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Case 3:09-cv-00197-LRH-VPC Document 1 Filed 04/15/2009 Page 1 of 15

1 Michael D. Rounds, Esq.
State Bar No. 4734
2 Matthew D. Francis, Esq.
State Bar No. 6978
3 WATSON ROUNDS
5371 Kietzke Lane
4 Reno, Nevada 89511
(775) 324-4100
5
6 Of Counsel:
Daniel M. Cislo, Esq.
7 California State Bar No. 125,378
Kelly W. Cunningham, Esq.
8 California State Bar No. 186,229
CISLO & THOMAS LLP
9 1333 2nd Street, Suite 500
Santa Monica, California 90401
10 (310) 451-0647
Pro Hac Vice Pending
11 Attorneys for Plaintiff
12 SAMICK MUSIC CORPORATION

13
14 UNITED STATES DISTRICT COURT
15 DISTRICT OF NEVADA
16
17 SAMICK MUSIC CORPORATION, a ) Case No.
18 California corporation, )
) VERIFIED COMPLAINT FOR:
19 Plaintiff, )
) (1) FEDERAL TRADEMARK
20 v. ) INFRINGEMENT;
) (2) COMMON LAW TRADEMARK
21 PERSIS INTERNATIONAL, INC., a Nevada) INFRINGEMENT;
corporation, ) (3) FEDERAL TRADEMARK DILUTION;
22 ) (4) FEDERAL UNFAIR COMPETITION;
Defendant. ) (5) STATE AND COMMON LAW UNFAIR
23 ) COMPETITION
)
24 )
) JURY DEMAND
25 )
)
26 )
)
27 For its Complaint, Plaintiff SAMICK MUSIC CORPORATION (“Samick”) hereby
28 alleges and asserts as follows:
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1 1. This is an action for federal trademark infringement, federal unfair competition,
2 and federal trademark dilution in violation of the Federal Lanham Act, 15 U.S.C. § 1051, et seq.;
3 common law trademark infringement; and state unfair competition in violation of Cal. Bus. &
4 Prof. Code § 17200, et seq., against Defendant PERSIS INTERNATIONAL, INC. (“Defendant”),
5 for its commercial use and exploitation of Samick’s SOHMER trademarks on or in connection
6 with the sale of pianos. Samick hereby seeks (1) injunctive relief against Defendant’s continued
7 unauthorized and improper commercial use and exploitation of any trademark confusingly similar
8 to Samick’s SOHMER trademarks on or in connection with the sale of any musical instruments,
9 including pianos, or their components or accessories; and (2) all damages arising from
Facsimile: (310) 394-4477

10 Defendant’s past and present infringement and reimbursement of Samick’s attorneys’ fees and
SANTA MONICA, CALIFORNIA 90401-4110

11 costs for having to bring this suit to enforce its trademark rights.
CISLO & THOMAS LLP

12 I. THE PARTIES
∃ΩΩΡΥΘΗ∴ς ∆Ω /∆Ζ
1333 2nd Street
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13 2. Samick is a California corporation with its principal place of business in Gallatin,
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14 Tennessee.
15 3. Samick is informed and based thereon believes that Defendant is a Nevada
Telephone: (310) 451-0647

16 corporation with an office in Chicago, Illinois.
17 II. JURISDICTION AND VENUE
18 4. This Court has jurisdiction pursuant to 15 U.S.C. § 1121, and 28 U.S.C. §§ 1331
19 and 1338(a) over the federal trademark infringement and dilution claims, which arise under the
20 Federal Lanham Act, 15 U.S.C. §§ 1051, et seq; and has jurisdiction pursuant to 28 U.S.C. §§
21 1338(b) and 1367 over the state unfair competition and common law trademark infringement
22 claims.
23 5. Upon information and belief, this Court has personal jurisdiction over Defendant
24 since Defendant was incorporated under the laws of Nevada and thereby resides in this State.
25 Upon information and belief, venue is proper in the Reno Division of the District of Nevada as to
26 Defendant pursuant to 28 U.S.C. §§ 1391(b) and (c) Defendant was incorporated under the laws
27 of Nevada and is thereby resides in this State and has transacted business in this District during
28 times relevant to this action, including a substantial part of the events giving rise to the claims

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1 Samick alleges and asserts herein.
2 III. BACKGROUND FACTS
3 A. Samick’s SOHMER Trademarks and Pending Trademark Applications
4 6. Samick has been using the SOHMER™ trademark continuously since at least
5 2003 in connection with one of the highest quality lines of pianos in the world and, upon
6 information. Samick is informed and based thereon believes that its predecessors-in-interest have
7 likewise been using the SOHMER™ trademark continuously before that time since at least as
8 early as 1872 in connection with one of the highest quality lines of pianos in the world.
9 7. Samick is informed and based thereon believes that in or about 1872, Hugo
Facsimile: (310) 394-4477

10 Sohmer, a German immigrant in New York founded the Sohmer & Co., Inc. and adopted and
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11 began using the SOHMER trademark on his pianos made with the highest craftsmanship. Sohmer
CISLO & THOMAS LLP

12 & Co., Inc. changed its name to Sohmer Corporation in 1989, merged with Mason & Hamlin Co.
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13 in 1994, and was purchased by Burgett, Inc. in 1996.
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14 8. Samick is informed and based thereon believes that Burgett has been using the
15 SOHMER trademark on its pianos and related products and components therefor since at least as
Telephone: (310) 451-0647

16 early as 1996, when it acquired the SOHMER trademark, along with all of the assets of Mason &
17 Hamlin Co., including its original piano rim presses, the long-standing factory in Haverhill,
18 Massachusetts’ historic district, and a completely documented computer-based archive of the
19 authentic piano designs.
20 9. On or about 2002, Samick acquired the exclusive license to sell musical
21 instruments, namely pianos, using the SOHMER trademark. On March 11, 2009, Samick
22 acquired by assignment from Burgett, Inc. all rights, title, and interest in and to all of Burgett,
23 Inc.’s rights in the SOHMER trademarks and the business pertaining thereto. Accordingly, at all
24 times relevant to this action up until it acquired outright the foregoing SOHMER trademarks and
25 trademark applications, Samick was the exclusive licensee of the SOHMER trademarks.
26 10. Consequently and by written assignment, Samick is the current owner (by
27 assignment) of the following trademarks:
28 a. SOHMER (in stylized lettering);

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1 b. SOHMER (separate and apart from any particular lettering);
2 c. SOHMER and Shield Design with White Piano; and
3 d. SOHMER & CO.
4 These trademarks were previously registered as U.S. Trademark Registration Nos. 85,691;
5 119,130; 137,464; 1,786,687; but each of these registrations was subsequently deemed canceled
6 by United States Patent and Trademark Office due to the failure of a predecessor-in-interest to
7 timely file with the United States Patent and Trademark Office the necessary trademark
8 registration renewal papers; and
9 e. SOHMER and Shield Design with Black Piano;
Facsimile: (310) 394-4477

10 This trademark was previously the subject of U.S. Trademark Application Serial No.
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11 76/535,595; but this application was subsequently deemed abandoned by United States Patent and
CISLO & THOMAS LLP

12 Trademark Office due to the failure of a predecessor-in-interest to timely file with the United
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1333 2nd Street
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13 States Patent and Trademark Office a response to a non-final office action.
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14 The foregoing five (5) trademarks referenced in this paragraph are hereinafter collectively
15 referred to as the “SOHMER trademarks.” Attached hereto as Exhibits 1 through 5 are true and
Telephone: (310) 451-0647

16 correct copies of the Trademark Office records pertaining to these five previously registered
17 trademarks.
18 By written assignment, Samick is also the current owner and applicant of the following
19 federal trademark applications:
20 a. U.S. Trademark Application Serial No. 76/214,968 for SOHMER; and
21 b. U.S. Trademark Application Serial No. 76/546,304 for SOHMER &
22 CO.
23 On or about October 25, 2002, the United States Patent and Trademark Office erroneously
24 converted SOHMER Trademark Application Serial No. 76/214,968 to the Supplemental Register.
25 The United States Patent and Trademark Office ultimately reversed this error, found this
26 application allowable, the published it for opposition.
27 Samick’s two (2) pending trademark applications, Serial Nos. 76/214,968 and 76/546,304,
28 are hereinafter collectively referred to as the “SOHMER trademark applications.” Attached

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1 hereto as Exhibits 6 and 7 are true and correct copies of the Trademark Office records pertaining
2 to these two trademark applications.
3 11. Samick manufactures and sells musical instruments, namely high-end pianos, and
4 related products and components therefor under the SOHMER trademark. Samick has at all times
5 relevant to this action appropriately accompanied the SOHMER trademarks with the proper
6 trademark notice on all such pianos and on their labels, tags, and packaging. Samick is informed
7 and based thereon believes that Samick’s predecessors-in-interest also always appropriately
8 accompanied the SOHMER trademarks with the proper trademark notice on all such pianos and
9 on their labels, tags, and packaging.
Facsimile: (310) 394-4477

10 12. Although the trademark registrations have expired, they constitute further
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11 evidence, along with the chain of title for each as recorded with the United States Patent and
CISLO & THOMAS LLP

12 Trademark Office, that Samick’s current commercial use of the SOHMER trademark justifiably
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13 relates back to 1872. In the more than 135 years since the humble beginning by Hugo Sohmer,
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14 Samick and its predecessors-in-interest developed SOHMER into one of the most revered
15 trademarks in the piano market.
Telephone: (310) 451-0647

16 13. Samick currently maintains its website, www.smcmusic.com, wherein it advertises
17 the current well-known lines of SOHMER grand pianos. Attached hereto as Exhibit 8 are true and
18 correct copies of web pages from Samick’s www.smcmusic.com website showing the SOHMER
19 brand pianos and mark.
20 B. Defendant’s Infringing Use and Interference
21 14. Samick is informed and based thereon believes that Defendant has been and is
22 currently using the SOHMER mark on or in connection with the sale of pianos without any
23 authorization from Samick or any of Samick’s predecessors-in-interest.
24 15. Samick is informed and based thereon believes that Defendant has offered for sale
25 and has made sales of pianos using the SOHMER trademark to consumers in this judicial district.
26 16. Samick is informed and based thereon believes that Defendant used the SOHMER
27 trademark in connection with pianos with full knowledge of Samick’s and Samick’s
28 predecessors’-in-interest ownership of and senior rights in and to the SOHMER trademark.

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1 17. On or about January 15, 2003, Defendant offered for sale pianos under the
2 SOHMER trademark at the 2003 National Association of Music Merchants (“NAMM”) trade
3 show in Anaheim, California, January 15-18, 2003.
4 18. At the NAMM trade shows, Defendant displayed to the public pianos with the
5 SOHMER trademark on the surface and under a large banner that included the SOHMER
6 trademark in prominent letters.
7 19. According to the trade show directory, Defendant was advertising “Sohmer & Co.
8 Pianos,” “Sohmer Pianos,” and “Sohmer & Son Pianos,” showing the same mailing address as
9 Defendant’s pending trademark application.
Facsimile: (310) 394-4477

10 20. Samick is informed and based thereon believes that, on February 15, 2001, Edward
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11 F. Richards filed a federal intent-to-use trademark application for SOHMER for pianos, which
CISLO & THOMAS LLP

12 was given U.S. Trademark Application Serial No. 76/210,248. Mr. Richards subsequently
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1333 2nd Street
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13 testified in writing and under oath to the United States Patent and Trademark Office that he first
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14 used SOHMER in commerce in connection with pianos on June 26, 2001. On or about October
15 8, 2002, Mr. Richards assigned his rights in the application to his company, the Defendant. On
Telephone: (310) 451-0647

16 September 26, 2002, the United States Patent and Trademark Office entered a notice of
17 suspension in Trademark Application Serial No. 76/210,248 pending the disposition of the above-
18 mentioned SOHMER Trademark Application Serial No. 76/214,968 owned by Samick. Attached
19 hereto as Exhibit 9 is a true and correct copy of the notice of suspension entered in this trademark
20 application.
21 21. On October 29, 2002, Samick sent a cease and desist letter to Defendant
22 demanding that they cease and desist from all further use of the SOHMER trademarks, and it
23 withdraw the improper trademark application before the United States Patent and Trademark
24 Office.
25 22. On October 19, 2004, Defendant filed a notice of opposition against Samick’s U.S.
26 Trademark Application Serial No. 76/214,968, which initiated Opposition Proceeding No.
27 91162715 before the Trademark Trial and Appeal Board. This opposition proceeding is still
28 pending, and consequently is preventing the federal re-registration of Samick’s U.S. Trademark

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1 Application Serial No. 76/214,968. The remainder of Defendant’s testimony period is scheduled
2 to re-open from May 5, 2009 to May 8, 2009, and Samick’s testimony period is scheduled to open
3 on June 7, 2009.
4 23. The United States Patent and Trademark Office has suspended examination of
5 U.S. Trademark Application Serial No. 76/546,304 pending the outcome of Defendant’s U.S.
6 Trademark Application Serial No. 76/210,248, which in turn is suspended pending the outcome
7 of Samick’s U.S. Trademark Application No. 76/214,968, the subject of Trademark Opposition
8 No. 91162715 initiated by Defendant before the Trademark Trial and Appeal Board. Since this
9 opposition proceeding is still pending, Defendant is preventing the federal re-registration of
Facsimile: (310) 394-4477

10 Samick’s U.S. Trademark Application Serial No. 76/546,304 as well.
SANTA MONICA, CALIFORNIA 90401-4110

11 FIRST CAUSE OF ACTION
CISLO & THOMAS LLP

12 FEDERAL TRADEMARK INFRINGEMENT
∃ΩΩΡΥΘΗ∴ς ∆Ω /∆Ζ
1333 2nd Street
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13 24. Samick repeats and alleges each and every allegation contained in paragraphs 1
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14 through 23 of this Complaint, and incorporates them herein as though set forth in full.
15 25. This claim is against Defendant for trademark infringement in violation of Section
Telephone: (310) 451-0647

16 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
17 26. Samick is informed and based thereon alleges that Defendant has used, is using,
18 and intends to continue using now and in the future in commerce the term SOHMER as a
19 trademark for sales of pianos in such as way as will likely cause confusion or mistake, or will
20 likely deceive the public in relation to their products being associated or identified or being the
21 same as those of Samick.
22 27. Samick never consented to or authorized Defendant’s adoption or commercial use
23 of the SOHMER trademarks for sales of the aforementioned products. Defendant therefore has
24 infringed and is infringing the SOHMER trademarks in violation of Section 43(a) of the Lanham
25 Act, 15 U.S.C. § 1125(a).
26 28. The Ninth Circuit considers the following non-exclusive factors to determine
27 whether there is a likelihood of confusion: similarity of the marks; similarity of the products or
28 services; similarity of the marketing channels used; and likelihood of expansion in product lines;

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1 strength of plaintiff’s mark; defendant's intent in selecting its mark; likely degree of care of
2 purchasers; and evidence of actual confusion.
3 29. The SOHMER trademarks are very strong after years of successful marketing,
4 significant sales volume, critical acclaim, and widespread public recognition. Defendant likewise
5 sells pianos under the SOHMER trademarks and shares such similar marketing channels as to
6 cause a likelihood of confusion. These factors indicate that Defendant adopted the SOHMER
7 trademark intending to ride on the goodwill and reputation of Samick and its predecessors-in-
8 interest.
9 30. Samick is informed and based thereon alleges that, at all times relevant to this
Facsimile: (310) 394-4477

10 action, including when Defendant first adopted the SOHMER trademarks and commenced their
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11 commercial use of the mark on pianos, Defendant knew of the prior adoption and widespread
CISLO & THOMAS LLP

12 commercial use of the SOHMER trademarks on pianos that Samick presently owns and knew of
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13 the valuable goodwill and reputation acquired by Samick in connection with the SOHMER
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14 trademarks and products. Defendant’s infringement of the SOHMER trademarks is therefore
15 willful and deliberate.
Telephone: (310) 451-0647

16 31. Samick has no control over the composition and quality of the infringing pianos
17 sold by Defendant. Samick is informed and believes and on that basis alleges that Defendant’s
18 use of the SOHMER trademarks has caused confusion and mistake and the deception of
19 purchasers as to the source of origin of Defendant’s infringing products. Because of the
20 confusion as to the source engendered by Defendant’s unauthorized use of the SOHMER
21 trademarks, Samick’s valuable goodwill developed at great expense and effort by Samick is being
22 harmed and at risk of further damage.
23 32. The goodwill of Samick’s business under the SOHMER trademarks is of
24 enormous value, and Samick will suffer irreparable harm should Defendant’s infringement be
25 allowed to continue to the great detriment of its reputation and goodwill. Defendant’s
26 infringement will continue unless enjoined.
27 ///
28 ///

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1 SECOND CAUSE OF ACTION
2 COMMON LAW TRADEMARK INFRINGEMENT
3 33. Samick repeats and alleges each and every allegation contained in paragraphs 1
4 through 32 of this Complaint, and incorporates them herein as though set forth in full.
5 34. This claim is against Defendant for common law trademark infringement.
6 35. In addition to the federal registrations owned by Samick as set forth above, Samick
7 owns and uses the SOHMER trademarks and enjoys common law rights in California and
8 throughout the United States in and to the SOHMER trademarks on the goods set forth above, and
9 thus these rights are senior and superior to any rights which Defendant may claim in and to its
Facsimile: (310) 394-4477

10 infringing products.
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11 36. Defendant’s use of its SOHMER trademark is intentionally designed to mimic
CISLO & THOMAS LLP

12 Samick’s products so as to likely cause and has caused confusion regarding the source of
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13 Defendant’s products, in that purchasers thereof will be likely to associate or have associated such
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14 products with, as originating with, or as approved by Samick, all to the detriment of Samick.
15 37. Defendant’s infringement will continue unless enjoined.
Telephone: (310) 451-0647

16 THIRD CAUSE OF ACTION
17 FEDERAL TRADEMARK DILUTION
18 38. Samick repeats and alleges each and every allegation contained in paragraphs 1
19 through 37 of this Complaint, and incorporates them herein as though set forth in full.
20 39. As a result of the duration and extent of use of the SOHMER trademarks, the
21 duration and extent of the advertising and publicity of the SOHMER trademarks, the geographical
22 extent of the distribution of the same, the superior quality of Samick’s products and services, and
23 the degree of recognition of the SOHMER trademarks, the SOHMER mark has achieved an
24 extensive degree of distinctiveness and is a famous trademark.
25 40. As a result of Defendant’s use and registration of the SOHMER mark, Defendant
26 is diluting the distinctive quality of SOHMER trademarks.
27 41. Samick will suffer irreparable harm should Defendant’s illegal acts be allowed to
28 continue to the great detriment of its reputation and goodwill. Defendant’s acts will continue

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1 unless enjoined.
2 FOURTH CAUSE OF ACTION
3 FEDERAL UNFAIR COMPETITION
4 IN VIOLATION OF 15 U.S.C. § 1125(a)
5 42. Samick repeats and alleges each and every allegation contained in paragraphs 1
6 through 41 of this Complaint, and incorporates them herein as though set forth in full.
7 43. The SOHMER trademark has become uniquely associated with, and hence
8 identifies, Samick and its predecessors-in-interest. Defendant’s use of the SOHMER trademark
9 constitutes a false designation of origin, or a false representation. Further, it wrongfully and
Facsimile: (310) 394-4477

10 falsely designates Defendant’s products as originating from or connected with Samick and
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11 constitutes utilizing false descriptions or representations in interstate commerce.
CISLO & THOMAS LLP

12 44. The conduct of Defendant is likely to cause mistake, to deceive, and confuse
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13 members of the public who would be wrongfully led to believe that Defendant is associated with
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14 Samick, thereby depriving Samick of its valid trademark rights.
15 45. Samick is informed and believes that Defendant, in adopting the SOHMER
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16 trademarks, has acted willfully and with full knowledge of Samick’s rights in the SOHMER
17 trademarks, and has used this false designation of origin and description in contravention of
18 15 U.S.C. § 1125(a).
19 46. The continued unauthorized use by Defendant of the confusingly similar
20 trademark in relation to the manufacture and sale of the pianos at issue is likely to cause
21 confusion and deception of the public and lead consumers and potential consumer to erroneously
22 associate the products of Defendant with Samick and/or to erroneously believe that the products
23 of Defendant are being placed upon the market with the consent and authority of Samick, as a
24 result of which the continue use by Defendant of the SOHMER trademarks has caused and,
25 unless restrained, will continue to cause serious and irreparable injury to Samick.
26 47. By reason of the foregoing, Samick has been injured in an amount not yet
27 ascertained.
28 ///

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1 FIFTH CAUSE OF ACTION
2 STATE AND COMMON LAW UNFAIR COMPETITION
3 48. Samick repeats and alleges each and every allegation contained in paragraphs 1
4 through 47 of this Complaint, and incorporates them herein as though set forth in full.
5 49. This claim is against Defendant for unfair competition in violation of California
6 Business & Professions Code, §§ 17200, 17203.
7 50. The SOHMER trademarks are wholly associated with Samick and its
8 predecessors-in-interest due to their extensive marketing efforts, sales successes, and pervasive
9 use thereof, and as such, Samick has developed valuable assets in the SOHMER trademarks and
Facsimile: (310) 394-4477

10 its pianos sold under the SOHMER trademarks. It is only fair and legitimate that Samick be able
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11 to continue its business without unfair, improper, unauthorized, and illegal interference by
CISLO & THOMAS LLP

12 Defendant as alleged herein.
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13 51. Defendant’s intentional misuse of the SOHMER trademarks on pianos appears
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14 purposefully directed at undercutting Samick’s legitimate business involving their pianos and
15 constitutes unfair competition in violation of the California Business and Professions Code,
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16 §§ 17200 and 17203.
17 52. Samick alleges that the aforesaid acts of unfair competition undertaken by
18 Defendant was intentionally and knowingly performed and directed toward perpetuating a
19 business competing unfairly with Samick and were done with a willful disregard for the rights of
20 Samick.
21 53. By reason of Defendant’s acts of unfair competition, Samick has suffered and will
22 continue to suffer irreparable injury unless and until this Court enters an order enjoining
23 Defendant from any further acts of unfair competition. Defendant continuing acts of unfair
24 competition, unless enjoined, will cause irreparable damage to Samick in that it will have no
25 adequate remedy at law to compel Defendant to cease such acts, and no way to determine its
26 losses proximately caused by such acts of Defendant. Samick will also be compelled to prosecute
27 a multiplicity of actions, one action each time Defendant commits such acts, and in each such
28 action it will still be extremely difficult to ascertain the amount of compensation which will

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1 afford Samick adequate relief. Samick is therefore entitled to a preliminary injunction and a
2 permanent injunction against further infringing conduct by Defendant.
3 54. As a direct and proximate result of the aforesaid acts of unfair competition,
4 Defendant has wrongfully taken Samick’s profits and the benefit of their creativity and
5 investment of time, energy and money. Defendant should therefore disgorge all profits from the
6 sale of infringing products and further should be ordered to perform full restitution to Samick as a
7 consequence of Defendant’s infringing activities.
8 55. Samick is informed and believe that the use of the SOHMER trademarks by
9 Defendant was willful and with full knowledge of the unauthorized usage thereof.
Facsimile: (310) 394-4477

10 56. In doing the acts hereinabove alleged, Defendant has acted fraudulently,
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11 oppressively, and maliciously, and will continue to so act unless enjoined.
CISLO & THOMAS LLP

12 PRAYER FOR RELIEF
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13 WHEREFORE, Samick prays for:
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14 1. An order permanently enjoining Defendant, its officers, agents, servants,
15 employees, attorneys, and all persons in active concert or participating with any of them, from:
Telephone: (310) 451-0647

16 a) committing any further acts of trademark infringement,
17 b) using any term that is likely to be confused with the SOHMER trademarks
18 asserted herein,
19 c) representing directly or indirectly in any form or manner whatsoever that
20 any product is associated with or approved by Samick when, in fact, it is not,
21 d) passing off or inducing or enabling others to sell or pass off any non-
22 Samick product as an Samick product or as a product endorsed or approved by Samick,
23 and
24 e) committing any other act calculated to compete unfairly with Samick in
25 any manner;
26 2. An order seizing and impounding all infringing products and all manufacturing
27 supplies in Defendant’s possession or control;
28

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1 3. An order requiring Defendant to file an express withdrawal of its federal
2 trademark application, U.S. Trademark Application Serial No. 76/210,248 with the United States
3 Patent and Trademark Office, and to refrain from seeking any other trademark registration
4 inconsistent with the foregoing injunctive relief;
5 4. An order to the United States Patent and Trademark Office to cancel or to refuse
6 registration of U.S. Trademark Application Serial No. 76/210,248;
7 5. An order to the United States Patent and Trademark Office to dismiss the
8 trademark opposition against the federal registration of Samick’s SOHMER trademark;
9 6. An order awarding to Samick damages in the amount that Samick has been harmed
Facsimile: (310) 394-4477

10 by Defendant’s infringements and unfair business practices, in an amount Samick proves at trial;
SANTA MONICA, CALIFORNIA 90401-4110

11 7. An order for an accounting and disgorgement of Defendant’s profits from its
CISLO & THOMAS LLP

12 infringing and unfair business activity;
∃ΩΩΡΥΘΗ∴ς ∆Ω /∆Ζ
1333 2nd Street
∃ΩΩΡΥΘΗ∴ς ∆Ω /∆Ζ

13 8. A finding that Defendant has willfully and deliberately committed acts of
SUITE 500

14 trademark infringement against Samick;
15 9. An order trebling such damages against Defendant;
Telephone: (310) 451-0647

16 10. An order for attorneys’ fees and costs that Samick incurred in having to bring and
17 sustain this action for the legal enforcement of its trademark and business rights against
18 Defendant;
19 ///
20 ///
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27 ///
28 ///

13
Case 3:09-cv-00197-LRH-VPC Document 1 Filed 04/15/2009 Page 14 of 15

1 11. Such other and further equitable and legal relief as the Court may deem
2 appropriate.
3
4 Respectfully submitted,
5 WATSON ROUNDS
6
7 Dated: April 15, 2009 /s/ Matthew D. Francis
Michael D. Rounds, Esq.
8
Matthew D. Francis, Esq.
9 5371 Kietzke Lane
Facsimile: (310) 394-4477

Reno, Nevada 89511
10 (775) 324-4100
SANTA MONICA, CALIFORNIA 90401-4110

11 Of Counsel:
CISLO & THOMAS LLP

12 Daniel M. Cislo, Esq.
Kelly W. Cunningham, Esq.
∃ΩΩΡΥΘΗ∴ς ∆Ω /∆Ζ
1333 2nd Street
∃ΩΩΡΥΘΗ∴ς ∆Ω /∆Ζ

13 CISLO & THOMAS LLP
SUITE 500

1333 2nd Street, Suite 500
14 Santa Monica, California 90401
15 (310) 451-0647
Telephone: (310) 451-0647

Pro Hac Vice Pending
16
Attorneys for Plaintiff
17 SAMICK MUSIC CORPORATION
18
19
20
21
22
23
24
25
26
27
28

14
Case 3:09-cv-00197-LRH-VPC Document 1 Filed 04/15/2009 Page 15 of 15

JURY DEMAND
1
Plaintiff SAMICK MUSIC CORPORATION hereby demands a trial by jury as provided
2
by Rule 38(a) of the Federal Rules of Civil Procedure and by the Local Rules of this Court.
3
4
Respectfully submitted,
5
WATSON ROUNDS
6
7 Dated: April 15, 2009 /s/ Matthew D. Francis
8 Michael D. Rounds, Esq.
Matthew D. Francis, Esq.
9 5371 Kietzke Lane
Facsimile: (310) 394-4477

Reno, Nevada 89511
10 (775) 324-4100
SANTA MONICA, CALIFORNIA 90401-4110

11
CISLO & THOMAS LLP

Of Counsel:
12 Daniel M. Cislo, Esq.
Kelly W. Cunningham, Esq.
∃ΩΩΡΥΘΗ∴ς ∆Ω /∆Ζ
1333 2nd Street
∃ΩΩΡΥΘΗ∴ς ∆Ω /∆Ζ

13 CISLO & THOMAS LLP
SUITE 500

14 1333 2nd Street, Suite 500
Santa Monica, California 90401
15 (310) 451-0647
Telephone: (310) 451-0647

Pro Hac Vice Pending
16
17 Attorneys for Plaintiff
SAMICK MUSIC CORPORATION
18
19
20
21
22
23
24
25
26
27
28

15
13th
Case 3:09-cv-00197-LRH-VPC Document 1-3 Filed 04/15/2009 Page 1 of 26

Exhibit 1

Exhibit 1
Case 3:09-cv-00197-LRH-VPC Document 1-3 Filed 04/15/2009 Page 2 of 26
Case 3:09-cv-00197-LRH-VPC Document 1-3 Filed 04/15/2009 Page 3 of 26

Exhibit 2

Exhibit 2
Case 3:09-cv-00197-LRH-VPC Document 1-3 Filed 04/15/2009 Page 4 of 26
Case 3:09-cv-00197-LRH-VPC Document 1-3 Filed 04/15/2009 Page 5 of 26

Exhibit 3

Exhibit 3
Case 3:09-cv-00197-LRH-VPC Document 1-3 Filed 04/15/2009 Page 6 of 26
Case 3:09-cv-00197-LRH-VPC Document 1-3 Filed 04/15/2009 Page 7 of 26

Exhibit 4

Exhibit 4
Case 3:09-cv-00197-LRH-VPC Document 1-3 Filed 04/15/2009 Page 8 of 26
Case 3:09-cv-00197-LRH-VPC Document 1-3 Filed 04/15/2009 Page 9 of 26

Exhibit 5

Exhibit 5
Trademark Electronic Search System (TESS) http://tess2.uspto.gov/bin/showfield?f=doc&state=4008:oth12k.2.1
Case 3:09-cv-00197-LRH-VPC Document 1-3 Filed 04/15/2009 Page 10 of 26

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Word Mark SOHMER
Goods and (ABANDONED) IC 015. US 002 021 036. G & S: Musical instruments, namely pianos. FIRST USE:
Services 19160303. FIRST USE IN COMMERCE: 19160303
Mark Drawing
(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Code
Design Search 22.01.01 - Organs (musical); Pianos
Code 24.01.02 - Shields or crests with figurative elements contained therein or superimposed thereon
24.01.03 - Shields or crests with letters, punctuation or inscriptions contained therein or superimposed
thereon
26.11.08 - Rectangles comprised of letters, numerals or punctuation and letters, numerals or punctuation
forming the perimeter of a rectangle or bordering the perimeter of a rectangle.
26.11.21 - Rectangles that are completely or partially shaded
Serial Number 76535595
Filing Date July 25, 2003
Current Filing
1A
Basis
Original Filing
1A
Basis
Owner (APPLICANT) SAMICK MUSIC CORPORATION CORPORATION CALIFORNIA 1329 GATEWAY
DRIVE GALLATIN TENNESSEE 37066
Assignment
ASSIGNMENT RECORDED
Recorded
Attorney of
John O'Banion
Record
Prior
0137464
Registrations
Type of Mark TRADEMARK
Register PRINCIPAL

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Case 3:09-cv-00197-LRH-VPC Document 1-3 Filed 04/15/2009 Page 11 of 26
Live/Dead
DEAD
Indicator
Abandonment
August 6, 2004
Date

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Case 3:09-cv-00197-LRH-VPC Document 1-3 Filed 04/15/2009 Page 12 of 26

Exhibit 6

Exhibit 6
Trademark Electronic Search System (TESS) http://tess2.uspto.gov/bin/showfield?f=doc&state=4001:hlv8jc.2.1
Case 3:09-cv-00197-LRH-VPC Document 1-3 Filed 04/15/2009 Page 13 of 26

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Typed Drawing

Word Mark SOHMER
Goods and Services IC 015. US 002 021 036. G & S: MUSICAL INSTRUMENTS NAMELY, PIANOS
Mark Drawing Code (1) TYPED DRAWING
Serial Number 76214968
Filing Date February 23, 2001
Current Filing Basis 1B
Original Filing Basis 1B
Published for
June 22, 2004
Opposition
Supplemental Register
October 25, 2002
Date
Owner (APPLICANT) SAMICK MUSIC CORPORATION CORPORATION CALIFORNIA 1329 GATEWAY
DRIVE GALLATIN TENNESSEE 37066
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record JOHN P. O'BANION
Type of Mark TRADEMARK
Register PRINCIPAL-2(F)
Live/Dead Indicator LIVE

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Exhibit 7

Exhibit 7
Trademark Electronic Search System (TESS) http://tess2.uspto.gov/bin/showfield?f=doc&state=4001:hlv8jc.3.1
Case 3:09-cv-00197-LRH-VPC Document 1-3 Filed 04/15/2009 Page 15 of 26

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Typed Drawing

Word Mark SOHMER & CO.
Goods and IC 015. US 002 021 036. G & S: Musical instruments, namely pianos. FIRST USE: 18720000. FIRST
Services USE IN COMMERCE: 18720000
Mark Drawing
(1) TYPED DRAWING
Code
Serial Number 76546304
Filing Date September 8, 2003
Current Filing
1A
Basis
Original Filing
1A
Basis
Owner (APPLICANT) SAMICK MUSIC CORPORATION CORPORATION CALIFORNIA 1329 GATEWAY
DRIVE GALLATIN TENNESSEE 37066
Assignment
ASSIGNMENT RECORDED
Recorded
Attorney of Record John O'Banion
Prior Registrations 0119130;0137464
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "& CO" APART FROM THE MARK AS
SHOWN
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

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Case 3:09-cv-00197-LRH-VPC Document 1-3 Filed 04/15/2009 Page 16 of 26

Exhibit 8

Exhibit 8
SMC :: Samick Music Corp. http://smcmusic.com/
Case 3:09-cv-00197-LRH-VPC Document 1-3 Filed 04/15/2009 Page 17 of 26

Samick Music Corp. Find a Product
Welcom e t o t he online hom e of Sam ick M usic Corp., one of t he world' s largest and Grand Pianos
m ost experienced m anufact urers of m usical inst rum ent s in t he w orld. From high
V ert ical Pianos
qualit y, feat ure- rich ent ry level inst rum ent s, t o w orld class acoust ic and digit al pianos,
Sam ick Music will always deliver t he qualit y you deserve and expect . D igit al Pianos

Elect ric Guit ars

Acoust ic Guit ars

Samick Acquires Seiler
Pianos Will Continue to Be Manufactured in Germany Global Sites
Sam ick Musical I nst rum ent s Co., Lt d. is proud t o SAM I CK Korea
announce t hat it has acquired ED. SEI LER
Pram berger Korea
Pianofort efabrik Gm bH & Co. KG as a w holly
owned subsidiary effect ive Novem ber 1, 2008. SAM I CK I ndonesia

A new m anagem ent t eam for SEI LER has been
appoint ed, and SEI LER pianos w ill cont inue t o be
m anufact ured in Germ any in t he sam e fact ories
by t he sam e skilled craft sm en t hat m ade SEI LER one of t he World’s finest pianos for
generat ions.

Sam ick has alw ays adm ired Germ an innovat ion, engineering, and craft sm anship, and
is indeed proud t o be able t o offer a line of qualit y Germ an- m ade product s in addit ion SAMI CK Music Corp.
t o it s ext ensive line of product s current ly being m anufact ured in Korea, I ndonesia, and
t he Unit ed St at es of Am erica.

SEI LER pianos w ill be on display at t he NAMM Show in t he SAMI CK boot h locat ed in
room s 210 A&B. Addit ional new m odels w ill be showcased at t he upcom ing
Musikm esse in Frankfurt .

Samick Hosts NAMM Jam in Nashville
Greg Bennett Artists and Employees Rock to a Packed House at BB King's

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Case 3:09-cv-00197-LRH-VPC Document 1-3 Filed 04/15/2009 Page 18 of 26

Fret board act ion heat ed up at t he Greg Bennet t ‘NAMM Jam ’ held during t he annual
sum m er NAMM show in Nashville, Tennessee. The event w as dedicat ed t o and in
celebrat ion of com m unit y m usic st ores t hroughout t he count ry t hat cont inue t o serve
t heir local com m unit ies by providing m usical inst rum ent sales, service, and educat ion.

The j am t ook place at BB Kings Blues Club downt ow n and feat ured 2006 Guit ar World
Magazine ‘Guit ar Hero’ w inner Ladd Sm it h ( pict ured above) , w ho played his
cust om ized Greg Bennet t Form ula FA1. Ot her perform ing art ist s included Coles
Whalen, Jessie Lynn, Shaw n Michael Perry, Ravi, Roger Zim ish, Michell Chenard, St eve
Rut ledge and a host of m usic st ore ow ners w ho showed up t o have fun and show off
t heir chops.

SMC's New Home in Tennessee
New Headquarters Will Greatly Benefit Customers
Sam ick Music Corp. m ade a m om ent ous decision
last year t hat it w ould leave it s Nort h Am erican
headquart ers in Cit y of I ndust ry, California, it s
hom e for m ore t han t w ent y years. Aft er
considering several locat ions t hroughout t he
Unit ed St at es, SMC purchased 14 acres of land
east of t he cit y cent er of Gallat in, Tennessee,
approxim at ely 30 m iles nort heast of Nashville. I n
addit ion t o m oving it s headquart ers and prim ary
dist ribut ion cent er, Sam ick also plans t o m anufact ure product s in it s new facilit y.

J.S. Kim , head of SMC' s I nchon, Sout h Korea parent com pany Sam ick Musical
I nst rum ent s Com pany, Lt d. and Chairm an of SMC' s Board of Direct ors, explains t he
reasons behind t he m ove: " Over t he last decade w e have seen t he cost s of business
and m anufact uring increase in t he Pacific Rim count ries. The product ion of prem ium
value product s has now becom e viable in t he Unit ed St at es. Many Am erican
consum ers are looking for a bet t er qualit y product ."

I n 2005, t he Gallat in Econom ic Developm ent Agency part nered w it h t he Tennessee
Depart m ent of Econom ic and Com m unit y Developm ent and ot her local organizat ions
t o help bring Sam ick t o Gallat in. Tennessee Governor Phil Bredesen said, " I t seem s
very fit t ing t hat a com pany t hat specializes in producing qualit y m usic product s w ould
find it s way hom e t o Tennessee, j ust 25 m iles out side of Music Cit y USA, w here
qualit y m usic is m ade."

Samick Celebrates 50th Anniversary
A Story of Resilience
SMC is pleased t o celebrat e Sam ick' s Golden Anniversary in 2008.

Sam ick was founded in Korea in 1958 by Hyo I ck Lee. Facing an
im m ense challenge in im poverished and war- t orn Sout h Korea, Lee

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Case 3:09-cv-00197-LRH-VPC Document 1-3 Filed 04/15/2009 Page 19 of 26
began t o build and sell a few vert ical pianos a week from a sm all
convert ed shop front . I t w asn' t long before t he com pany st art ed
m anufact uring upright pianos on a large scale. I n 1964 Sam ick becam e t he first
Korean com pany t o export pianos and by t he early 1970s, t he com pany had becom e a
large- scale m anufact urer wit h over 3,000 em ployees building pianos and guit ars.

I n t he years following, Sam ick focused on global expansion. I n 1978 t hey opened a
branch office in Los Angeles, California, follow ed by est ablishm ent of an office in
Düsseldorf, Germ any in 1980. Sales of Sam ick product s in t he Unit ed St at es grew
exponent ially and Sam ick soon announced t he developm ent of t heir Am erican
subsidiary, Sam ick Music Corporat ion in 1982.

Sam ick has alw ays been dedicat ed t o developing new product s and qualit y, st art ing in
1983 w it h a t echnical cooperat ion w it h Klaus Fenner, a piano designer and t echnician
from Germ any. Fenner w as renowned for designing t he Germ an I m perial Scale t hat
cont inues t o charact erize t he pianos of leading int ernat ional m anufact urers.

© 2008 SAM I CK M usic Cor p. | Valid XHT M L | CSS Hom e | Cont a ct us
1329 Gat eway Drive, Gallat in, TN 37066 | ( 800) 592- 9393

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Case 3:09-cv-00197-LRH-VPC Document 1-3 Filed 04/15/2009 Page 20 of 26

Company | Grand Pianos | Vertical Pianos |
Contact Us
Sohmer & Co. Pianos

H u go So h m e r 18 4 5 – 19 13
Founder of Sohmer & Co. Pianos

Hugo Sohmer founded Sohmer & Co. in 1872 after
emigrating from Germany. The company made some
of the finest pianos in America and was part of New
York's booming piano manufacturing scene of the
late 19th century. Its main factory on the bank of
the East River in Astoria, Queens still stands today.

Sohmer was a musician himself and had a
musician's keen appraisal of a piano's tonal
qualities. After a few short years of production,
Hugo Sohmer was granted a patent for a very unique achievement
at the time: being the first to produce a 5t baby grand piano.

Sohmer's pianos received both popular and critical acclaim in that
vibrant era of history, being featured in the finest homes in New
York and across the country. Some of the more notable owners
include Fred Astaire, Irving Berlin, William Randolph Hearst,
Katharine Hepburn, and Eartha Kitt. Sohmer showcased its finest
creations in a grand showroom called the House of Sohmer at 31
West 57th Street in the heart of Manhattan's antiques district. And it
was no coincidence that Carnegie Hall was right around the corner.

At his death in 1931, Hugo Sohmer passed on his love for the piano
to his sons. Sohmer & Co. enjoyed family ownership for over one
hundred years until the company was sold in 1982.

Today, Samick Music Corp. carries on the tradition of making one of
the finest pianos available to the American consumer.

If you have any inquires, please feel free to contact us anytime.

To find a dealer near you - click here.

© 2008 Sohmer & Co. - a division Samick Music Corporation Company | Grand Pianos | Vertical Pianos | Contact Us

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Sohmer Pianos :: Grands http://www.sohmerco.com/grands.htm
Case 3:09-cv-00197-LRH-VPC Document 1-3 Filed 04/15/2009 Page 21 of 26

Company | Grand Pianos | Vertical Pianos |
Contact Us
Sohmer & Co. Pianos

So h m e r Gra n d Pia n o s
Sohm er 5 0 T 5 ' 0 "
Av ailable in: Ebony Sat in, Mahogany , Walnut , and
Cher r y

View Specifications / Larger Images

Sohm er 6 3 T 5 ' 4 "
Av ailable in: Ebony Sat in, Mahogany , Walnut , and
Cher r y

View Specifications / Larger Images

Sohm er 7 7 E 5 ' 9 "
Av ailable in: Ebony Sat in, Mahogany , Walnut , and
Cher r y

View Specifications / Larger Images

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Case 3:09-cv-00197-LRH-VPC Document 1-3 Filed 04/15/2009 Page 22 of 26
Sohm er 7 7 F 5 ' 9 "
Av ailable in: Ebony Sat in, Mahogany , Walnut , and
Cher r y

View Specifications / Larger Images

Sohm er 7 7 H 5 ' 9 "
Av ailable in: Ebony Sat in, Mahogany , Walnut , and
Cher r y

View Specifications / Larger Images

Sohm er 9 0 T 6 ' 2 "
Av ailable in: Ebony Sat in and Mahogany

View Specifications / Larger Images

© 2008 Sohmer & Co. - a division Samick Music Corporation Company | Grand Pianos | Vert ical Pianos | Cont act Us

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Case 3:09-cv-00197-LRH-VPC Document 1-3 Filed 04/15/2009 Page 23 of 26

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Case 3:09-cv-00197-LRH-VPC Document 1-3 Filed 04/15/2009 Page 26 of 26
EXHIBIT 2