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

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

SAMICK MUSIC CORPORATION, a California corporation,

) ) ) Plaintiff, ) ) v. ) ) PERSIS INTERNATIONAL, INC., a Nevada) corporation, ) ) Defendant. ) ) ) ) ) ) ) ) )

Case No. VERIFIED COMPLAINT FOR: (1) FEDERAL TRADEMARK INFRINGEMENT; (2) COMMON LAW TRADEMARK INFRINGEMENT; (3) FEDERAL TRADEMARK DILUTION; (4) FEDERAL UNFAIR COMPETITION; (5) STATE AND COMMON LAW UNFAIR COMPETITION JURY DEMAND

For its Complaint, Plaintiff SAMICK MUSIC CORPORATION (“Samick”) hereby alleges and asserts as follows:

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1.

This is an action for federal trademark infringement, federal unfair competition,

and federal trademark dilution in violation of the Federal Lanham Act, 15 U.S.C. § 1051, et seq.; common law trademark infringement; and state unfair competition in violation of Cal. Bus. & Prof. Code § 17200, et seq., against Defendant PERSIS INTERNATIONAL, INC. (“Defendant”), for its commercial use and exploitation of Samick’s SOHMER trademarks on or in connection with the sale of pianos. Samick hereby seeks (1) injunctive relief against Defendant’s continued unauthorized and improper commercial use and exploitation of any trademark confusingly similar to Samick’s SOHMER trademarks on or in connection with the sale of any musical instruments, including pianos, or their components or accessories; and (2) all damages arising from Defendant’s past and present infringement and reimbursement of Samick’s attorneys’ fees and costs for having to bring this suit to enforce its trademark rights. I. 2. Tennessee. 3. Samick is informed and based thereon believes that Defendant is a Nevada THE PARTIES

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Samick is a California corporation with its principal place of business in Gallatin,

corporation with an office in Chicago, Illinois. II. 4. JURISDICTION AND VENUE

This Court has jurisdiction pursuant to 15 U.S.C. § 1121, and 28 U.S.C. §§ 1331

and 1338(a) over the federal trademark infringement and dilution claims, which arise under the Federal Lanham Act, 15 U.S.C. §§ 1051, et seq; and has jurisdiction pursuant to 28 U.S.C. §§ 1338(b) and 1367 over the state unfair competition and common law trademark infringement claims. 5. Upon information and belief, this Court has personal jurisdiction over Defendant

since Defendant was incorporated under the laws of Nevada and thereby resides in this State. Upon information and belief, venue is proper in the Reno Division of the District of Nevada as to Defendant pursuant to 28 U.S.C. §§ 1391(b) and (c) Defendant was incorporated under the laws of Nevada and is thereby resides in this State and has transacted business in this District during times relevant to this action, including a substantial part of the events giving rise to the claims 2

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Samick alleges and asserts herein. III. A. BACKGROUND FACTS

Samick’s SOHMER Trademarks and Pending Trademark Applications 6. Samick has been using the SOHMER™ trademark continuously since at least

2003 in connection with one of the highest quality lines of pianos in the world and, upon information. Samick is informed and based thereon believes that its predecessors-in-interest have likewise been using the SOHMER™ trademark continuously before that time since at least as early as 1872 in connection with one of the highest quality lines of pianos in the world. 7. Samick is informed and based thereon believes that in or about 1872, Hugo

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Sohmer, a German immigrant in New York founded the Sohmer & Co., Inc. and adopted and began using the SOHMER trademark on his pianos made with the highest craftsmanship. Sohmer & Co., Inc. changed its name to Sohmer Corporation in 1989, merged with Mason & Hamlin Co. in 1994, and was purchased by Burgett, Inc. in 1996. 8. Samick is informed and based thereon believes that Burgett has been using the

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SOHMER trademark on its pianos and related products and components therefor since at least as early as 1996, when it acquired the SOHMER trademark, along with all of the assets of Mason & Hamlin Co., including its original piano rim presses, the long-standing factory in Haverhill, Massachusetts’ historic district, and a completely documented computer-based archive of the authentic piano designs. 9. On or about 2002, Samick acquired the exclusive license to sell musical On March 11, 2009, Samick

instruments, namely pianos, using the SOHMER trademark.

acquired by assignment from Burgett, Inc. all rights, title, and interest in and to all of Burgett, Inc.’s rights in the SOHMER trademarks and the business pertaining thereto. Accordingly, at all times relevant to this action up until it acquired outright the foregoing SOHMER trademarks and trademark applications, Samick was the exclusive licensee of the SOHMER trademarks. 10. Consequently and by written assignment, Samick is the current owner (by

assignment) of the following trademarks: a. SOHMER (in stylized lettering); 3

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b. c. d.

SOHMER (separate and apart from any particular lettering); SOHMER and Shield Design with White Piano; and SOHMER & CO.

These trademarks were previously registered as U.S. Trademark Registration Nos. 85,691; 119,130; 137,464; 1,786,687; but each of these registrations was subsequently deemed canceled by United States Patent and Trademark Office due to the failure of a predecessor-in-interest to timely file with the United States Patent and Trademark Office the necessary trademark registration renewal papers; and e. SOHMER and Shield Design with Black Piano;

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This trademark was previously the subject of U.S. Trademark Application Serial No. 76/535,595; but this application was subsequently deemed abandoned by United States Patent and Trademark Office due to the failure of a predecessor-in-interest to timely file with the United States Patent and Trademark Office a response to a non-final office action. The foregoing five (5) trademarks referenced in this paragraph are hereinafter collectively referred to as the “SOHMER trademarks.” Attached hereto as Exhibits 1 through 5 are true and correct copies of the Trademark Office records pertaining to these five previously registered trademarks. By written assignment, Samick is also the current owner and applicant of the following federal trademark applications: a. b. U.S. Trademark Application Serial No. 76/214,968 for SOHMER; and U.S. Trademark Application Serial No. 76/546,304 for SOHMER & CO. On or about October 25, 2002, the United States Patent and Trademark Office erroneously converted SOHMER Trademark Application Serial No. 76/214,968 to the Supplemental Register. The United States Patent and Trademark Office ultimately reversed this error, found this application allowable, the published it for opposition. Samick’s two (2) pending trademark applications, Serial Nos. 76/214,968 and 76/546,304, are hereinafter collectively referred to as the “SOHMER trademark applications.” Attached 4

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hereto as Exhibits 6 and 7 are true and correct copies of the Trademark Office records pertaining to these two trademark applications. 11. Samick manufactures and sells musical instruments, namely high-end pianos, and

related products and components therefor under the SOHMER trademark. Samick has at all times relevant to this action appropriately accompanied the SOHMER trademarks with the proper trademark notice on all such pianos and on their labels, tags, and packaging. Samick is informed and based thereon believes that Samick’s predecessors-in-interest also always appropriately accompanied the SOHMER trademarks with the proper trademark notice on all such pianos and on their labels, tags, and packaging. 12. Although the trademark registrations have expired, they constitute further

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evidence, along with the chain of title for each as recorded with the United States Patent and Trademark Office, that Samick’s current commercial use of the SOHMER trademark justifiably relates back to 1872. In the more than 135 years since the humble beginning by Hugo Sohmer, Samick and its predecessors-in-interest developed SOHMER into one of the most revered trademarks in the piano market. 13. Samick currently maintains its website, www.smcmusic.com, wherein it advertises

the current well-known lines of SOHMER grand pianos. Attached hereto as Exhibit 8 are true and correct copies of web pages from Samick’s www.smcmusic.com website showing the SOHMER brand pianos and mark. B. 14. Defendant’s Infringing Use and Interference Samick is informed and based thereon believes that Defendant has been and is

currently using the SOHMER mark on or in connection with the sale of pianos without any authorization from Samick or any of Samick’s predecessors-in-interest. 15. Samick is informed and based thereon believes that Defendant has offered for sale

and has made sales of pianos using the SOHMER trademark to consumers in this judicial district. 16. Samick is informed and based thereon believes that Defendant used the SOHMER

trademark in connection with pianos with full knowledge of Samick’s and Samick’s predecessors’-in-interest ownership of and senior rights in and to the SOHMER trademark. 5

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17.

On or about January 15, 2003, Defendant offered for sale pianos under the

SOHMER trademark at the 2003 National Association of Music Merchants (“NAMM”) trade show in Anaheim, California, January 15-18, 2003. 18. At the NAMM trade shows, Defendant displayed to the public pianos with the

SOHMER trademark on the surface and under a large banner that included the SOHMER trademark in prominent letters. 19. According to the trade show directory, Defendant was advertising “Sohmer & Co.

Pianos,” “Sohmer Pianos,” and “Sohmer & Son Pianos,” showing the same mailing address as Defendant’s pending trademark application. 20. Samick is informed and based thereon believes that, on February 15, 2001, Edward

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F. Richards filed a federal intent-to-use trademark application for SOHMER for pianos, which was given U.S. Trademark Application Serial No. 76/210,248. Mr. Richards subsequently

testified in writing and under oath to the United States Patent and Trademark Office that he first used SOHMER in commerce in connection with pianos on June 26, 2001. On or about October 8, 2002, Mr. Richards assigned his rights in the application to his company, the Defendant. On September 26, 2002, the United States Patent and Trademark Office entered a notice of suspension in Trademark Application Serial No. 76/210,248 pending the disposition of the abovementioned SOHMER Trademark Application Serial No. 76/214,968 owned by Samick. Attached hereto as Exhibit 9 is a true and correct copy of the notice of suspension entered in this trademark application. 21. On October 29, 2002, Samick sent a cease and desist letter to Defendant

demanding that they cease and desist from all further use of the SOHMER trademarks, and it withdraw the improper trademark application before the United States Patent and Trademark Office. 22. On October 19, 2004, Defendant filed a notice of opposition against Samick’s U.S.

Trademark Application Serial No. 76/214,968, which initiated Opposition Proceeding No. 91162715 before the Trademark Trial and Appeal Board. This opposition proceeding is still pending, and consequently is preventing the federal re-registration of Samick’s U.S. Trademark 6

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Application Serial No. 76/214,968. The remainder of Defendant’s testimony period is scheduled to re-open from May 5, 2009 to May 8, 2009, and Samick’s testimony period is scheduled to open on June 7, 2009. 23. The United States Patent and Trademark Office has suspended examination of

U.S. Trademark Application Serial No. 76/546,304 pending the outcome of Defendant’s U.S. Trademark Application Serial No. 76/210,248, which in turn is suspended pending the outcome of Samick’s U.S. Trademark Application No. 76/214,968, the subject of Trademark Opposition No. 91162715 initiated by Defendant before the Trademark Trial and Appeal Board. Since this opposition proceeding is still pending, Defendant is preventing the federal re-registration of Samick’s U.S. Trademark Application Serial No. 76/546,304 as well. FIRST CAUSE OF ACTION FEDERAL TRADEMARK INFRINGEMENT 24. Samick repeats and alleges each and every allegation contained in paragraphs 1

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through 23 of this Complaint, and incorporates them herein as though set forth in full. 25. This claim is against Defendant for trademark infringement in violation of Section

43(a) of the Lanham Act, 15 U.S.C. § 1125(a). 26. Samick is informed and based thereon alleges that Defendant has used, is using,

and intends to continue using now and in the future in commerce the term SOHMER as a trademark for sales of pianos in such as way as will likely cause confusion or mistake, or will likely deceive the public in relation to their products being associated or identified or being the same as those of Samick. 27. Samick never consented to or authorized Defendant’s adoption or commercial use

of the SOHMER trademarks for sales of the aforementioned products. Defendant therefore has infringed and is infringing the SOHMER trademarks in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). 28. The Ninth Circuit considers the following non-exclusive factors to determine

whether there is a likelihood of confusion: similarity of the marks; similarity of the products or services; similarity of the marketing channels used; and likelihood of expansion in product lines; 7

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strength of plaintiff’s mark; defendant's intent in selecting its mark; likely degree of care of purchasers; and evidence of actual confusion. 29. The SOHMER trademarks are very strong after years of successful marketing,

significant sales volume, critical acclaim, and widespread public recognition. Defendant likewise sells pianos under the SOHMER trademarks and shares such similar marketing channels as to cause a likelihood of confusion. These factors indicate that Defendant adopted the SOHMER trademark intending to ride on the goodwill and reputation of Samick and its predecessors-ininterest. 30. Samick is informed and based thereon alleges that, at all times relevant to this

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action, including when Defendant first adopted the SOHMER trademarks and commenced their commercial use of the mark on pianos, Defendant knew of the prior adoption and widespread commercial use of the SOHMER trademarks on pianos that Samick presently owns and knew of the valuable goodwill and reputation acquired by Samick in connection with the SOHMER trademarks and products. Defendant’s infringement of the SOHMER trademarks is therefore willful and deliberate. 31. Samick has no control over the composition and quality of the infringing pianos

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sold by Defendant. Samick is informed and believes and on that basis alleges that Defendant’s use of the SOHMER trademarks has caused confusion and mistake and the deception of purchasers as to the source of origin of Defendant’s infringing products. Because of the

confusion as to the source engendered by Defendant’s unauthorized use of the SOHMER trademarks, Samick’s valuable goodwill developed at great expense and effort by Samick is being harmed and at risk of further damage. 32. The goodwill of Samick’s business under the SOHMER trademarks is of

enormous value, and Samick will suffer irreparable harm should Defendant’s infringement be allowed to continue to the great detriment of its reputation and goodwill. infringement will continue unless enjoined. /// /// 8 Defendant’s

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SECOND CAUSE OF ACTION COMMON LAW TRADEMARK INFRINGEMENT 33. Samick repeats and alleges each and every allegation contained in paragraphs 1

through 32 of this Complaint, and incorporates them herein as though set forth in full. 34. 35. This claim is against Defendant for common law trademark infringement. In addition to the federal registrations owned by Samick as set forth above, Samick

owns and uses the SOHMER trademarks and enjoys common law rights in California and throughout the United States in and to the SOHMER trademarks on the goods set forth above, and thus these rights are senior and superior to any rights which Defendant may claim in and to its infringing products. 36. Defendant’s use of its SOHMER trademark is intentionally designed to mimic

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Samick’s products so as to likely cause and has caused confusion regarding the source of Defendant’s products, in that purchasers thereof will be likely to associate or have associated such products with, as originating with, or as approved by Samick, all to the detriment of Samick. 37. Defendant’s infringement will continue unless enjoined. THIRD CAUSE OF ACTION FEDERAL TRADEMARK DILUTION 38. Samick repeats and alleges each and every allegation contained in paragraphs 1

through 37 of this Complaint, and incorporates them herein as though set forth in full. 39. As a result of the duration and extent of use of the SOHMER trademarks, the

duration and extent of the advertising and publicity of the SOHMER trademarks, the geographical extent of the distribution of the same, the superior quality of Samick’s products and services, and the degree of recognition of the SOHMER trademarks, the SOHMER mark has achieved an extensive degree of distinctiveness and is a famous trademark. 40. As a result of Defendant’s use and registration of the SOHMER mark, Defendant

is diluting the distinctive quality of SOHMER trademarks. 41. Samick will suffer irreparable harm should Defendant’s illegal acts be allowed to

continue to the great detriment of its reputation and goodwill. Defendant’s acts will continue 9

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unless enjoined. FOURTH CAUSE OF ACTION FEDERAL UNFAIR COMPETITION IN VIOLATION OF 15 U.S.C. § 1125(a) 42. Samick repeats and alleges each and every allegation contained in paragraphs 1

through 41 of this Complaint, and incorporates them herein as though set forth in full. 43. The SOHMER trademark has become uniquely associated with, and hence

identifies, Samick and its predecessors-in-interest. Defendant’s use of the SOHMER trademark constitutes a false designation of origin, or a false representation. Further, it wrongfully and falsely designates Defendant’s products as originating from or connected with Samick and constitutes utilizing false descriptions or representations in interstate commerce. 44. The conduct of Defendant is likely to cause mistake, to deceive, and confuse

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members of the public who would be wrongfully led to believe that Defendant is associated with Samick, thereby depriving Samick of its valid trademark rights. 45. Samick is informed and believes that Defendant, in adopting the SOHMER

trademarks, has acted willfully and with full knowledge of Samick’s rights in the SOHMER trademarks, and has used this false designation of origin and description in contravention of 15 U.S.C. § 1125(a). 46. The continued unauthorized use by Defendant of the confusingly similar

trademark in relation to the manufacture and sale of the pianos at issue is likely to cause confusion and deception of the public and lead consumers and potential consumer to erroneously associate the products of Defendant with Samick and/or to erroneously believe that the products of Defendant are being placed upon the market with the consent and authority of Samick, as a result of which the continue use by Defendant of the SOHMER trademarks has caused and, unless restrained, will continue to cause serious and irreparable injury to Samick. 47. ascertained. /// 10 By reason of the foregoing, Samick has been injured in an amount not yet

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FIFTH CAUSE OF ACTION STATE AND COMMON LAW UNFAIR COMPETITION 48. Samick repeats and alleges each and every allegation contained in paragraphs 1

through 47 of this Complaint, and incorporates them herein as though set forth in full. 49. This claim is against Defendant for unfair competition in violation of California

Business & Professions Code, §§ 17200, 17203. 50. The SOHMER trademarks are wholly associated with Samick and its

predecessors-in-interest due to their extensive marketing efforts, sales successes, and pervasive use thereof, and as such, Samick has developed valuable assets in the SOHMER trademarks and its pianos sold under the SOHMER trademarks. It is only fair and legitimate that Samick be able to continue its business without unfair, improper, unauthorized, and illegal interference by Defendant as alleged herein. 51. Defendant’s intentional misuse of the SOHMER trademarks on pianos appears

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purposefully directed at undercutting Samick’s legitimate business involving their pianos and constitutes unfair competition in violation of the California Business and Professions Code, §§ 17200 and 17203. 52. Samick alleges that the aforesaid acts of unfair competition undertaken by

Defendant was intentionally and knowingly performed and directed toward perpetuating a business competing unfairly with Samick and were done with a willful disregard for the rights of Samick. 53. By reason of Defendant’s acts of unfair competition, Samick has suffered and will

continue to suffer irreparable injury unless and until this Court enters an order enjoining Defendant from any further acts of unfair competition. Defendant continuing acts of unfair competition, unless enjoined, will cause irreparable damage to Samick in that it will have no adequate remedy at law to compel Defendant to cease such acts, and no way to determine its losses proximately caused by such acts of Defendant. Samick will also be compelled to prosecute a multiplicity of actions, one action each time Defendant commits such acts, and in each such action it will still be extremely difficult to ascertain the amount of compensation which will 11

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afford Samick adequate relief. Samick is therefore entitled to a preliminary injunction and a permanent injunction against further infringing conduct by Defendant. 54. As a direct and proximate result of the aforesaid acts of unfair competition,

Defendant has wrongfully taken Samick’s profits and the benefit of their creativity and investment of time, energy and money. Defendant should therefore disgorge all profits from the sale of infringing products and further should be ordered to perform full restitution to Samick as a consequence of Defendant’s infringing activities. 55. Samick is informed and believe that the use of the SOHMER trademarks by

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Defendant was willful and with full knowledge of the unauthorized usage thereof. 56. In doing the acts hereinabove alleged, Defendant has acted fraudulently,

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oppressively, and maliciously, and will continue to so act unless enjoined. PRAYER FOR RELIEF WHEREFORE, Samick prays for: 1. An order permanently enjoining Defendant, its officers, agents, servants,

employees, attorneys, and all persons in active concert or participating with any of them, from: a) b) committing any further acts of trademark infringement, using any term that is likely to be confused with the SOHMER trademarks

asserted herein, c) representing directly or indirectly in any form or manner whatsoever that

any product is associated with or approved by Samick when, in fact, it is not, d) passing off or inducing or enabling others to sell or pass off any non-

Samick product as an Samick product or as a product endorsed or approved by Samick, and e) any manner; 2. An order seizing and impounding all infringing products and all manufacturing committing any other act calculated to compete unfairly with Samick in

supplies in Defendant’s possession or control;

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3.

An order requiring Defendant to file an express withdrawal of its federal

trademark application, U.S. Trademark Application Serial No. 76/210,248 with the United States Patent and Trademark Office, and to refrain from seeking any other trademark registration inconsistent with the foregoing injunctive relief; 4. An order to the United States Patent and Trademark Office to cancel or to refuse

registration of U.S. Trademark Application Serial No. 76/210,248; 5. An order to the United States Patent and Trademark Office to dismiss the

trademark opposition against the federal registration of Samick’s SOHMER trademark; 6. An order awarding to Samick damages in the amount that Samick has been harmed

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by Defendant’s infringements and unfair business practices, in an amount Samick proves at trial; 7. An order for an accounting and disgorgement of Defendant’s profits from its

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infringing and unfair business activity; 8. A finding that Defendant has willfully and deliberately committed acts of

trademark infringement against Samick; 9. 10. An order trebling such damages against Defendant; An order for attorneys’ fees and costs that Samick incurred in having to bring and

sustain this action for the legal enforcement of its trademark and business rights against Defendant; /// /// /// /// /// /// /// /// /// /// 13

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11. appropriate.

Such other and further equitable and legal relief as the Court may deem

Respectfully submitted, WATSON ROUNDS

Dated: April 15, 2009

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/s/ Matthew D. Francis Michael D. Rounds, Esq. Matthew D. Francis, Esq. 5371 Kietzke Lane Reno, Nevada 89511 (775) 324-4100 Of Counsel: Daniel M. Cislo, Esq. Kelly W. Cunningham, Esq. CISLO & THOMAS LLP 1333 2nd Street, Suite 500 Santa Monica, California 90401 (310) 451-0647 Pro Hac Vice Pending Attorneys for Plaintiff SAMICK MUSIC CORPORATION

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JURY DEMAND Plaintiff SAMICK MUSIC CORPORATION hereby demands a trial by jury as provided by Rule 38(a) of the Federal Rules of Civil Procedure and by the Local Rules of this Court.

Respectfully submitted, WATSON ROUNDS Dated: April 15, 2009 /s/ Matthew D. Francis Michael D. Rounds, Esq. Matthew D. Francis, Esq. 5371 Kietzke Lane Reno, Nevada 89511 (775) 324-4100 Of Counsel: Daniel M. Cislo, Esq. Kelly W. Cunningham, Esq. CISLO & THOMAS LLP 1333 2nd Street, Suite 500 Santa Monica, California 90401 (310) 451-0647 Pro Hac Vice Pending Attorneys for Plaintiff SAMICK MUSIC CORPORATION

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Case 3:09-cv-00197-LRH-VPC

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Case 3:09-cv-00197-LRH-VPC

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Exhibit 2

Exhibit 2

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Exhibit 3

Exhibit 3

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Exhibit 4

Exhibit 4

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Case 3:09-cv-00197-LRH-VPC

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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

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Trademarks > Trademark Electronic Search System (TESS)
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Word Mark Goods and Services Mark Drawing Code Design Search Code

SOHMER (ABANDONED) IC 015. US 002 021 036. G & S: Musical instruments, namely pianos. FIRST USE: 19160303. FIRST USE IN COMMERCE: 19160303 (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS 22.01.01 - Organs (musical); Pianos 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 76535595 July 25, 2003 1A 1A (APPLICANT) SAMICK MUSIC CORPORATION CORPORATION CALIFORNIA 1329 GATEWAY DRIVE GALLATIN TENNESSEE 37066 ASSIGNMENT RECORDED John O'Banion 0137464 TRADEMARK PRINCIPAL

Serial Number Filing Date Current Filing Basis Original Filing Basis Owner Assignment Recorded Attorney of Record Prior Registrations Type of Mark Register

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Trademark Electronic Search System (TESS)

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Case 3:09-cv-00197-LRH-VPC
Live/Dead Indicator Abandonment Date DEAD August 6, 2004

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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

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( Use the "Back" button of the Internet Browser to return to TESS) Typed Drawing
Word Mark Goods and Services Mark Drawing Code Serial Number Filing Date Current Filing Basis Original Filing Basis Published for Opposition SOHMER IC 015. US 002 021 036. G & S: MUSICAL INSTRUMENTS NAMELY, PIANOS (1) TYPED DRAWING 76214968 February 23, 2001 1B 1B June 22, 2004

Supplemental Register October 25, 2002 Date Owner (APPLICANT) SAMICK MUSIC CORPORATION CORPORATION CALIFORNIA 1329 GATEWAY DRIVE GALLATIN TENNESSEE 37066 JOHN P. O'BANION TRADEMARK PRINCIPAL-2(F) LIVE

Assignment Recorded ASSIGNMENT RECORDED Attorney of Record Type of Mark Register Live/Dead Indicator

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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

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Un it e d St a t e s Pa t e n t a n d Tra de m a rk Office
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Trademarks > Trademark Electronic Search System (TESS)
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( Use the "Back" button of the Internet Browser to return to TESS) Typed Drawing
Word Mark Goods and Services Mark Drawing Code Serial Number Filing Date Current Filing Basis Original Filing Basis Owner Assignment Recorded SOHMER & CO. IC 015. US 002 021 036. G & S: Musical instruments, namely pianos. FIRST USE: 18720000. FIRST USE IN COMMERCE: 18720000 (1) TYPED DRAWING 76546304 September 8, 2003 1A 1A (APPLICANT) SAMICK MUSIC CORPORATION CORPORATION CALIFORNIA 1329 GATEWAY DRIVE GALLATIN TENNESSEE 37066 ASSIGNMENT RECORDED

Attorney of Record John O'Banion Prior Registrations 0119130;0137464 Disclaimer Type of Mark Register NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "& CO" APART FROM THE MARK AS SHOWN TRADEMARK PRINCIPAL

Live/Dead Indicator LIVE

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Exhibit 8

Exhibit 8

SMC :: Samick Music Corp.

http://smcmusic.com/

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Samick Music Corp.
Welcom e t o t he online hom e of Sam ick M usic Corp., one of t he world' s largest and m ost experienced m anufact urers of m usical inst rum ent s in t he w orld. From high 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 .

Find a Product
Grand Pianos V ert ical Pianos D igit al Pianos Elect ric Guit ars Acoust ic Guit ars

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

Global Sites
SAM I CK Korea Pram berger Korea SAM I CK I ndonesia

SAMI CK Music Corp.

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

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http://smcmusic.com/

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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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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 1329 Gat eway Drive, Gallat in, TN 37066 | ( 800) 592- 9393

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Sohmer Pianos

http://www.sohmerco.com/

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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

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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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http://www.sohmerco.com/grands.htm

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Sohm er 7 7 F 5 ' 9 "

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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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EXHIBIT 2

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