INTHEUNITEDSTATESDISTRICTFORTHESOUTHERNDISTRICTOFTEXASHOUSTONDIVISION

GABBANELLI ACCORDIONS & §IMPORTS, L.L.C. §§Plaintiff, § Civil Action No. 4:11-cv-850§vs. §§FOLK MUSIC S.L. § JURY DEMANDED§Defendant. §

COMPLAINT

Gabbanelli Accordions & Imports, L.L.C. (“Gabbanelli” or “Plaintiff”) files thisComplaint against Folk Music S.L. (“Defendant”) and would respectfully show the Court asfollows:

PARTIES

1. Plaintiff Gabbanelli Accordions & Imports, L.L.C. is a Texas limited liabilitycompany with its principal place of business in Houston, Texas.2. On information and belief, Defendant Folk Music S.L., is a Spanish companyorganized under the laws of Spain, having a principal place of business located at FOLK MUSICS.L., Avenida Barañáin, 52 bajo, E-31008 Pamplona, Navarra, Spain. Service may be affectedupon Defendant Folk Music Instruments S.L. through the Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters (the “HagueConvention”). Pursuant to the Hague Convention, service may be affected by delivering a copyof this Complaint and a translation of this Complaint into the Spanish language to the CentralAuthority for Spain: Secretaría General Técnica, Subdirección General de Cooperación JurídicaInternacional, Ministerio de Justicia, c/ San Bernardo N° 62, 28071 MADRID, Spain.

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JURISDICTIONANDVENUE

3. The United States District Court for the Northern District of California hasjurisdiction over this action pursuant to the provisions of 28 U.S.C. §§ 1331, 1338(a) in that thismatter is a civil action arising under the Constitution, laws, or treaties of the United States,namely, under the trademark laws of the United States, 15 U.S.C. § 1051,

et seq

. This actioninvolves federal trademark rights, federal Lanham Act violations, and other federal causes of action.4. This Court also has jurisdiction over this action pursuant to the provisions of 28U.S.C. § 1332 in that this matter is a civil action between citizens of different states wherein theamount in controversy is believed to exceed the sum of $75,000, exclusive of interest and cost.Plaintiff is a Texas limited liability company with its principal place of business in Houston,Texas. Defendant is a resident of the state of California and is doing business in California andelsewhere.

FACTUALBACKGROUND

5. Gabbanelli owns U.S. Trademark Registration No. 1,996,735, issued August 27,1996, for the mark GABBANELLI® for accordions and accordion accessories, namely,accordion carrying cases and accordion shoulder straps. A true and correct copy of U.S.Trademark Registration No. 1,996,735 is attached hereto as Exhibit A and is incorporated hereinin its entirety. U.S. Trademark Registration No. 1,996,735 is valid, subsisting, and in full forceand effect.6. Gabbanelli owns U.S. Trademark Registration No. 2,123,429, issued December23, 1997, for the mark GABBANELLI and Design shown in U.S. Trademark Registration No.2,123,429 for accordions. A true and correct copy of U.S. Trademark Registration No.

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32,123,429 is attached hereto as Exhibit B and is incorporated herein in its entirety. U.S.Trademark Registration No. 2,123,429 is valid, subsisting, and in full force and effect.7. Gabbanelli owns U.S. Trademark Registration No. 3,017,772, issued November22, 2005, for the Design mark shown in U.S. Trademark Registration No. 3,017,772 for musicalinstruments, namely, accordions. A true and correct copy of U.S. Trademark Registration No.3,017,772 is attached hereto as Exhibit C and is incorporated herein in its entirety. U.S.Trademark Registration No. 3,017,772 is valid, subsisting, and in full force and effect.8. Gabbanelli owns U.S. Trademark Registration No. 3,017,773, issued November22, 2005, for the Design mark shown in U.S. Trademark Registration No. 3,017,773 for musicalinstruments, namely, accordions. A true and correct copy of U.S. Trademark Registration No.3,017,773 is attached hereto as Exhibit D and is incorporated herein in its entirety. U.S.Trademark Registration No. 3,017,773 is valid, subsisting, and in full force and effect.9. Gabbanelli owns U.S. Trademark Registration No. 3,037,818, issued January 3,2006, for the Design mark shown in U.S. Trademark Registration No. 3,037,818 for musicalinstruments, namely, accordions. A true and correct copy of U.S. Trademark Registration No.3,037,818 is attached hereto as Exhibit E and is incorporated herein in its entirety. U.S.Trademark Registration No. 3,037,818 is valid, subsisting, and in full force and effect.10. Gabbanelli owns U.S. Trademark Registration No. 3,239,865, issued August 27,1996, for the mark GABBANELLI and Design mark shown in U.S. Trademark Registration No.3,239,865 for accordions. A true and correct copy of U.S. Trademark Registration No.3,239,865 is attached hereto as Exhibit F and is incorporated herein in its entirety. U.S.Trademark Registration No. 3,239,865 is valid, subsisting, and in full force and effect.