Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA896173 Filing date: 05/11/2018 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Notice of Opposition
Notice is hereby given that the following party opposes registration of the indicated application. Opposer Information
Name Emmanuel Gazmey-Santiago Granted to Date 05/12/2018 of previous ex- tension Address 149 Calle CM3Jardines de Country Club Carolina, PR 00983 UNITED STATES
Attorney informa- Javier Villar-Rosa tion Prado, Nunez & Associates, PSC 403 Calle del Parque 8th Floor San Juan, PR 00912 UNITED STATES Email: [email protected], [email protected] Phone: 7879771411 Applicant Information
Application No 87455709 Publication date 03/13/2018 Opposition Filing 05/11/2018 Opposition Peri- 05/12/2018 Date od Ends Applicant TIME IS MONEY PRODUCTION INC. 6326 Kearce St. Orlando, FL 32807 UNITED STATES Goods/Services Affected by Opposition
Class 009. First Use: 2016/04/00 First Use In Commerce: 2016/04/00 All goods and services in the class are opposed, namely: Sound recordings, video recordings, andau- dio-visual recordings featuring music; Digital music and video featuring music and musical perform- ances downloadable from the Internet; Sound recording, video recordings, and audio-visual record- ings featuring artistic performances Class 041. First Use: 2016/03/00 First Use In Commerce: 2016/03/00 All goods and services in the class are opposed, namely: Entertainment services in the nature oflive performances by a musical artist Grounds for Opposition
Fraud on the USPTO In re Bose Corp., 580 F.3d 1240, 91 USPQ2d 1938 (Fed. Cir. 2009)
Related Proceed- Gazmey-Santiago et al. v. Suarez et al., Civil Case No. 17-01650-ADC, now ings pending before the United States District Court for the District of Puerto Rico. Attachments Notice of Opposition - Real Hasta La Muerte Anuel AA.pdf(65690 bytes ) Exhibit 1 - SS Anuel AA.pdf(253129 bytes ) Exhibit 2 - PRTO Real Hasta La Muerte TM Application.pdf(93890 bytes ) Exhibit 3 - SS Jose Gazmey.pdf(176016 bytes ) Exhibit 4 - Amended Federal Complaint PR.pdf(152245 bytes ) Exhibit 5 - Docket Report Federal Complaint PR.pdf(214849 bytes ) Exhibit 6 - SS Ramon Luis Otero Lopez.pdf(148626 bytes )
Signature /jvr/ Name Javier Villar-Rosa Date 05/11/2018
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Emmanuel Gazmey-Santiago p/k/a Anuel AA Opposer Opposition No.
v.
Re: Fraudulent Application Time Is Money Production Inc. Applicant
Notice of Opposition
COMES NOW, Emmanuel Gazmey-Santiago, before this Honorable United States
Trademark Trial and Appeal Board and, through the undersigned counsel, respectfully opposes the application for trademark registration Serial No. 87455709 under 37 CFR
PART 2 § 2104 and § 13 of the Lanham Act,15 U.S.C. § 1063.
In the matter of the application for registration of the mark "Real Hasta La Muerte" for
Sound recordings, video recordings, and audio-visual recordings featuring music; Digital music and video featuring music and musical performances downloadable from the
Internet; Sound recording, video recordings, and audio-visual recordings featuring artistic performances, in International Class 41, and for Entertainment services in the nature of live performances by a musical artist, in International Class 9, filed on May 18, 2017 by
Applicant, Time Is Money Production, Inc., and published for opposition in the Official
Gazette on March, 13, 2018, Opposer, Emmanuel Gazmey-Santiago, believes that he would be damaged by such registration, and hereby opposes such registration.
-1- I. Synopsis:
Opposition is filed on the basis that Mr. Emmanuel Gazmey-Santiago is the lawful owner of the trademark at issue, while applicant Time is Money Production Inc. has fraudulently alleged entitlement to ownership.
II. Brief statement of factual allegations:
1. Opposer Emmanuel Gazmey-Santiago is an internationally recognized artist that
goes by the stage name "Anuel AA" and who was born on November 26, 1992.
See the link: https://youtu.be/4DZ4YLsICqQ, including Opposer’s use of the
trademark “Real Hasta La Muerte” at 17 seconds.
2. Emmanuel Gazmey-Santiago created and first used the trademark / slogan phrase
"Real Hasta La Muerte" since at least the year January 1, 2009 in connection with
the promotion and furtherance of his musical career. See Exhibit 1 - Sworn
statement by Anuel AA and internet link above.
3. Mr. Gazmey-Santiago is prepared to present this Honorable Board with substantial
and robust proof of his continued and exclusive use in commerce of the trademark
and slogan phrase "Real Hasta La Muerte" since its creation to this day. Such
evidence includes, but is not limited to, Opposer’s application number 218273-41-
1 for the local trademark registration of the phrase “Real Hasta La Muerte” pending
before the Puerto Rico Department of State Trademark Office or (PRTO). See
Exhibit 2 – Summary of Opposer’s trademark application before the PRTO.
-2- 4. On or around the year 2019 and when he was still a minor, Mr. Gazmey-Santiago
was approached by Mr. Carlos Suárez who offered to promote his music and help
improve his career.
5. Upon information and belief, Mr. Carlos Suárez is the president and/or director and
officer of the entity Maybach Music Latino (“MML”) which is a sub-division of
Maybach Music Group, L.L.C., a record label imprint founded by artist William
Leonard Roberts, II (“Rick Ross”).
6. Upon information and belief, Time is Money Production Inc. is a corporation
somehow affiliated to and controlled by Mr. Carlos Suárez and MML.
7. Currently, Emmanuel Gazmey-Santiago and Mr. Carlos Suárez are not business
associates, and Opposer moreover alleges they never were.
8. Emmanuel Gazmey-Santiago has no affiliation whatsoever with trademark
Applicant Time is Money Production Inc.
9. Emmanuel Gazmey-Santiago has never authorized applicant Time is Money
Production Inc. to prosecute trademark applications on his behalf.
10. There was no enforceable contract between Mr. Gazmey-Santiago and Mr. Carlos
Suárez prior to the filing date of the trademark application at issue. Any alleged
agreement along those lines was merely the object of non-binding
pronouncements that took place while Opposer was a minor and without the
approval of his parents. However, and this fact notwithstanding, Applicant has not
and cannot produce any authentic material contract signed by Opposer.
11. Emmanuel Gazmey-Santiago can establish this fact by way of the sworn testimony
of his father, José Gazmey, who is also his current business associate, and the
-3- expert testimony of a professional calligraphist willing to testify in this proceeding.
Also, see Exhibit 3 – Sworn Statement by José Gazmey.
12. Notwithstanding the lack of existence of an enforceable contract, Mr. Gazmey-
Santiago and Mr. Carlos Suárez and MML have engaged in a legal dispute based
upon accounting and copyright infringement matters.
13. Moreover, Mr. José Gazmey has made a timely notice of such claims, including
protesting the fact that Mr. Carlos Suárez is making an unlawful appropriation of
his son’s trademarks. See Exhibit 3, paragraph 4 through 12.
14. These matters became obvious when on May 16, 2017, Mr. Gazmey-Santiago and
his father, (henceforth the “Gazmeys”), filed a lawsuit which is now pending before
the United States District Court for the District of Puerto Rico, Gazmey-Santiago
et al. v. Suarez et al., Civil Case No. 17-01650-ADC (PRDC).
15. The Amended Complaint in that case is attached herein as Exhibit 4 and the
docket report for the case as of this month as Exhibit 5.
16. Notice Cause of Action C of the Amended Complaint which alleges
misappropriation of image and likeness. See Exhibit 4, Pg. 13.
17. This Honorable Board should take notice that the present application was filed two
days after the filing of the aforementioned lawsuit.
18. On top of that, applicant Time Is Money Production Inc. made an unsuccessful
attempt to register Mr. Gazmey-Santiago's artistic name "Anuel AA" under
trademark application serial number 87455638.
-4- 19. Given trademark application was abandoned on February 22, 2018, when
applicant was unable to respond to an office action requesting submission of the
required sworn statement by Mr. Gazmey-Santiago.
20. In the scope of the legal dispute described above, Mr. Carlos Suárez has produced
a contract which the Gazmeys’ have already alleged affirmatively before federal
court is void as it includes a forged signature. See Exhibit 5, pg. 5, document 33
filed on February 9, 2018 and entitled “Opposition to Motion to Dismiss”.
21. Conscious of his precarious legal position, Mr. Carlos Suárez has unsuccessfully
resorted to pleading with some of the Gazmeys' friends and associates, so that
they may serve him to establish the validity of certain alleged contractual terms.
One such example can be corroborated with the sworn statement submitted by
author and musician Ramón Luis Otero López, which is attached herein as Exhibit
6. Notice how Mr. Otero López rejected Mr. Carlos Suárez’ pretensions.
22. Mr. Carlos Suárez’ has also failed to succeed with his false claim before the
Federal District Court in Puerto Rico that he has a contractual right over Anuel
AA’s career, since even by his own admission and assuming, arguendo, that there
was once an enforceable contract between the parties, said alleged contract has
long since expired by virtue of its own terms. See Exhibit 3, paragraph 5.
III. Applicable Law:
Federal law does not create trademarks; trademarks and their precursors have ancient origins, and trademarks were protected at common law and in equity at the time of the founding of our country. Matal v. Tam, 137 S. Ct. 1744, 198 L. Ed. 2d 366 (2017).
Without federal registration, a valid trademark may still be used in commerce and can be
-5- enforced against would-be infringers in several ways, the most important of which is that, even if a trademark is not federally registered, it may still be enforceable under the
Lanham Act, which creates a federal cause of action for trademark infringement. Lanham
Act, § 43(a), 15 U.S.C.A. § 1125(a). Matal v. Tam, Id.
The general rule is that, as between conflicting claimants to the right to use the same trade-mark, priority of appropriation determines the question; the underlying reason being that purchasers have come to understand the mark as indicating the origin of the wares.
United Drug Co. v. Theodore Rectanus Co., 248 U.S. 90, 39 S. Ct. 48, 63 L. Ed. 141
(1918). Thus, the right to a particular mark grows out of its use, United Drug Co., Id.
Fraud in procuring or maintaining a trademark registration can be successfully alleged when an applicant or registrant makes false, material representations of fact in connection with a trademark application or registration with the intent to deceive the U.S. Patent and
Trademark Office (henceforth "USPTO"). Nationstar Mortgage LLC v. Ahmad, Opp. No.
91177036, --- U.S.P.Q.2d --- (T.T.A.B. 2014)
In the case In re Bose Corporation, 91 U.S.P.Q.2d 1938 (Fed. Cir. 2009) the U.S.
Court of Appeals for the Federal Circuit ("CAFC") clarified that those who claim fraud upon the USPTO must demonstrate a "knowing intent to deceive" on the part of the applicant. Accordingly, in any given trademark application and as per 15 U.S.C. § 1051(a), trademark applicants must swear that "[t]o the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive."
-6- IV. Argument:
The current case has a striking resemblance with Nationstar Mortgage LLC v. Ahmad, id, as it does not involve "a nuance of trademark law that applicant may have incorrectly interpreted," but rather "false statements about [applicant's] own industry and his own activities." As a professional executive who makes his living from the music industry, Mr.
Carlos Suárez was aware that "reading, understanding, and verifying the accuracy of documents that one signs is critical." Moreover, Mr. Suárez commissioned his lawyers to file the application on behalf of Applicant, Time is Money Production, Inc., a company controlled at least in part by him. These are the same attorneys that are representing Mr.
Suárez in the case filed before Puerto Rico’s Federal Court. See Exhibit 5, page 5, document 28 filed January 22, 2018, exposition of counsel for the record showing Mr.
Brian A. Bloom’s motion for leave to appear pro hac vice.
As a matter of threshold, there can be no question whatsoever that: 1) Opposer Anuel
AA coined the phrase “Real Hasta La Muerte”, and hence was the first to use it; and 2)
Opposer Anuel AA has used, and continues to use presently, the phrase in connection with his commercial activities in the music industry. See Exhibits 1 and 2 and the link: https://youtu.be/4DZ4YLsICqQ at 17 seconds.
By coining the phrase and using it continually to this day, Opposer has an absolute and unquestionable right to register the trademark to his name, as per abundant and overwhelming precedent laid forth by the Supreme Court of the United States. For example: Matal v. Tam, Id; United Drug Co., Id.
Anyone beside Opposer who alleges they have a right to ownership over the trademark “Real Hasta La Muerte” is straight out lying. If one is to add the fact that such
-7- a liar would check the box prompt provided by the USPTO during the application process, swearing under 15 U.S.C. § 1051(a) that: “"no other persons (...) have the right to use the mark in commerce, (...) in the identical form", then what we have here is a demonstrable and sanctionable act of perjury committed by Applicant.
There is no other way around it. Applicant has made “false, material representations of fact in connection with a trademark application.” Nationstar Mortgage LLC v. Ahmad,
Id. Applicant knew of the claims brought forth by the Gazmeys’ prior to filing of this application (Exhibit 3) but went on to apply anyway. These acts on the part of Applicant show a "knowing intent to deceive" the USPTO. In re Bose Corporation, Id. Thus, it is clear that under common and federal law the trademark application cannot proceed.
V. Request for relief:
WHEREFORE, Opposer, Emmanuel Gazmey-Santiago p/k/a Anuel AA, requests that the application for the mark “Real Hasta La Muerte” Serial No. 87455709 be rejected and that, accordingly, the registration for the mark be refused.
Respectfully submitted,
Javier Villar-Rosa Prado, Nunez & Associates, PSC 403 Calle del Parque 8th Floor San Juan, Puerto Rico 00912 Tel. 787-977-1411 Email: [email protected] Cc: [email protected]
This present Notice of Opposition was sent to the offices of counsel for applicant by both physical and digital mail. The Notice was sent via registered and certified mail and the appearing party has retained proof thereof. The address used for applicant is as follows:
Attorney Brian A. Bloom Moritt Hock & Hamroff LLp 400 Garden City Plaza Garden City, NY 11530 Email: [email protected] [email protected] [email protected]
-8- I, Emmanuel Gazmey Santiago, do hereby declare that I am the creator and owner of the trademark and slogan phrase: "Real hasta la muerte" (Real until death) . Nobody has been authorized to register this mark on my behalf as I have retained and reserved all rights .
I am opposing registration of the aforementioned trademark by Applicant Time is Money Production Inc., which recently filed Trademark Application Serial Number 87455709 .
I have revised all of the allegations in the opposition
filed on my behalf by my attorney and find them adequate and precise. Moreover, I respectfully request that the United
States Patent and Trademark Office (USPTO) reject Application
Serial Number 87455709 as it was filed fraudulently by
Applicant Time is Money Production Inc.
I declare under penalty of perjury under the laws of the
United States of America and the Commonwealth of Puerto Rico that the foregoing is true and correct, and that the present instrument was executed on May 8, 2018 .
Emma~ Santiago
1 Gobierno de Puerto Rico Departamento de Estado Fecha de Presentación: 10-mar-2017 02:49 p.m. Núm. Presentación: 218273-41-1 Núm. Recibo: 63021
GOBIERNO DE PUERTO RICO DEPARTAMENTO DE ESTADO SAN JUAN, PUERTO RICO
SOLICITUD DE REGISTRO DE MARCA
Marca Tipo de Marca Lema Marca REAL HASTA LA MUERTE Número de Presentación 218273-41-1 Fecha de Presentación 10-mar-2017 02:49 p.m. Traducción Requerida No
Renuncia de elementos no registrables Misceláneos Bienes y Servicios Clase Clase 41 Bienes y Servicios Brand Artist Slogan Master Recording ID Record Label Name Logo Charms Advertising Promotions Artist Jingles Merchandise Base de Uso En uso Usada en el Comercio Desde 01-ene-2009 Descripción del Espécimen ESPECIMEN Espécimen 218273-41-1_653444_MSPE_695F7A5F.pdf
Dueño(s)
Nombre Emmanuel Gazmey Santiago Dirección Física Jardines de Country Club Carolina PR 00983, Carolina, PR, 00983 Dirección Postal Jardines de Country Club Carolina PR 00983, Carolina, PR, 00983 Ciudadanía United States Teléfono (Negocio) Teléfono (Móvil) (787) 462-6319 Teléfono (Hogar) (787) 310-7012
218273-41-1 Solicitud de Registro de Marca Página 1 de 2 Teléfono (Hogar) (787) 310-7012 Fax Correo Electrónico [email protected] Sitio Web Nombre Jose M Gazmey Gonzalez Dirección Física Calle 149 CM3, Jardines de Country Club, Carolina, PR, 00983 Dirección Postal Calle 149 CM3, Jardines de Country Club, Carolina, PR, 00983 Ciudadanía United States Teléfono (Negocio) Teléfono (Móvil) (787) 462-6319 Teléfono (Hogar) (787) 310-7012 Fax Correo Electrónico [email protected] Sitio Web Representante
Nombre Emmanuel Gazmey Santiago Dirección Física Jardines de Country Club Carolina PR 00983, Carolina, PR, 00983 Dirección Postal Jardines de Country Club Carolina PR 00983, Carolina, PR, 00983 Teléfono (Negocio) Teléfono (Móvil) (787) 462-6319 Teléfono (Hogar) Fax (787) 310-7012 Correo Electrónico [email protected] Declaración Bajo Pena De Perjurio Solicito que esta marca sea registrada de acuerdo a la Ley de Marcas.
El Solicitante declara que es el Solicitante nombrado en la anterior exposición; que la anterior exposición es cierta; que ninguna otra persona, firma, corporación o entidad jurídica, según su mejor conocimiento y creencia, tiene derecho a usar dicha marca en el comercio de Puerto Rico, ni en idéntica forma, ni en ninguna otra tan parecida a ella que pueda inducir a engaño y que, según su mejor conocimiento, tiene derecho a usar la marca en el comercio de Puerto Rico; que la descripción y los especímenes o los dibujos presentados representan fielmente la marca tal como se usa o usará en el comercio de Puerto Rico; y que hace estas declaraciones bajo pena de perjurio.
El Solicitante reconoce que expresiones o declaraciones falsas vertidas en esta Solicitud, con conocimiento de su falsedad, podrían conllevar una convicción por el delito de perjurio y/o la invalidación de la solicitud de registro o del registro resultante de la misma.
El suscribiente, en su calidad de Representante del Solicitante, manifiesta que todo lo vertido por él en esta solicitud, lo es exclusivamente por creencia o información provista por el solicitante, las cuales cree ser ciertas.
Suscritas hoy 10 de marzo de 2017.
218273-41-1 Solicitud de Registro de Marca Página 2 de 2 Case 3:17-cv-01650-ADC Document 33-1 Filed 02/09/18 Page 1 of 3
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO
Emmanuel Gazmey Santiago A/K/A Anuel AA and José CASE No.: 17-01650 (ADC) Gazmey, a partnership D/B/A Gazmey Music Publishing and Real Hasta la Muerte Music
Plaintiffs Copyright Infringement; Non-Payment of Mechnical v. Royalties; Breach of Contract; Breach of Licensing; Misappropiation Carlos Suárez D/B/A Spiff TV, of Image and Likeness Maybach Music Latino, Maybach Music Group, L.L.C., William Plaintiffs Demand Leonard Roberts II, ABC Trial By Jury Insurance Co., John Doe and Jane Doe, Company 123
Defendants
DECLARATION UNDER PENALTY OF PERJURY OF JOSE GAZMEY
I, Jose Gazmey, hereby declare as follows:
1. I reside in Puerto Rico. I am the father of Emmanuel Gazmey
A/K/A Anuel AA and partner of the musical compositions.
2. Carlos Suarez and my son both informed me that they met
personally in Puerto Rico to negotiate a contract. On said
meeting a management agreement was reached verbally as per
both witnesses account of the meeting.
3. Joxsan Omar Torres Ayala was present at the aforementioned
meeting, as per Joxsan’s conversation with myself. Case 3:17-cv-01650-ADC Document 33-1 Filed 02/09/18 Page 2 of 3
4. I requested Carlos Suarez that he send over the contract more
than ten (10) times. Notwithstanding, all my requests were
either ignored or declined.
5. Carlos Suarez told me he wanted to renegotiate a new contract
since the management contract with Anuel was to expire in
2017.
6. No Publishing rights payments have been made to Anuel or
myself.
7. The only payments made so far have only covered YouTube and
Vevo views.
8. My son has told me that the signature in the High Society
recording contract is not his.
9. Artists RKO, Ozuna, Chris Jeday and Yanpi told me that Suarez
contacted them and asked them to lie about Anuel’s publishing
rights and contracts related to Carlos Suarez. They also told me
that they refused to participate in Carlos Suarez’ false scheme.
10. Suarez placed Anuel’s videos on YouTube and Spotify.
11. Suarez was also the person who prepared Anuel’s biography in
Spotify.
12. Suarez also told me that my son was signed with Maybach Music
Latino, a division of Maybach Music Group, whose president is
William “Rick Ross”. Case 3:17-cv-01650-ADC Document 33-1 Filed 02/09/18 Page 3 of 3 Case 3:17-cv-01650-ADC Document 4 Filed 05/25/17 Page 1 of 19
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO
Emmanuel Gazmey Santiago A/K/A Anuel AA and José Gazmey, a CASE No.: 17-01650 (ADC) partnership D/B/A Gazmey Music Publishing and Real Hasta la Muerte Music
Plaintiffs Copyright Infringement; Non-Payment of v. Mechnical Royalties; Breach of Contract; Breach of Licensing; Carlos Suárez D/B/A Spiff TV, Misappropiation of Image Maybach Music Latino, Maybach and Likeness Music Group, L.L.C., William Leonard Roberts II, ABC Insurance Plaintiffs Demand Co., John Doe and Jane Doe, Trial By Jury Company 123
Defendants
AMENDED COMPLAINT FOR COPYRIGHT INFRINGEMENT, BREACH OF CONTRACT, MISAPPROPIATION OF IMAGE AND LIKENESS & DECLARATORY JUDGMENT
TO THE HONORABLE COURT:
COMES NOW, the Plaintiffs hereby represented by its undersigned attorneys and respectfully states, alleges and prays:
I. JURISDICTION AND VENUE
1. This is an action for copyright infringement arising under the
Copyright Act of 1976, 17 U.S.C., § 115 and related claims, breach or for non-performance of contract, and Puerto Rico Law 139, enacted the 13th of July 2011, known as Ley del Derecho sobre la Propia Imagen, 2011
1 Case 3:17-cv-01650-ADC Document 4 Filed 05/25/17 Page 2 of 19
L.P.R. 139 under its pendent jurisdiction. This Court has jurisdiction of this action under 28 U.S.C. § 1338(a)(b), § 1332 for diversity of citizenship because the amount in controversy exceeds the sum of
$75,000.00 dollars and under 15 U.S.C. § 1121.
2. Venue is proper in this district under 28 U.S.C., § 1391(b) and
1400(a) since defendant’s contacts have been substantial, continuous, and systematic.
II. PARTIES
3. Plaintiff, EMMANUEL GAZMEY SANTIAGO (“Anuel”), is a famous rap, trap and reggaeton artist resident of Puerto Rico, who is artistically known as Anuel AA. He is the author of numerous compositions and
Sound Recordings that are being infringed by defendants and whose image and likeness has been misappropriated.
4. Plaintiff JOSÉ GAZMEY (“Gazmey”) D/B/A Gazmey Music Publishing is a resident of Puerto Rico, the father of plaintiff Anuel and the beneficial owner of the musical compositions and sound recordings. Gazmey Music
Publishing is a partnership between Mr. Gazmey and his son, Anuel. Mr.
Gazmey is also the co-owner of Real Hasta la Muerte Music with his son.
5. Co-defendant CARLOS SUAREZ (“Mr. Suárez”) A/K/A “Spiff TV” and does business under this pseudonym. Mr. Suarez is an individual who upon information and belief resides in the City and State of Orlando. Mr.
Suárez is the president and/or director and officer of Maybach Music
2 Case 3:17-cv-01650-ADC Document 4 Filed 05/25/17 Page 3 of 19
Latino, a sub-division of Maybach Music Group, L.L.C. Upon information and belief, Mr. Suarez has infringed Anuel’s musical compositions, sound recordings and image and likeness rights. To this day Mr. Suárez is reaping the economic benefits from the musical compositions and sound recording streams and from sales of Anuel’s merchandise in Puerto Rico.
6. Co-defendant MAYBACH MUSIC LATINO (“MML”) is a sub-division of
MAYBACH MUSIC GROUP, L.L.C. Upon information and belief, Mr. Suárez is the president and/or director and officer of MML. MML has been infringing Anuel’s musical compositions, sound recordings and image and likeness rights without a valid contract or with an expired contract.
7. Co-defendant MAYBACH MUSIC GROUP, L.L.C. (“MMG”) is a record label imprint, founded by artist William Leonard Roberts, II (“Rick Ross”).
Upon information and belief, MMG’s principal address is 200 Park Avenue
South, Suite 1408, New York, New York 1003 and its Registered Agent is
United Corporate Services, Inc., located at 9200 South Dadeland
Boulevard, Suite 508, Miami, FL 33156. MMG has been infringing Anuel’s musical compositions, sound recordings and image and likeness rights without a valid contract or with an expired contract.
8. Co-defendant WILLIAM LEONARD ROBERTS, II (“Ross”) is an individual, who upon information and belief resides in Davie, Florida. Ross is a world-renowned musical performer doing business under the names
3 Case 3:17-cv-01650-ADC Document 4 Filed 05/25/17 Page 4 of 19
of “Rick Rozay”, “Rick Ross”, and “Rick Ro$$”. Ross is the founder, CEO, and/or director and officer of the record label MMG.
9. Co-defendant ABC INSURANCE COMPANY is the fictitious name of an insurance company that upon Plaintiffs’ belief, during all the times herein mentioned, had in full effect an insurance policy with MMG. The insurance company is a corporation and/or legal entity organized under the Laws of the Commonwealth of Puerto Rico or any state of the United
States, doing business in Puerto Rico and with its principal offices in the
Commonwealth of Puerto Rico or any state of the United States. ABC
INSURANCE COMPANY is jointly liable for all copyright violations, breaches of contract and misappropriations of image and likeness alleged in the complaint. The real name is unknown at this time and will be substituted pursuant to the Federal Rules of Civil Procedure once the real name is made known.
10. Co-defendants JOHN DOE and JANE DOE and the Legal Conjugal partnership they comprise are the fictional names of any persons jointly liable for all copyright violations, breaches of contract, and misappropriations of image and likeness alleged in the complaint, whose names and identities are unknown at this moment. The real name of
JOHN DOE and JANE DOE are unknown at this time and will be substituted pursuant to the Federal Rules of Civil Procedure once the real name is made known.
4 Case 3:17-cv-01650-ADC Document 4 Filed 05/25/17 Page 5 of 19
11. Co-defendant COMPANY 123 is the fictitious name of any company or corporate entity jointly or severally liable for the causes of actions alleged in the complaint. The real name of Company 123 is unknown at this time and will be substituted pursuant to the Federal Rules of Civil procedure once the real name is made known.
III. FACTUAL ALLEGATIONS
12. Anuel is a talented rap, trap and reggaeton artist. In 2010 he began recording music and funding his own music videos. Anuel started gaining popularity in Puerto Rico and the United Stated in 2014 by posting songs online. In 2015 he established his name in the music industry with his contribution to the song “La Ocasión” which registered more than two million views in YouTube in two weeks. As the creator of the Trap genre,
Anuel is the most influential artist in the latin market. His contributions to the genre include songs such as: “La Ocasión”, “Ceniza en Cenicero”,
“Sola”, “Sola Remix”, “Coronamos”, “Soldado y Profeta”, and “Nacimos pa’ Morir”, among others.
13. Co-defendant Mr. Suárez alleges that Anuel signed a contract with
MMG’s Latin sub-division, MML. Mr. Suárez, as MML’s president, alleges that said contract with Anuel gives him the right to fifty (50) percent of all net profits produced by artist through MML’s record deal.
14. As per the alleged contract signed, MML placed Anuel’s Sound
Recordings in the market and commenced economically exploiting the
5 Case 3:17-cv-01650-ADC Document 4 Filed 05/25/17 Page 6 of 19
publishing and image and likeness of artist. MML began to notify certain royalty statements and payments to Gazmey without any itemization or description of the nature and origins of these payments.
15. In order to ascertain the contractual rights of each party Mr.
Gazmey contacted Mr. Suárez requesting copies of the contract allegedly signed by Anuel. Despite agreeing to provide a copy of the contract to
Gazmey, Mr. Suárez never produced the contract. Good faith efforts through Gazmey’s attorneys to obtain a copy of the contract were also ignored by Mr. Suárez and his counsels.
16. Gazmey has questioned the fairness of the contract’s compensation.
The Plaintiffs believe that the alleged 50-50-income split is not in accordance with the music industry’s standards when the artist is the owner of the Sound Recording promoted for sale. Conscious of this fact
Suárez has offered to send a new agreement improving artist’s percentages. Gazmey has declined said offer due to the fact that Suárez has not provided copy of the alleged original contract. In fact, we have recently learned that Mr. Suárez has spoken to Anuel several times.
Suárez has been trying to get Anuel to sign an extension of the alleged contract. He has admitted to Anuel that the duration of the first contract expired. Anuel has told him on several occasions that he does not want to sign an extension. Suárez has also attempted to get Anuel’s father, Jose
Gazmey, to sign a contract amendment to extend the duration of the
6 Case 3:17-cv-01650-ADC Document 4 Filed 05/25/17 Page 7 of 19
contract. Despite knowing that the contract has expired Mr. Suárez has been exercising ownership like rights over Plaintiff’s copyrights and image and likeness that no longer belong to him since the expiration of the contract approximately more than two years ago. These malicious acts coupled with co-defendants refusal to submit the contract and non- payment of mechanical royalties undoubtedly constitute a willful infringement of Plaintiff’s rights and a blatant breach on contract.
17. In the meantime, co-defendants have reaped all the economic benefits pertaining to Anuel’s artistic career without payment, Anuel’s consent, nor a valid contract. The following areas are currently being economically exploited by co-defendants without any compensation and/or royalty payments to artist: 1) mechanical reproduction and/or streaming of the Sound Recordings, 2) misappropriation of Anuel’s name and image for sale of merchandise, and 3) Anuel’s music publishing rights over the songs that are being reproduced, sold, and/or streamed as audiovisuals or recordings. Co-defendants have yet to pay any mechanical royalties for the records manufactured and/or downloaded.
18. Co-defendant Suarez’s acts in Puerto Rico have been substantial, continuous, and systematic. Most of Anuel’s followers are in Puerto Rico and the vast majority of downloads and streamings take place in Puerto
Rico (See Exhibit 1). Also, Mr. Suárez is selling merchandise in Puerto
7 Case 3:17-cv-01650-ADC Document 4 Filed 05/25/17 Page 8 of 19
Rico through the Internet without a contract or an expired contract. (See
Exhibit 2)
19. The songs that are being infringed are “Ceniza en Cenicero” and
“Sola (Remix)”, among many others.1
20. Co-defendants have taken control of Anuel’s audiovisuals in
YouTube and other audiovisual platforms without authorization and/or a contract allowing the monetization of Anuel’s Sound Recordings and/or publishing rights.
21. Needless to say Anuel’s career is presently stagnant, despite reaching the peaks in popularity and record charts because co-defendants have maliciously interfered in negotiations with third parties interested in acquiring sound recording, merchandising and publishing rights.2
IV. CAUSES OF ACTION
A. COPYRIGHT INFRINGEMENT
22. Plaintiff realleges and incorporates by reference each and every allegation of Paragraphs one (1) through twenty-one (21), as if fully set forth herein.
1 Co-defendants have infringed the copyrights of multiple other songs which will be made known further on. 2 Mr. Suárez has willfully lied to plaintiffs about the record label’s proposed terms. On multiple occasions he has informed plaintiffs that record labels were offering advances in the amount of fifty thousand dollars ($50,000). After being approached directly by the record label, Plaintiff became aware that the advances offered were of four hundred and fifty thousand dollars ($450,000). Plaintiffs are deadlocked by the alleged contract with MML. They are unable to take any action as a result of co-defendant’s reluctance to produce copies of the alleged agreement.
8 Case 3:17-cv-01650-ADC Document 4 Filed 05/25/17 Page 9 of 19
23. Plaintiff Anuel is the author and/or co-author of the musical works enumerated in paragraph 19. As author he has the exclusive right to reproduce and distribute or perform the above mentioned songs by sale or other transfer of ownership, or by rental, lease, or lending, copies or phonorecords of the copyrighted work (Section 106 of the Copyright Act of 1976, 17 U.S.C. § 106).
24. Plaintiffs sound recordings and musical compositions registration applications have been submitted to the Copyright Office under service request numbers 1-4925094891, 1-4933137230, and 1-4929081155 respectively.
25. Co-defendants Suárez and/or MML through Cinq have mechanically reproduced, sold, monetized and distributed the sound recordings owned by Plaintiff without having a valid contract. In addition co-defendants
Suárez and/or MML through Cinq have exploited without authorization the publishing rights of the musical works penned by Anuel. Notwithstanding the very successful commercial exploitation of theses rights by co- defendant Suárez and/or MML no payments or royalties including mechanicals have been paid to Anuel. More specifically co-defendants have not paid any royalties for the mechanical reproduction of “Ceniza en
Cenicero” and “Sola (Remix)” whose sole author is Anuel. 17 U.S.C. § 115 of the Copyright Act.
9 Case 3:17-cv-01650-ADC Document 4 Filed 05/25/17 Page 10 of 19
26. Co-defendants have engaged in the reproduction, download, streaming and distribution of the aforementioned songs for their own economic profit, without payment of royalties to artist nor a valid contract. This is a violation Section 115 as aforesaid. Furthermore, co- defendants have not requested mechanical licenses for reproduction of the sound recordings. Similarly co-defendants have not requested synchronization licenses to upload the music in audiovisual platforms and have monetized said publishing rights and sound recordings without consent from plaintiff.
27. Upon information and belief, co-defendants Mr. Suárez and/or MML through Cinq have distributed for sale and/or streaming Anuel’s sound recordings to Apple Music, iTunes, Spotify, Google Play, Pandora and
Deezer. Likewise co-defendant has also uploaded Anuel’s audiovisuals to
YouTube and Vevo, having neither the synchronization licenses nor the sound recording rights to do so.
28. In fact, Vidaprimo, a multi-platform music network, has created a specific channel dedicated to Anuel where all of his audiovisuals have been uploaded. Needless to say the Plaintiffs have never authorized or licensed synchronization or any other right enabling the publishing of the videos in Vidaprimo’s YouTube channel.
29. As anticipated, the non-payment of royalties constitutes an infringement of the copyright law pursuant to 17 U.S.C. §115. Thus,
10 Case 3:17-cv-01650-ADC Document 4 Filed 05/25/17 Page 11 of 19
Plaintiffs are entitled to request payment of mechanical royalties, to recover damages, including attorney’s fees, and any gains, profits and advantages obtained by co-defendants through the mechanical reproductions, sales and streams. At present, the amount of such damages, gains, profits and advantages cannot be fully ascertained by
Plaintiffs, but it’s rough estimate is well over $450,000.
30. Co-defendants have also infringed the Plaintiffs’ rights by publishing and streaming the musical compositions and sound recordings without a synchronization license. At present, the amount of such damages, gains, profits and advantages cannot be fully ascertained by Plaintiffs, but it’s rough estimate is well over $300,000.
31. In the same vein, co-defendants have infringed Plaintiffs’ rights by authorizing the sound recording’s reproduction and/or downloads without claimant’s consent. At present, the amount of such damages, gains, profits and advantages cannot be fully ascertained by Plaintiffs, but it’s rough estimate is well over $300,000.
B. BREACH OF CONTRACT
32. Plaintiff realleges each and every allegation set forth in paragraphs one (1) through thirty-one (31), inclusive, and incorporates them herein by this reference.
33. Co-defendants Suárez admissions and his stubborn reluctance to submit a copy of the alleged contract with Anuel clearly points out to the
11 Case 3:17-cv-01650-ADC Document 4 Filed 05/25/17 Page 12 of 19
nonexistence of a valid contract or expiration of the previous contract.
Notwithstanding the foregoing Plaintiffs hereby allege in the alternative that co-defendants have materially breached the alleged sound recording distribution contract. Material breaches by co-defendants Suárez and/or
MML consist of the following: 1) failed to provide appropriate accounting,
2) failed to pay mechanical royalties, 3) failed to account for advances received from third parties, 4) failed to stay within the scope of the sound recording license amounting to a willful copyright infringement, 5) failed to negotiate in good faith the exploitation of the artist’s image and likeness that was not a part of the alleged sound recording distribution contract which did not entertain a merchandising right for the image and likeness of artist 6) failed to account for income derived from the exploitation of the artist’s image and likeness through merchandising, and
7) failed to account for profits derived from the mechanical reproduction and/or sound recording streaming. Even cognizant of these material breaches and willful infringements of copyright co-defendants have continue to stream, reproduce and sell Plaintiff’s sound recordings and image and likeness. Co-defendants have employed insidious machinations and “dolo” to prevent Plaintiffs from asserting their rights and/or to prevent Plaintiffs from reaching contractual agreements with third parties.
This egregious and malicious conduct has been exercised even in areas
12 Case 3:17-cv-01650-ADC Document 4 Filed 05/25/17 Page 13 of 19
were the alleged non-exclusive distribution sound recording distribution contract does not cover.
34. Co-defendants’ non-performance of obligations as above described constitute a material breach of the alleged contract. Consequently,
Plaintiffs are entitled to a rescission and/or resolution, termination, annulment or cancelation of the agreement.
35. At present, Plaintiffs are also entitled to recover damages resulting from the material breaches by co-defendants. The amount of these damages cannot be ascertained at this time but its rough estimate is well over $450,000.
C. MISAPPROPRIATION OF IMAGE AND LIKENESS
36. Plaintiff re-alleges each and every allegation set forth in paragraphs one (1) through thirty-five (35), inclusive, and incorporates them herein by this reference.
37. Plaintiffs registered the name “Anuel AA” and the phrase “Real
Hasta La Muerte” on Puerto Rico’s Department of Sate as a trademark.
38. Co-defendants, without Plaintiff’s consent, have merchandised the image and likeness of Anuel. Among others the co-defendants have manufactured, distributed, sold, or licensed for sale t-shirts, headwear, bottoms, tank-tops, hoodies, and chains that prominently display
Plaintiff’s name and/or motto, image and/or likeness through the internet
13 Case 3:17-cv-01650-ADC Document 4 Filed 05/25/17 Page 14 of 19
and multiple stores in Puerto Rico. Metro Merch is presently manufacturing much of the merchandising.
39. Co-defendants have earned substantial profits from the commercialization of Anuel’s image. The amount of these profits cannot be determined at this time. However a rough estimate provided by outside sources establish over $400,000 in incomes and profits.
40. Co-defendants have damaged and continue to damage Plaintiff’s rights in his identity, image, and/or likeness by permitting them to be appropriated and exploited without permission.
41. Further, co-defendants have injured and continue to injure Plaintiff by commercially exploiting his identity without Plaintiff retaining control thereof or receiving income properly owed to him as the sole owner of his identity rights.
42. Co-defendants are therefore liable for violation of Anuel’s rights to his own image under Puerto Rican law (Ley del Derecho sobre la Propia
Imagen, 2011 L.P.R. 139). Plaintiffs are further entitled to recover statutory damages for the premeditated and willful illegal use of Anuel’s name, image and/or likeness for including attorneys' fees in the amount of $100,000 per infringement. At this time Plaintiffs estimate the amount of these damages in not less than $2,000,000.
14 Case 3:17-cv-01650-ADC Document 4 Filed 05/25/17 Page 15 of 19
V. INJUNCTIVE RELIEF
43. Plaintiff realleges each and every allegation set forth in paragraphs one (1) through forty-two (42), inclusive, and incorporates them herein by this reference.
44. Plaintiffs seek an injunction because the damages caused are irreparable in nature and the damages of artist’s own image are intangible and for that reason extremely difficult to be ascertained.
45. Furthermore the injunction here sought is the only remedy at law available to Plaintiffs that could eviscerate in an expedited manner the damages that are being presently caused by co-defendants.
46. Plaintiffs request that the co-defendants be held to have willfully infringed Plaintiffs’ copyrights in relation to the aforementioned musical works.
47. Plaintiffs request that the co-defendants cease the mechanical reproductions, sales, and distribution of Anuel’s sound recordings.
Likewise, Plaintiffs request that co-defendants cease the use of Anuel’s name, image and/or likeness for their own economic profit.
48. Plaintiffs pray for judgment against the co-defendants and their agents, servants, employees, successors, licensees, officers, partners, assign, parent corporation, attorney and any person acting in concert or in participation with each or any of them, cease from directly or indirectly
15 Case 3:17-cv-01650-ADC Document 4 Filed 05/25/17 Page 16 of 19
continue to violate Plaintiff’s sound recording, merchandising and publishing rights.
VI. DECLARATORY JUDGMENT
49. Plaintiff re-alleges each and every allegation set forth in Paragraphs one (1) through forty-eight (48), inclusive, and incorporates them herein by this reference.
50. The plaintiff authored by himself the songs “Ceniza en Cenicero”,
“Sola (Remix)”, and multiple other songs. Plaintiff Anuel had creative control over the song’s composition and sound recordings. Moreover,
Plaintiffs have never intended to create a co-ownerhsip of the compositions or sound recordings with anyone aside from the authors and co-authors.
51. Notwithstanding the foregoing, co-defendants have taken specific actions as if they were owners of the aforementioned musical compositions and/or sound recordings by licensing, distributing, reproducing and/or uploading Plaintiff’s musical works.
52. Further, co-defendants have willfully exploited artist’s name, image and likeness without having any merchandising rights.
53. This court has the power to declare the authorship and merchandising rights of the parties to this action. A declaratory judgment will terminate the controversy between the parties concerning the
16 Case 3:17-cv-01650-ADC Document 4 Filed 05/25/17 Page 17 of 19
ownership of the musical works and artist’s merchandising rights. Co- defendant is alleging that ownership of these songs was transferred to
MML. Plaintiffs vehemently deny this.
54. Thus, Plaintiff Anuel seeks a declaratory judgment to establish that he is the sole owner of the musical compositions “Ceniza en Cenicero” and “Sola”, its sound recordings and all copyrights related to these musical works.
VII. PRAYER FOR RELIEF
Plaintiffs hereby request that:
55. The Defendants be held to have materially breach the contract agreements respecting royalties for distribution of artist’s musical compositions and sound recordings.
56. The co-defendants are ordered to pay to Plaintiff all damages that
Defendants have caused from the misappropriation of plaintiff’s name, image and/or likeness.
57. The co-defendants be required to account for all gains, profits and advantages derived from their acts of infringement, breach of contract, misappropriation of image and likeness and for its other violations of law.
58. The co-defendants have no ownership rights in the aforementioned songs.
59. The cancellation, rescission or annulment of the alleged recording contract, due to co-defendants non-performance with its covenants.
17 Case 3:17-cv-01650-ADC Document 4 Filed 05/25/17 Page 18 of 19
60. Plaintiff is granted such other and further relief as the equities of the case may require.
61. Plaintiff prays for judgment against the co-defendants for preliminary and permanent injunction ordering that co-defendants and their agents, servants, employees, successors, licensees, officers, partners, assigns, parent corporation, attorneys, and any person acting in concert or in participation with each or any of them, cease form directly or indirectly infringing Plaintiff’s copyright rights.
62. Plaintiffs request that the co-defendants be held to have materially breach the recording distribution contract and infringed Plaintiffs’ copyrights and merchandising rights.
63. Plaintiffs are permitted impoundment and destruction of the infringing works, elimination of the channels that have uploaded Plaintiff’s audiovisuals, and elimination of all merchandise containing Anuel’s name, image and/or likeness
64. Plaintiffs request that co-defendants pay Plaintiffs the costs and disbursements of this action, together with reasonable attorney’s fees.
65. Any other relief this Court may deem proper.
DEMAND FOR JURY TRIAL
Pursuant to Federal Rules of Civil Procedure 38(b), Plaintiff demands a trial by jury of all issues so triable in this action.
18 Case 3:17-cv-01650-ADC Document 4 Filed 05/25/17 Page 19 of 19
RESPECTFULLY SUBMITTED
In San Juan, Puerto Rico, this 25th day of May 2017.
I HEREBY CERTIFY that on this date, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send a notification to all parties in the case.
s/ROBERTO SUEIRO DEL VALLE USDC No. 207801 Tulipán 170 Urb. San Francisco San Juan, PR 00927-6221 Tel. 753-4712 Fax: 274-0191 E-MAIL: [email protected]; [email protected]
19 5/8/2018 CM/ECF LIVE - U.S. District Court for the District of Puerto Rico JUDGE
United States District Court District of Puerto Rico (San Juan) CIVIL DOCKET FOR CASE #: 3:17-cv-01650-ADC
Gazmey-Santiago et al v. Suarez et al Date Filed: 05/16/2017 Assigned to: Chief Judge Aida M. Delgado-Colon Jury Demand: Plaintiff Demand: $3,050,000 Nature of Suit: 820 Copyright Cause: 17:501 Copyright Infringement Jurisdiction: Federal Question Plaintiff Mr. Emmanuel Gazmey-Santiago represented by Roberto Sueiro-Del-Valle also known as Tulipan 170, URB. San Francisco Anuel AA San Juan, PR 00927-6221 doing business as 787-753-4712 Gazmey Music Publishing Fax: 787-274-0191 doing business as Email: [email protected] Real Hasta La Muerte Music ATTORNEY TO BE NOTICED Plaintiff Jose Gazmey represented by Roberto Sueiro-Del-Valle doing business as (See above for address) Gazmey Music Publishing ATTORNEY TO BE NOTICED doing business as Real Hasta La Muerte Music
V.
Defendant Carlos Suarez represented by Carla Garcia-Benitez doing business as O'Neill & Borges Spiff TV American International Plaza 250 Munoz Rivera Ave. Suite 800 San Juan, PR 00918-1813 787-282-5737 Fax: 787-753-8944 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel Perez-Refojos O'Neill & Borges American International Plaza 250 Munoz Rivera Ave. Suite 800 San Juan, PR 00918-1813 787-764-8181 Fax: 787-753-8944 Email: [email protected] https://ecf.prd.uscourts.gov/cgi-bin/DktRpt.pl?411974377951905-L_1_0-1 1/7 5/8/2018 CM/ECF LIVE - U.S. District Court for the District of Puerto Rico LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael F. Sarney Moritt Hock & Hamroff LLP 1407 Broadway 39th Floor New York, NY 10018 212-239-2000 Fax: 787-239-7277 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Brian Bloom Moritt Hock & Hamroff, LLP 1407 Broadway 39th Floor New York, NY 10018 212-239-2000 Fax: 212-239-7277 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Defendant Maybach Music Latino represented by Jorge I. Peirats TERMINATED: 12/14/2017 Pietrantoni Mendez & Alvarez Banco Popular Center 208 Munoz Rivera Ave. Suite 1901 San Juan, PR 00918 787-274-4904 Fax: 787-274-1470 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Maybach Music Group, L.L.C. represented by Jorge I. Peirats TERMINATED: 12/14/2017 (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant William Leonard Roberts II represented by Jorge I. Peirats TERMINATED: 12/14/2017 (See above for address) doing business as LEAD ATTORNEY Rick Ross ATTORNEY TO BE NOTICED TERMINATED: 12/14/2017 Defendant https://ecf.prd.uscourts.gov/cgi-bin/DktRpt.pl?411974377951905-L_1_0-1 2/7 5/8/2018 CM/ECF LIVE - U.S. District Court for the District of Puerto Rico ABC Insurance Co.
Defendant John Doe Defendant Jane Doe
Defendant Company 123
Date Filed # Docket Text 05/16/2017 1 COMPLAINT against All Defendants ( Filing fee $400 receipt number 0104-5441905.), filed by Jose Gazmey, Emmanuel Gazmey-Santiago. Service due by 8/14/2017, (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Category Sheet)(Sueiro-Del-Valle, Roberto) (Entered: 05/16/2017) 05/17/2017 2 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Chief Judge Aida M. Delgado-Colon (arg) (Entered: 05/17/2017) 05/17/2017 3 Summons Issued as to Maybach Music Group, LLC, Maybach Music Latino, William Leonard Roberts II, Carlos Suarez (Attachments: # 1 Summons) (arg) (Entered: 05/17/2017) 05/25/2017 4 AMENDED COMPLAINT against All Defendants, filed by Jose Gazmey, Emmanuel Gazmey-Santiago. (Attachments: # 1 Exhibit, # 2 Exhibit)(Sueiro-Del-Valle, Roberto) (Entered: 05/25/2017) 07/12/2017 5 SUMMONS Returned Executed by All Plaintiffs upon Maybach Music Latino served on 6/29/2017, answer due 7/20/2017. (Sueiro-Del-Valle, Roberto) (Entered: 07/12/2017) 07/12/2017 6 SUMMONS Returned Executed by All Plaintiffs upon Maybach Music Group, L.L.C. served on 6/29/2017, answer due 7/20/2017. (Sueiro-Del-Valle, Roberto) (Entered: 07/12/2017) 07/12/2017 7 Summons Returned Unexecuted by All Plaintiffs as to William Leonard Roberts II. (Sueiro-Del-Valle, Roberto) (Entered: 07/12/2017) 07/12/2017 8 Summons Returned Unexecuted by All Plaintiffs as to Carlos Suarez. (Sueiro-Del-Valle, Roberto) (Entered: 07/12/2017) 07/12/2017 9 Summons Returned Unexecuted by All Plaintiffs as to Carlos Suarez. (Sueiro-Del-Valle, Roberto) (Entered: 07/12/2017) 07/20/2017 10 MOTION for Extension of Time until August 21, 2017 to File Answer or Otherwise Plead filed by Jorge I. Peirats on behalf of Maybach Music Group, L.L.C., Maybach Music Latino Responses due by 8/3/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Peirats, Jorge) (Entered: 07/20/2017) 08/02/2017 11 ORDER granting 10 Motion for Extension of Time to Answer. Answer deadline due by 8/21/2017. Dispositive motions will not be considered in lieu of an answer. Signed by Chief Judge Aida M. Delgado-Colon on 8/2/2017. (wm) (Entered: 08/02/2017) 08/09/2017 12 MOTION for Service by Publication as to Carlos Suarez filed by Roberto Sueiro-Del-Valle on behalf of All Plaintiffs Responses due by 8/23/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 https://ecf.prd.uscourts.gov/cgi-bin/DktRpt.pl?411974377951905-L_1_0-1 3/7 5/8/2018 CM/ECF LIVE - U.S. District Court for the District of Puerto Rico Exhibit, # 2 Exhibit, # 3 Text of Proposed Order, # 4 Summons)(Sueiro-Del-Valle, Roberto) (Entered: 08/09/2017) 08/09/2017 13 MOTION for Service by Publication as to William Leonard Roberts II filed by Roberto Sueiro-Del-Valle on behalf of All Plaintiffs Responses due by 8/23/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order, # 3 Summons)(Sueiro-Del-Valle, Roberto) (Entered: 08/09/2017) 08/21/2017 14 ANSWER to 4 Amended Complaint filed by Jorge I. Peirats on behalf of Defendants Maybach Music Group, L.L.C., Maybach Music Latino, William Leonard Roberts II. (Peirats, Jorge) (Entered: 08/21/2017) 08/21/2017 15 MOTION to dismiss as to All Plaintiffs, MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss/Lack of Jurisdiction as to All Plaintiffs filed by Jorge I. Peirats on behalf of Maybach Music Latino, William Leonard Roberts II, Maybach Music Group, L.L.C. Responses due by 9/5/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Peirats, Jorge) (Entered: 08/21/2017) 08/21/2017 16 Memorandum in Support of Motion To Dismiss filed by Maybach Music Latino, William Leonard Roberts II Re: 4 Amended Complaint filed by Jose Gazmey, Emmanuel Gazmey- Santiago filed by Maybach Music Latino, William Leonard Roberts II. (Attachments: # 1 Exhibit A)(Peirats, Jorge) (Entered: 08/21/2017) 08/21/2017 17 MOTION for Leave to File Excess Pages filed by Jorge I. Peirats on behalf of Maybach Music Group, L.L.C., Maybach Music Latino, William Leonard Roberts II Responses due by 9/5/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Peirats, Jorge) (Entered: 08/21/2017) 08/30/2017 18 ORDER granting 17 Motion for Leave to File Excess Pages. Signed by Chief Judge Aida M. Delgado-Colon on 8/28/2017. (wm) (Entered: 08/30/2017) 08/30/2017 19 ORDER granting 12 Motion for Service by Publication. Signed by Chief Judge Aida M. Delgado-Colon on 8/23/2017. (wm) (Entered: 08/30/2017) 08/30/2017 20 ORDER granting 13 Motion for Service by Publication. Signed by Chief Judge Aida M. Delgado-Colon on 8/23/2017. (wm) (Entered: 08/30/2017) 08/31/2017 21 Summons By Publication Issued as to Carlos Suarez (Attachments: # 1 Summons) (ad) (Entered: 08/31/2017) 08/31/2017 22 Summons By Publication Issued as to William Leonard Roberts II (Attachments: # 1 Summons) (ad) (Entered: 08/31/2017) 09/01/2017 23 MOTION for Extension of Time until September 11, 2017 to File Response/Reply as to 15 MOTION to dismiss as to All Plaintiffs MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss/Lack of Jurisdiction as to All Plaintiffs filed by William Leonard Roberts II, Maybach Music Latino, Maybach Music Group, L.L.C. filed by Roberto Sueiro-Del-Valle on behalf of All Plaintiffs Responses due by 9/15/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 15 ) (Sueiro-Del-Valle, Roberto) (Entered: 09/01/2017) 09/15/2017 24 MOTION to dismiss With Prejudice as to Maybach Music Group, L.L.C., Maybach Music Latino, William Leonard Roberts II filed by Roberto Sueiro-Del-Valle on behalf of All Plaintiffs Responses due by 9/29/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Sueiro-Del-Valle, Roberto) (Entered: 09/15/2017) 12/14/2017 25 ORDER re 24 MOTION to dismiss With Prejudice as to Maybach Music Group, L.L.C., https://ecf.prd.uscourts.gov/cgi-bin/DktRpt.pl?411974377951905-L_1_0-1 4/7 5/8/2018 CM/ECF LIVE - U.S. District Court for the District of Puerto Rico Maybach Music Latino, William Leonard Roberts II filed by Jose Gazmey, Emmanuel Gazmey-Santiago. Granted. The claims against William Leonard Roberts II and Mayback Music Group, L.L.C., are hereby dismissed with prejudice. Furthermore, ECF No. 15 and ECF No. 23 are MOOT. Signed by Chief Judge Aida M. Delgado-Colon on 12/13/2017. (wm) (Entered: 12/14/2017) 12/15/2017 26 MOTION for Default Entry as to Carlos Suarez filed by Roberto Sueiro-Del-Valle on behalf of All Plaintiffs Responses due by 12/29/2017. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Exhibit)(Sueiro-Del-Valle, Roberto) (Entered: 12/15/2017) 12/28/2017 27 MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Default Entry as to Carlos Suarez filed by Jose Gazmey, Emmanuel Gazmey-Santiago filed by Carla Garcia-Benitez on behalf of Carlos Suarez Responses due by 1/11/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) 26 ) (Garcia-Benitez, Carla) (Entered: 12/28/2017) 01/22/2018 28 Motion to allow Brian A. Bloom to appear pro hac vice (Pro Hac fee $300 receipt number 0104-5718226) filed by Daniel Perez-Refojos on behalf of Carlos Suarez Responses due by 2/5/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Perez-Refojos, Daniel) (Entered: 01/22/2018) 01/22/2018 29 Motion to allow Michael F. Sarney to appear pro hac vice (Pro Hac fee $300 receipt number 0104-5718236) filed by Daniel Perez-Refojos on behalf of Carlos Suarez Responses due by 2/5/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Perez-Refojos, Daniel) (Entered: 01/22/2018) 01/26/2018 30 MOTION to dismiss as to All Plaintiffs filed by Daniel Perez-Refojos on behalf of Carlos Suarez Responses due by 2/9/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Exhibit Declaration of Carlos Suarez)(Perez-Refojos, Daniel) (Entered: 01/26/2018) 01/26/2018 31 RESPONSE in Opposition to Motion filed by Carlos Suarez Re: 26 MOTION for Default Entry as to Carlos Suarez filed by Jose Gazmey, Emmanuel Gazmey-Santiago filed by Carlos Suarez. (Perez-Refojos, Daniel) (Entered: 01/26/2018) 01/26/2018 32 ORDER granting [ 27 MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Default Entry as to Carlos Suarez filed by Jose Gazmey, Emmanuel Gazmey- Santiago. Granted as requested. Response due by 1/29/2018. Signed by Chief Judge Aida M. Delgado-Colon on 1/26/2018. (wm) (Entered: 01/26/2018) 02/09/2018 33 Memorandum in Opposition to Motion to Dismiss filed by All Plaintiffs Re: 30 MOTION to dismiss as to All Plaintiffs filed by Carlos Suarez filed by All Plaintiffs. (Attachments: # 1 Exhibit Jose gazmey Sworn Statement, # 2 Exhibit Soundscan songs, # 3 Exhibit Soundscan territories, # 4 Exhibit The Orchard, # 5 Exhibit Merchandizing & Payments, # 6 Exhibit Views, # 7 Exhibit Advertisements, # 8 Exhibit MMM, # 9 Exhibit PR Views, # 10 Exhibit Checks, # 11 Exhibit Copyright Registrations, # 12 Exhibit E-mail, # 13 Exhibit E-mail, # 14 Exhibit Expert Report, # 15 Exhibit Letter, # 16 Exhibit Letter, # 17 Exhibit Spotify, # 18 Exhibit Anuel Statement, # 19 Exhibit RKO Statement, # 20 Exhibit High Society Florida Dpt of State)(Sueiro-Del-Valle, Roberto) (Entered: 02/09/2018) 02/09/2018 34 MOTION for Leave to File Spanish language documents filed by Roberto Sueiro-Del-Valle on behalf of All Plaintiffs Responses due by 2/23/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Sueiro-Del-Valle, Roberto) (Entered: 02/09/2018) 02/09/2018 35 MOTION for Leave to File Excess Pages in Opposition to Motion to Dismiss filed by Roberto Sueiro-Del-Valle on behalf of All Plaintiffs Responses due by 2/23/2018. NOTE: https://ecf.prd.uscourts.gov/cgi-bin/DktRpt.pl?411974377951905-L_1_0-1 5/7 5/8/2018 CM/ECF LIVE - U.S. District Court for the District of Puerto Rico Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Sueiro-Del-Valle, Roberto) (Entered: 02/09/2018) 02/09/2018 36 MOTION for Leave to File Document Jurisdictional Discovery filed by Roberto Sueiro- Del-Valle on behalf of All Plaintiffs Responses due by 2/23/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Sueiro- Del-Valle, Roberto) (Entered: 02/09/2018) 02/16/2018 37 MOTION for Leave to File Document Defendant Carlos Suarez' Motion for Leave to file Reply and for Extension of Time., MOTION for extension of time until February 26, 2018 to file a Reply filed by Daniel Perez-Refojos on behalf of Carlos Suarez Responses due by 3/5/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Perez-Refojos, Daniel) (Entered: 02/16/2018) 02/22/2018 38 ORDER granting 34 Motion for Leave to File Spanish language documents. Signed by Chief Judge Aida M. Delgado-Colon on 2/22/2018. (wm) (Entered: 02/22/2018) 02/22/2018 39 ORDER granting 35 Motion for Leave to File Excess Pages. Signed by Chief Judge Aida M. Delgado-Colon on 2/22/2018. (wm) (Entered: 02/22/2018) 02/22/2018 40 ORDER granting 37 Motion for Leave to File and for extension of time. Reply due by 2/26/2018. Signed by Chief Judge Aida M. Delgado-Colon on 2/22/2018. (wm) (Entered: 02/22/2018) 02/23/2018 41 Memorandum in Opposition to Motion Defendant Carlos Suarez's Opposition to Plaintiffs' Motion Requesting Leave for Jurisdictional Discovery. filed by Carlos Suarez Re: 36 MOTION for Leave to File Document Jurisdictional Discovery filed by Jose Gazmey, Emmanuel Gazmey-Santiago filed by Carlos Suarez. (Perez-Refojos, Daniel) (Entered: 02/23/2018) 02/26/2018 42 ORDER granting 28 Motion to Appear PHV. Signed by Chief Judge Aida M. Delgado- Colon on 2/22/2018. (wm) (Entered: 02/26/2018) 02/26/2018 43 ORDER granting 29 Motion to Appear PHV. Signed by Chief Judge Aida M. Delgado- Colon on 2/22/2018. (wm) (Entered: 02/26/2018) 02/26/2018 44 REPLY to Response to Motion filed by Carlos Suarez Re: 30 MOTION to dismiss as to All Plaintiffs filed by Carlos Suarez filed by Carlos Suarez. (Attachments: # 1 Exhibit Suarez Supp. Decl.)(Garcia-Benitez, Carla) (Entered: 02/26/2018) 03/01/2018 45 MOTION for Leave to File SURREPLY to Reply to Opposition to 30 MOTION to DISMISS filed by All Plaintiffs filed by All Plaintiffs. (Sueiro-Del-Valle, Roberto) Modified on 3/5/2018 to correct event (cm). (Entered: 03/01/2018) 03/02/2018 46 Supplemental Motion to Memorandum in Opposition to Motion to Dismiss re: 33 Memorandum in Opposition to Motion,,, filed by Roberto Sueiro-Del-Valle on behalf of All Plaintiffs Responses due by 3/16/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: # 1 Exhibit Anuel AA Declaration)(Related document(s) 33 ) (Sueiro-Del-Valle, Roberto) (Entered: 03/02/2018) 04/04/2018 47 ORDER granting 45 Motion for Extension of Time to File Response/Reply. Signed by Chief Judge Aida M. Delgado-Colon on 4/4/2018. (wm) (Entered: 04/04/2018) 04/11/2018 48 SURREPLY to Reply to Opposition filed by All Plaintiffs filed by All Plaintiffs. (Attachments: # 1 Exhibit Spiff TV Spotify AA)(Sueiro-Del-Valle, Roberto) (Entered: 04/11/2018)
https://ecf.prd.uscourts.gov/cgi-bin/DktRpt.pl?411974377951905-L_1_0-1 6/7 5/8/2018 CM/ECF LIVE - U.S. District Court for the District of Puerto Rico PACER Service Center Transaction Receipt 05/08/2018 01:38:45 PACER pn0584:3244957:0 Client Code: Login: Search 3:17-cv-01650- Description: Docket Report Criteria: ADC Billable 6 Cost: 0.60 Pages:
https://ecf.prd.uscourts.gov/cgi-bin/DktRpt.pl?411974377951905-L_1_0-1 7/7 Case 3:17-cv-01650-ADC Document 33-19 Filed 02/09/18 Page 1 of 2 Case 3:17-cv-01650-ADC Document 33-19 Filed 02/09/18 Page 2 of 2