Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA486897 Filing date: 08/02/2012 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 92055660 Party Defendant Francesca Records, LLC Correspondence Address FRANCESCA RECORDS LLC 92 GREENWOOD LANE WALTHAM, MA 02451 UNITED STATES [email protected], [email protected] Submission Other Motions/Papers Filer's Name Michael R. Patrick Filer's e-mail [email protected], [email protected] Signature /s/ Michael R Patrick Date 08/02/2012 Attachments Motion to Suspend.pdf ( 3 pages )(288398 bytes ) Complaint (Doc1).pdf ( 44 pages )(462982 bytes ) Exhibits A to H.pdf ( 65 pages )(5745659 bytes ) Exhibits I to O.pdf ( 60 pages )(5406508 bytes ) Exhibits P to End.pdf ( 38 pages )(3306907 bytes ) Case 1:12-cv-11419 Document 1 Filed 08/01/12 Page 1 of 44 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ------------------------------------------------------------------X FRANCESCA RECORDS and : Civ. Action No: 12-cv-11419 JOHN W. GEILS, JR., : : Plaintiffs, : COMPLAINT : v. : : GEILS UNLIMITED, LLC, : T AND A RESEARCH AND DEVELOPMENT : JURY TRIAL DEMANDED CORP., GEILS REUNION, : NICK BEN-MEIR, SETH JUSTMAN, : DANIEL KLEIN, RICHARD SALWITZ and : PETER BLANKFIELD aka PETER WOLF. : : Defendants. : ------------------------------------------------------------------X Plaintiffs Francesca Records ("Francesca Records") and John W. Geils, Jr. ("J. Geils"), individually, (collectively, "Plaintiffs") by and through their undersigned attorneys, for their complaint against Defendants Geils Unlimited, LLC ("Geils Unlimited"), T And A Research And Development Corp. ("T&A"), Geils Reunion, Nick Ben-Meir, Seth Justman, Daniel Klein, Richard Salwitz and Peter Blankfield aka Peter Wolf (collectively, "Defendants"), respectfully allege as follows: NATURE OF ACTION AND RELIEF SOUGHT 1. This is an action seeking declaratory judgments and for trademark infringement, unfair and deceptive business practices, tortious interference, accounting and breach of fiduciary duty arising from Defendants' deliberate and unlawful conduct, namely: (i) seeking to misappropriate and steal from Plaintiffs the names and trademarks Geils, J. Geils, Jay Geils and J. GEILS BAND; (ii) interfering with Plaintiffs' business activities; (iii) engaging in improper or Case 1:12-cv-11419 Document 1 Filed 08/01/12 Page 2 of 44 inadequate corporate and accounting practices; and (iv) violating fiduciary duties owed to Plaintiff J. Geils. PARTIES 2. Francesca Records is a partnership between Gerard Beaudoin, Jr. ("Gerry"), Jacqueline Beaudoin ("Jackie") and JKG Engineering, Inc., with a principal place of business in Waltham, MA. Francesca Records owns all rights, title and interest in and to the J. GEILS BAND trademark and to the federal registration for such trademark, Reg. No. 3720699 (the "'699 Registration") (collectively, the "J. GEILS BAND trademark"). 3. J. Geils is an individual residing in Massachusetts. J. Geils is President of JKG Engineering, Inc., a corporation organized in the State of Massachusetts. 4. Upon information and belief, Defendant Geils Unlimited is a Massachusetts limited liability company with its principal place of business at 652 N. Doheney Drive, Los Angeles, California 90069. Upon information and belief, Geils Unlimited is comprised of the following members: Nick Ben-Meir, Seth Justman, Daniel Klein (popularly known as "Danny Klein"), Richard Salwitz (popularly known as "Magic Dick") and Peter Wolf. Upon information and belief, Peter Wolf's legal name is Peter Blankfield. 5. Upon information and belief, Defendant T&A is a Delaware corporation with its principal place of business at 652 N. Doheny Drive, Los Angeles, California 90069. Upon information and belief, the current shareholders of T&A consist of the following: Stephen Bladd, J. Geils, Seth Justman, Danny Klein and Richard Salwitz. 6. Upon information and belief, Geils Reunion is a partnership between Seth Justman, Danny Klein, Richard Salwitz, Peter Wolf and J. Geils, with a principal place of business at 652 N. Doheney Drive, Los Angeles, California 90069. 2 4019640-1 Case 1:12-cv-11419 Document 1 Filed 08/01/12 Page 3 of 44 7. Upon information and belief, Nick Ben-Meir is an individual residing in the State of California and who maintains a business address at 652 N. Doheny Drive, Los Angeles, California 90069. Upon information and belief, Nick Ben-Meir is an officer, director and/or employee of T&A and an officer, director, employee and/or member of Geils Unlimited. 8. Upon information and belief, Seth Justman is an individual residing in the State of Massachusetts. Upon information and belief, Seth Justman is President of T&A and an officer, director and/or member of Geils Unlimited and a partner in Geils Reunion. 9. Upon information and belief, Danny Klein is an individual residing in the State of Massachusetts. Upon information and belief, Danny Klein is a shareholder of T&A, a member of Geils Unlimited and/or a partner in Geils Reunion. 10. Upon information and belief, Richard Salwitz is an individual residing in the State of Massachusetts. Upon information and belief, Richard Salwitz is a shareholder of T&A, a member of Geils Unlimited and/or a partner in Geils Reunion. 11. Upon information and belief, Peter Wolf is an individual residing in the State of Massachusetts. Upon information and belief, Peter Wolf is a former president and former shareholder of T&A, a member of Geils Unlimited and/or a partner in Geils Reunion. Upon information and belief, Peter Wolf is also known as Peter Wolf d/b/a Pal Park Productions. JURISDICTION AND VENUE 12. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §§ 2201, et seq. (declaratory judgment act), § 1331 (federal question), § 1338(a) (acts of Congress relating to trademarks) and 28 U.S.C. § 1367 (supplemental jurisdiction over state claims). 3 4019640-1 Case 1:12-cv-11419 Document 1 Filed 08/01/12 Page 4 of 44 13. This Court has jurisdiction over Defendants by virtue of the fact that, upon information and belief, they have transacted business within the State of Massachusetts on a regular and consistent basis and this is a judicial district in which a substantial part of the events or omissions giving rise to the complaint have occurred. Upon information and belief, Geils Unlimited is a Massachusetts domestic corporation and, upon information and belief, all or substantially all of its members reside in Massachusetts. Upon information and belief, T&A regularly distributes proceeds to, and transacts business with, its shareholders, all of whom reside in Massachusetts. Upon information and belief, Geils Reunion is comprised of partners all of whom reside in Massachusetts. 14. Venue is proper in this District pursuant to 28 U.S.C. § 1391. FACTUAL ALLEGATIONS 15. This case involves the storied history of one of America's most revered musicians and guitar legends, J. Geils, and the celebrated music band he founded in 1967. 16. Defendants falsely and illegally claim they own, or have some purported rights, title or interest in or to, the names or trademarks Geils, J. Geils, Jay Geils and J. GEILS BAND. 17. J. Geils was born John Warren Geils, Jr. in 1946 in New York, New York. From birth, J. Geils was almost never referred to by his given name, "John Geils". Rather, he has always been known as either "Jay Geils" or, for the entirety of his professional music career, namely, from 1967 to the present, simply, "J. Geils." 18. In or about the fall of 1964, J. Geils enrolled at Northeastern University. At the time, Boston was teeming with talented, up-and-coming musicians pushing music to new edges. Boston was a cross-roads and a melting pot for folk music, blues and jazz. J. Geils soaked in as 4 4019640-1 Case 1:12-cv-11419 Document 1 Filed 08/01/12 Page 5 of 44 much of the Boston music scene as he could. Throughout his career, J. Geils' rhythm, style and sound was infused with the folk music, blues and jazz he witnessed in the 1960's in Boston. 19. In or about 1966, J. Geils left Northeastern University and transferred to Worcester Polytechnic Institute ("WPI"). At WPI, J. Geils met Richard Salwitz, then a young harp and harmonica player and other musicians. 20. J. Geils and Richard Salwitz began to perform locally, in and around Worcester, Massachusetts, featuring J. Geils on acoustic guitar and Richard Salwitz on harmonica. 21. Not long after J. Geils and Richard Salwitz started performing together in or about 1966, they were joined regularly by Danny Klein on washtub bass. Upon information and belief, other musicians continued to perform from time to time with the group -- which, by 1966, had become known as "Snoopy and the Sopwith Camels". A true and correct copy of an interview with Danny Klein is attached hereto as Exhibit A and incorporated herein by reference. Commercially, while the group was known as Snoopy and the Sopwith Camels, J. Geils was cultivating business under his name as well. 22. J. Geils led Snoopy and the Sopwith Camels artistically as well as administratively. J. Geils managed every aspect of the group, including, but not limited, to management, bookings, payments, marketing, advertising and promotion. 23. J. Geils dropped out of WPI to pursue his music career full-time. Later, Danny Klein and Richard Salwitz followed suit. 24. Like so many music groups in the 1960's, although amassing an expanding fan base with every performance booked by J. Geils, Snoopy and the Sopwith Camels was held together on a shoe-string budget and propelled forward by the persistence and tenacity of its leader and manager J. Geils. The fact that J. Geils was the leader of the group was starkly evident 5 4019640-1 Case 1:12-cv-11419 Document 1 Filed 08/01/12 Page 6 of 44 in an interview given by Danny Klein:, "Jay [Geils] started getting more into electric blues, and I wondered whether I should play bass or drums….Jay said to play bass because it's easier.