P Music

Group and Michael Paran represent THE GAP BAND in any capacity

whatsoever and;

d. Granting such other and further relief as to this Court deems just and proper.

e. That judgment be entered for Plaintiff against Defendants for three times the

amount of actual damages sustained;

f. That all Defendants shall be held jointly and severally liable for all damages,

costs, and attorneys' fees assessed against them;

g. That Plaintiff recover special and exemplary damages;

h. That Plaintiff recover from Defendants all costs of Court and attorneys' fees;

i. That Plaintiff be awarded pre- and post-judgment interest at the highest legal

rate; and

j. That Plaintiff receives such other relief as the Court may deem just and proper

under law or equity.

Dated: November 20, 2015



Respectfully submitted,

/2ec ,?4; Bill Zuhdi, TX Bar No.: #22293340 The Zuhdi Law Firm P.O. Box 1077 Oklahoma City, OK 73101 (405) 232-1400 (office) (405) 755-9686 (facsimile) [email protected] ATTORNEY FOR PLAINTIFF



gap band complaint.pdf

Documents

gap band ronnie wilson

gap band plaintiff

gap band trademark

gap band files

plaintiff ronnie wilsons

robert wilson

brother ronnie wilsons

defendant charlie wilson