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Randall May International v. Pearl et. al.

Randall May International v. Pearl et. al.

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Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 8:13-cv-00016-JVS-RNB: Randall May International, Inc. v. Pearl Corporation et. al. Filed in U.S. District Court for the Central District of California, the Hon. James V. Selna presiding. See http://news.priorsmart.com/-l7qt for more info.
Official Complaint for Patent Infringement in Civil Action No. 8:13-cv-00016-JVS-RNB: Randall May International, Inc. v. Pearl Corporation et. al. Filed in U.S. District Court for the Central District of California, the Hon. James V. Selna presiding. See http://news.priorsmart.com/-l7qt for more info.

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Published by: PriorSmart on Jan 09, 2013
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09/26/2013

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Case 8:13-cv-00016-JVS-RNB Document 1 Filed 01/04/13 Page 1 of 90 Page ID #:3
 
 2
COMPLAINT
12345678910111213141516171819202122232425262728For its Complaint against Pearl Corporation and Pearl Musical Instrument Company
(collectively “Pearl”), Plaintiff Randall May International, Inc. (“RMI”) alleges as follows:
 
THE PARTIES
1.
 
RMI is a corporation incorporated and existing under the laws of California,with a principal place of business located at 1402 McGaw Avenue, Irvine, CA 92614, inthe County of Orange.2.
 
RMI was founde
d by Randall May (“May”) in 1981
and he continues to bethe CEO/President of the company. May was an accomplished professional musicianand, after starting RMI, devoted himself to improving the equipment used bypercussionists. The United States Patent & Trademark Office has recognized the merits of his innovations, awarding him dozens of patents.3.
 
May assigned his patents to RMI, which manufactures and sells productscovered by those patents. The patented RMI products include shoulder supported carrierassemblies and related hardware for percussion instruments, particularly drums of all kinds,and these products are widely-used by marching bands and drum corps.4.
 
RMI’s carrier assemblies
and hardware are the most advanced and well-designed of such products available. Musicians in college, high school, junior high, cluband other marching bands and/or drum corps, in California, the United States and abroad,
use RMI’s patented products that enhance ergonomics and comfort. RMI’s patented carrier 
assemblies and hardware are even used at the highest levels of professional performance.For example, on stage marching band members of international pop star
Madonna’s half 
-time performance at in Super Bowl XLVI
used RMI’s patented products
and a drum lineshown using RMI products was
featured in an ESPN “Bowl Pride Week” commercial
alongside Grammy Award winner Nelly.5.
 
RMI sells its carrier assembly products to leading drum manufacturers, whoresell them to distributors, dealers, marching bands and drum corps in combination withdrums.
RMI’s patented carrier assemblies and hardware, and the percussion instrumentsmade by RMI’s customers are closely associated with each other by both RMI’s customers
Case 8:13-cv-00016-JVS-RNB Document 1 Filed 01/04/13 Page 2 of 90 Page ID #:4
 
 3
COMPLAINT
12345678910111213141516171819202122232425262728
and the end user musicians and marching bands. RMI’s customers typically sell their 
percussion instruments together with RMI patented carrier assemblies and hardware. Theavailability of such package deals influences sales considerably.6.
 
On information and belief, Pearl Corporation is incorporated and existingunder the laws of Tennessee, with a principal place of business located at 549 MetroplexDrive, Nashville, TN 37211.7.
 
On information and belief, Pearl Musical Instrument Company is amultinational corporation, with a principal place of business located at Yachiyo City,Chiba, Japan. Pearl Corporation is a wholly owned subsidiary of Pearl Musical InstrumentCompany.8.
 
Pearl is a leading manufacturer and worldwide distributor of percussioninstruments and accessories. On information and belief, Pearl maintains authorized dealersand/or distributors within California in furtherance of the sale and distribution of percussion instruments and accessories.9.
 
O
n information and belief, Pearl’s
percussion instruments and accessorieshave been and/or are sold and/or given to marching bands and drum corps throughoutCalifornia, including the internationally competitive Blue Devil Drum Corps based inConcord, CA; the Riverside Community College Marching Tigers; the Phantom Regimentbased out of Rockford, IL; and the Santa Clara Vanguard Drum Corps.10.
 
On information and belief, Pearl has and does exhibit percussion instrumentsand accessories throughout California, including at the annual National Association of Music Merchants (NAMM) convention in Anaheim, CA.11.
 
On information and belief, Pearl operates a website at www.pearldrum.comthrough which percussion instruments and accessories are advertised to consumers inCalifornia.
Case 8:13-cv-00016-JVS-RNB Document 1 Filed 01/04/13 Page 3 of 90 Page ID #:5

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