Flavor Flav Suit

Case 2:17-cv-06408-VAP-PJW Document 1 Filed 08/29/17 Page 1 of 25 Page ID #:1
1 Eric Bjorgum (SBN 198392)

2 KARISH & BJORGUM, PC
119 E. Union St., Suite B
3 Pasadena, CA 91103
4 Telephone: 213.785.8070
Facsimile: 213.995.5010
5 Email:eric.bjorgum@kb-ip.com
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Attorneys for Plaintiff,
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WILLIAM J. DRAYTON, p/k/a Flavor Flav
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10 UNITED STATES DISTRICT COURT
11 CENTRAL DISTRICT OF CALIFORNIA
12 WESTERN DIVISION
13
14 WILLIAM J. DRAYTON. pka Flavor) Case No. 2:17-cv-06408
Flav, an individual, )
15 )
) COMPLAINT FOR:
16 Plaintiff, )
) 1. VIOLATION OF STATUTORY
17 ) RIGHT OF PUBLICITY
vs. ) 2. VIOLAITON OF COMMON
18 )
) LAW RIGHT OF PUBLICITY
19 EASTLINK PRODUCTIONS, INC., a) 3. COPYRIGHT INFRINGEMENT
20 New York Corporation dba BTN)) 4. BREACH OF FIDUCIARY DUTY
EASTLINK; GARY RINALDO, an) 5. BREACH OF CONTRACT
21 individual; CARLTON RIDENHOUR,)
) 6. FALSE DESIGNATION OF
22 an individual; SLAMJAMZ RECORDS) ORIGIN
dba ENEMY RECORDS, a business 7. INFIRNGMENT OF A
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entity of unknown form; REACH REGISTERED TRADEMARK
24 MUSIC PUBLISHING, INC. dba 8 COMMON COUNT OPEN
25 REACH GLOBAL SONGS, a Virginia BOOK
corporation; CLIFTON GREG 9. COMMON COUNT
26 JOHNSON, an individual; XEXCUTIVE QUANTUM MERUIT
27 MUSIC GROUP, LLC, an unknown 10. STATUTORY UNFAIR
business entity; SOUNDDOME COMPEITION
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ENTERTAINMENT, INC., a Georgia 11. COMMON LAW UNFAIR
COMPLAINT
1 corporation,; and JOHN DOES 1-10, COMPETITION

2 12. CONVERSION
13. CONSTRUCTIVE TRUST
3 Defendants. 14. ACCOUNTING
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JURY DEMANDED
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COMPLAINT
1 COMPLAINT FOR DAMAGES

2 AND DEMAND FOR JURY TRIAL
3 Introduction
4 1. Plaintiff, WILLIAM J. DRAYTON, p/k/a Flavor Flav, a Nevada
5 resident, (hereinafter referred to as DRATYON), by and through his undersigned
6 counsel, hereby sues Defendants, EASTLINK PRODUCTIONS, INC. dba BTN
7 EASTLINK, GARY RINALDO, SLAMJAMZ RECORDS, REACH MUSIC
8 PUBLISHING, INC. dba REACH GLOBAL SONGS, CARLTON RIDENHOUR
9 p/k/a CHUCK D, SOUNDDOME ENTERATAINEMENT, INC., CLIFTON
10 GREG JOHNSON, XECUTIVE ENTERTAINMENT, LLC and DOES 1-10,
11 individuals of unknown residence, and states:
12 2. This action involves the usurpation of money and property rights
13 from Plaintiff WILLIAM J. DRAYTON, known as Flavor Flav. DRAYTON is
14 recognized as one of the two key members of groundbreaking Hip Hop group
15 Public Enemy. Public Enemy have been inducted into the Rock n Roll Hall of
16 Fame and have sold tens of millions of records.
17 3. DRAYTON is also widely recognized as a television and media
18 personality.
19 4. Despite DRAYTONs position in Public Enemy, the groups
20 management and related companies have for years attempted to minimize his role
21 in the Public Enemy business, while continuing to rely upon DRAYTONs fame
22 and persona to market the brand.
23 5. Plaintiff has been constrained to file this lawsuit. Plaintiff brings
24 this case only after months of investigation and attempts to obtain underlying
25 accounting figures, contracts and merchandising information. Plaintiff or his
26 representatives have been offered various excuses and dubious accountings, but they
27 have not received any underlying data or hard facts of what has been paid to
28 Defendants.
COMPLAINT
1 Parties
2 6. Plaintiff DRAYTON is an individual residing in Las Vegas,
3 Nevada.
4 7. Defendant EASTLINK dba BTN EASTLINK (collectively
5 EASTLINK) is a New York Corporation with its principal place of business
6 Anaheim, California.
7 8. Upon information and belief, Defendant GARY RINALDO is an
8 individual residing in Anaheim, California. Upon information and belief,
9 RINALDO is an officer, shareholder and handles the day-to-day operations of
10 EASTLINK.
11 9. SLAMJAMZ RECORDS dba ENEMY RECORDS (collectively
12 SLAMJAMZ) is a record label of unknown form that, on information and belief,
13 is located in Anaheim, California.
14 10. Defendant CARLTON RIDENHOUR p/k/a Chuck D
15 (RIDENHOUR) is an individual residing in Ventura County, California.
16 11. Defendant XECUTIVE MUSIC GROUP, LLC (XECUTIVE)
17 is, upon information and belief, a North Carolina limited liability company with its
18 principal place of business in North Carolina.
19 12. Defendant CLIFTON GREG JOHNSON (JOHNSON) is a
20 resident of North Carolina.
21 13. Defendant REACH MUSIC PUBLISHING, INC. dba REACH
22 GLOBAL SONGS (REACH) is, upon information and belief, a Virginia
23 corporation with its principal place of business in Burbank, California.
24 14. Defendant SOUNDDOME ENTERTAINMENT, INC.
25 (SOUNDDOME) is a Georgia corporation with its principal place of business in
26 College Park, Georgia. On information and belief, Defendant RIDENHOUR is the
27 majority shareholder of SOUNDDOME.
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COMPLAINT
1 15. Defendant Does 1 10 are unknown individuals who, on

2 information and belief, reside in the United States.
3
4 JURISDICTION AND VENUE
5 16. Defendants have engaged in the acts described herein with full
6 knowledge that DRAYTON has considerable goodwill in his image as Flavor
7 Flav and the band Public Enemy. This action arises, inter alia, under the
8 Trademark Act of 1946, 15 U.S.C. 1051, et seq., the Copyright Act of 1976, 17
9 U.S.C. 101, et seq, as well as the statutory and common law of the State of
10 California.
11 17. This Court has jurisdiction over the subject matter of this action
12 pursuant to 28 U.S.C. 1331, and 1338(a) (b), and supplemental jurisdiction
13 under 28 U.S.C. 1367(a).
14 18. This Court also has jurisdiction over this action under the
15 principles of diversity jurisdiction and 28 U.S.C. 1367. Plaintiff is a resident of
16 Nevada and Defendants are residents of California, New York, Georgia, North
17 Carolina or Virginia, and the amount in controversy exceeds $75,000.
18 19. Venue is proper in this Court pursuant to 28 U.S.C. 1391(b)-
19 (c). On information and belief, the activities that are the subject of this litigation
20 were completed in the Central District of California; the claims alleged in this
21 action arose in the Central District of California; and the Defendants are
22 corporations, individuals or unknown business entities based in the Central District
23 of California shipping, selling or offering goods or services under the infringing
24 mark in the Central District of California.
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COMPLAINT
1 COMMON ALLEGATIONS
2 20. Plaintiff is a well-known musician, actor, and television
3 personality. As a member of the group Public Enemy, Plaintiff is in the Rock and
4 Roll Hall of Fame. Public Enemys first four albums were certified either gold or
5 platinum.
6 21. Plaintiff has dozens of writing credits for Public Enemy songs.
7 Plaintiffs performances on Public Enemy songs are marked by his distinctive
8 voice and interjections.
9 22. Along with Defendant RIDENHOUR p/k/a Chuck D, Plaintiff
10 is one of two principal members two members of Public Enemy. According to
11 Wikipedia, Public Enemy consists of Chuck D, Flavor Flav, Professor Griff,
12 Khari Wynn, DJ Lord, and the S1W group. The Allmusic Guide lists Public
13 Enemy as the definitive rap group of all time. Of DRAYTON, it says With his
14 comic sunglasses and an oversized clock hanging from his neck, Flavor Flav
15 became the group's visual focal point.
16 23. DRAYTON is also a well-known television personality, having
17 appeared on The Surreal Life and on his own show Flavor of Love, as well as
18 inspiring spinoff shows such as I Love New York and I Love Money.
19 24. The image of DRAYTON as Flavor Flav is famous. Flavor Flav
20 typically wears a hat, large sunglasses and is most known for wearing a distinctive
21 large clock as a necklace. The character of Flavor Flav acts as a court jester to the
22 serious persona of RIDENHOUR.
23 25. Plaintiffs FLAVOR FLAV trademark is registered with the U.S.
24 Patent and Trademark Office as Reg. No. 5023394 in International Class 41 for
25 Entertainment services by a musical artist and producer.
26 Defendants Failure to Compensate DRAYTON For Merchandise
27 26. The image of Flavor Flav has been featured on countless t-shirts,
28 posters and merchandise.
COMPLAINT
1 27. In 2008 or about Defendant RINALDO became involved with the

2 business of Public Enemy. Through his corporation, Defendant EASTLINK,
3 RINALDO began to manage the bands business affairs, including operating its
4 website, printing its t-shirts and engaging in merchandising deals.
5 28. DRAYTON and RIDENHOUR had a long-standing agreement
6 that the profits from the PUBLIC ENEMY name would be shared between them.
7 Those profits, including revenue derived from live concerts, and merchandise sales
8 were to be paid through Defendant EASTLINK.
9 29. EASTLINKs payments to DRAYTON have diminished to almost
10 nothing, and DRAYTON has been refused accountings, even on the items bearing
11 his likeness. On information and belief, this has been on the actions of Defendant
12 RINALDO at the direction of Defendant RIDENHOUR. On information and
13 belief, RINALDO and EASTLINK have entered into merchandising deals for
14 products as disparate as PUBLIC ENEMY branded watches, dolls of DRAYTON
15 and bicycles, all without consent of DRAYTON, all without advance notice or
16 compensation to DRAYTON. DRAYTON asked about these payments but was
17 referred to the bands accountant, Garlan
18 30. In or about March, 2016, EASTLINK and RINALDO entered into
19 an agreement Japanese toy company Presspop, Inc. to create an action figure set of
20 Public Enemy, featuring a toy of Flavor Flav. The toy was designed by well-
21 known pop artist Ed Piskor and sculpted in Japan by master sculptor, Tomohiro
22 Yasui.
23 31. DRAYTON did not consent to the use of his image, the FLAVOR
24 FLAV trademark or his likeness on the Toy. On information and belief, in
25 exchange for appearing to authorize the Toy, RINALDO and EASTLINK received
26 payment and dozens of the collectible toy sets. DRAYTON received no payment
27 of any kind.
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COMPLAINT
1 32. On information and belief, RINALDO and EASTLINK

2 represented to Presspop in Japan that DRAYTON had authorized the use of his
3 likeness, image and trademark in connection with the Toy, even though he had no
4 knowledge of it.
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6 Defendants Failure To Pay DRAYTON Music Royalties
7 33. Despite being identified as a writer on over 50 Public Enemy
8 songs, DRAYTON has not received regular songwriting royalty statements from
9 Defendants REACH. JOHNSON and XECUTIVE for several years.
10 34. The website of performance rights organization BMI identifies
11 Defendant REACH as the publisher for DRAYTONs songs.
12 35. Plaintiffs digital performance rights are administered by Sound
13 Exchange, but Plaintiff has never received any payments for downloads and
14 streaming, even though his voice is the most distinctive element in Public Enemy
15 and appears on dozens of recordings. Payments for Plaintiffs digital performance
16 rights have been made to Defendant SOUNDDOME, which is owned by
17 Defendant RIDENHOUR.
18 36. REACH and SOUNDDOME have failed to provide Plaintiff with
19 periodic accountings for his songwriting credits. Before filing this suit, Plaintiff
20 requested such information from REACH but received only a single summary
21 email with no backup documentation.
22 37. REACH has represented that it has sent payment to Defendant
23 XECUTIVE, which is operated by Defendant CLIFTON, but XECUTIVE has also
24 failed to provide adequate accounting information. On information and belief,
25 XECUTIVE and REACH have conspired to deny Plaintiff payment for his
26 copyrighted contributions to the Works.
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COMPLAINT
1
2 Defendants Breach of Fiduciary Duty
3 38. Between 1992 and 2017, Defendants XECUTIVE and JOHNSON
4 operated as the personal manager for Plaintiff. As personal managers, XECUTIVE
5 and JOHNSON owed Plaintiff duties of loyalty and confidentiality.
6 39. During that time, XECUTIVE and JOHNSON repeatedly violated
7 their duty of loyalty to Plaintiff by, among other things, (i) failing to provide
8 Plaintiff with regular periodic accountings of monies owed; (ii) failing to pay
9 monies owed; and, (iii) on information and belief, working or conspiring with
10 REACH or other Defendants to deprive Plaintiff of money and information.
11 40. During that time, XECUTIVE and JOHNSON also violated their
12 duty of confidentiality by discussing DRAYTONs personal business affairs with
13 REACH or other Defendants.
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15 Infringement of Plaintiffs Copyright and Likeness on Nothing Is
16 Quick In The Desert
17 41. Recently, DRAYTONs voice and image were used on an album
18 that was released without his consent. Specifically, on June 29, 2017, Public
19 Enemy made available for free its new album, entitled Nothing Is Quick In The
20 Desert. The album features DRAYTONs voice throughout.
21 42. DRAYTON never consented to his voice being used in the album
22 Nothing Is Quick In the Desert. During the spring of 2017, DRAYTON was
23 contacted and asked to fly to California to record a new Public Enemy record.
24 DRAYTON was hoping the record would be done in the style of the classic Public
25 Enemy records, where he had major writing contributions.
26 43. DRAYTON was in need of money to support his family, and
27 Defendants were aware of that fact.
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COMPLAINT
1 44. DRAYTON was upset to learn that he would have no input into
2 the creative direction of the record. He requested a fee of $75,000 to record the
3 album. When he arrived at the recording studio, he recorded certain phrases like
4 Nothing is quick in the desert multiple times. He did not believe these were final
5 takes. He was told to take $7,5000 and that any other money would be wired to
6 him. He was asked to sign a general release that was not explained to him, but he
7 refused. He initially refused the $7,500 but was told repeatedly to take it on good
8 faith. He took the money and waited at his hotel the next day for the remainder.
9 When the remainder did not arrive, he returned home to Las Vegas.
10 45. DRAYTON believed that his vocals would not be used, as they
11 were not up to his standards of quality. He never consented that his vocals be used
12 from this recording session. On or about June 29, 2017, DRAYTON was shocked
13 to see that a new Public Enemy album was being released, and this his image
14 was being used in multiple media outlets to promote the album. He had never
15 heard of the album, nor heard any of the final mixes.
16 46. Further, the lyrics on Sells Like Teen Spirit were recorded over
17 20 years ago, and are being used without Plaintiffs permission.
18 47. DRAYTONs photograph is also used on the liner notes to
19 Nothing Is Quick In The Desert, and he is listed as an Executive Producer. He
20 approved of neither of these uses of his name or photograph. This was not the first
21 time DRAYTONs voice had been used without compensation. For instance, he
22 was never listed as a write on Bring The Noise, one of Public Enemys biggest
23 hits, even though his improvised raps are some of the songs most distinctive
24 moments.
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COMPLAINT
1 FIRST CLAIM FOR RELIEF

2 (Violation of Right of Publicity Cal. Civ. Code 3344 against
3 RINALDO, EASTLINK, SLAMJAMZ, and RIDENHOUR)
4 48. Plaintiff re-alleges the facts above in paragraphs 1 47, as though
5 fully set forth herein.
6 49. Defendants RINALDO, EASTLINK, SLAMJAMZ and
7 RIDENHOUR used DRAYTONS likeness to generate income on products and
8 merchandise, liner notes and for the purpose of advertising products, merchandise
9 or services.
10 50. Such use has been without DRAYTONs consent.
11 51. Such use was not in connection with news, public affairs, a sports
12 broadcast or politics.
13 52. The use was directly connected to commercial purposes.
14 53. DRAYTON has been harmed by the use.
15 54. The use was a substantial factor in causing the harm, including
16 general and special damages.
17 55. Defendants engaged in outrageous conduct, carried on with
18 willful and conscious disregard of the rights of Plaintiffs. Plaintiffs are entitled to
19 compensatory and punitive damages. Plaintiffs are entitled to attorney fees and
20 costs.
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22 SECOND CLAIM FOR RELIEF
23 (Violation of the Common Law Right of Publicity and
24 Misappropriation of Likeness against SLAMJAMZ, RIDENHOUR,
25 EASTLINK, and RINALDO)
26 56. Plaintiff re-alleges the facts above in paragraphs 1 47, as though
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COMPLAINT
1 57. Defendants RINALDO, EASTLINK, RIDENHOUR and

2 SLAMJAMZ have used Plaintiffs identity, name and likeness.
3 58. The use of Plaintiffs identity, name and likeness was to
4 Defendants commercial and reputational advantage.
5 59. Plaintiff did not consent to the use of his identity.
6 60. Plaintiff has been injured as a result of the use of his identity.
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Plaintiffs injuries have been both personal and commercial. Plaintiffs injuries are
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in an amount to be determined at trial.
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61. Defendants engaged in outrageous conduct, carried on with
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willful and conscious disregard of the rights of Plaintiffs. Plaintiffs are entitled to
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compensatory and punitive damages. Plaintiffs are entitled to attorney fees and
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costs.
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14 THIRD CLAIM FOR RELIEF
15 (Copyright Infringement (17 U.S.C. 501, et seq.) against
16 RIDENHOUR, SLAMJAMZ, REACH, and EASTLINK)
17 62. Plaintiff realleges and reincorporates paragraphs 1- 47 above, as
18 though set forth fully herein.
19 63. Plaintiff is informed and believes and thereon alleges that
20 Defendants RIDENHOUR, SLAMJAMZ, REACH and EASTLINK, and each of
21 them, had access to sound recordings of his voice that appeared on the album
22 Nothing Is Quick In The Desert.
24 Defendants RIDENHOUR, SLAMJAMZ, REACH, and EASTLINK, and each of
25 them, copied or distributed copies of the sound recordings.
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COMPLAINT

2 RIDENHOUR, SLAMJAMZ, REACH, and EASTLINK, and each of them,
3 infringed Plaintiffs copyright by creating, making and/or developing and/or
4 licensing directly infringing and/or derivative works from Plaintiffs sound
5 recordings.
6 66. Defendants infringement has caused substantial damage to
7 Plaintiff, in an amount to be proven at trial. Plaintiff has suffered general and
8 special damages. Defendants have also obtained profits either directly or indirectly
9 from its infringing activities.
11 Defendants infringing activities have continued after Plaintiff demanded that they
12 cease and desist, so that the infringing activities are willful, intentional and
13 malicious.
14 68. Defendants infringement irreparably harms Plaintiff and leaves
15 him without an adequate remedy at law, so that he is entitled to an injunction to
16 halt any further infringing activity. On information and belief, Defendants, and
17 each of them, have vicariously or contributorily infringed Plaintiffs copyright in
18 the sound recordings.
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20 FOURTH CLAIM FOR RELIEF
21 (Breach of Fiduciary Duty against Defendants XECUTIVE and
22 JOHNSON)
23 69. Plaintiff reincorporates the allegations of Paragraphs 1 - 47 as
24 though fully set forth herein.
25 70. Defendants XECTUTIVE and JOHNSON worked as Plaintiffs
26 managers for over 20 years.
27 71. XECUTIVE and JOHNSON owed a fiduciary duty of undivided
28 loyalty and confidentiality with regard to his musical career and earnings.
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COMPLAINT
1 72. The fiduciary duty owed to Plaintiff carried a duty to act with the
2 utmost of good faith and bests interests of Plaintiff with regard to the financial
3 interests placed in their care.
4 73. XECUTIVE and JOHNSON failed to act as reasonably careful
5 agents would have acted in the same or similar circumstances.
6 74. DRAYTON was harmed.
7 75. XECUTIVE and JOHNSONs conduct was a substantial factor in
8 causing the harm.
9 76. As a proximate result of XECUTIVE and JOHNSONs conduct,
10 Plaintiff has suffered general and special damages on the basis of, inter alia, the
11 loss of use of his income. Plaintiff has been damaged in excess of $75,000.
12 77. Defendants engaged in the aforementioned acts with malice,
13 oppression and fraud such that Plaintiff is entitled to punitive damages to punish
14 Cross-Defendants and discourage similar conduct in the future.
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16 FIFTH CLAIM FOR RELIEF
17 (Breach of Contract Against XECUTIVE, JOHNSON, RIDENHOUR,
18 REACH, EASTLINK and SOUNDDOME)
19 78. Plaintiff reincorporates the allegations of Paragraphs 1 - 47 as though
21 79. DRAYTON entered into numerous contracts. Specifically, he entered
22 into a contract to with XECUTIVE and JOHNSON to provide traditional manager
23 and business management services. Under the terms of the contracts, XECUTIVE
24 and JOHNSON would receive 15% commission for their work, and DRAYTON
25 would receive the remainder.
26 80. DRAYTON also entered into a verbal agreement with RIDENHOUR
27 in which 50% of the net proceeds from use of the PUBLIC ENEMY brand would
28 be paid to DRAYTON.
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COMPLAINT
1 81. DRAYTON also entered into a standard publishing agreement with

2 REACH whereby, after customary deductions for publishing services, REACH
3 would pay DRAYTON as he designates and account to DRAYTON at his request.
4 82. DRAYTON also entered into a verbal agreement with EASTLINK
5 whereby EASTLINK would pay DRAYTON for the use of his image and likeness.
6 83. To the extent SOUNDDOME claims any rights in Plaintiffs sound
7 recordings, such rights arise from an express or implied contract.
8 84. XECUTIVE, JOHNSON, RIDENHOUR, REACH, EASTLINK and
9 SOUNDDOME all violated their agreement by, among other things, failing to
10 provide adequate payments or accountings to DRAYTON and failing to investigate
11 his allegations of breach.
12 85. On information and belief, Plaintiffs sound recording royalty
13 payments from Sound Exchange have been misdirected to Defendant
14 SOUNDDOME.
15 86. DRAYTON substantially performed under the agreements by
16 providing his services.
17 87. All conditions required for Plaintiffs performance had occurred or
18 were excused.
19 88. As a result of Defendants conduct and breach of contract,
20 DRAYTON is entitled to general and special damages, including lost profits, in
21 excess of $75,000 and in amounts to be determined at trial.
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23 SIXTH CLAIM FOR RELIEF
24 (False Designation of Origin -- 15 U.S.C. 1125(a) against
25 RIDENHOUR, SLAMJAMZ, RINALDO and EASTLINK)
26 89. Plaintiff reincorporates the allegations of Paragraphs 1 - 47 as
27 though fully set forth herein.
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COMPLAINT
1 90. Plaintiff has built considerable good will in the FLAVOR FLAV mark
2 and persona.
3 91. Defendants EASTLINK, BTNEASTLINK, SLAMJAMZ,
4 RIDENHOUR and RINALDO have used the FLAVOR FLAV mark and persona
5 to create the false impression that goods such as t-shirts, bicycles, dolls and the
6 Nothing Is Quick In The Desert album originate or are authorized by Plaintiff.
7 92. These Defendants use of the FLAVOR FLAV mark by, without
8 limitation, creating, promoting, offering for sale and selling products using the
9 FLAVOR FLAV mark is likely to cause confusion, mistake and/or deception of
10 others as to the origin, sponsorship, approval, affiliation or association of
11 Defendants goods and services with Plaintiff, in violation of Section 43(a) of the
12 Lanham Act, as codified at 15 U.S.C. 1125(a).
13 93. Defendants use of the marks has caused and will continue to cause
14 damage to Plaintiff in an amount to be proven at trial by, inter alia, confusing
15 consumers and constitutes unfair competition and infringement of Plaintiffs
16 marks in violation of 15 U.S.C. 1125(a).
17 94. Defendants conduct as alleged herein has irreparably damaged and
18 will continue to irreparably damage Plaintiffs market reputation, and goodwill,
19 and may discourage current and potential customers from dealing with Plaintiffs.
20 Such irreparable harm will continue unless Defendants actions are enjoined
21 during the pendency of this action, and thereafter.
22 95. Plaintiff is informed and believes, and on that basis avers, that
23 Defendants acts alleged herein have been undertaken with full knowledge of
24 Plaintiffs rights and with the willful and deliberate intent to cause confusion,
25 mistake and deception among members of the relevant public and to trade on the
26 goodwill associated with Plaintiffs FLAVOR FLAV Mark.
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28 SEVENTH CLAIM FOR RELIEF
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COMPLAINT
1 (Infringement of a Registered Mark, 17 U.S.C. 1114, against

2 RIDENHOUR, SLAMJAMZ, RINALDO and EASTLINK)
3
6 97. Plaintiff is the owner of U.S. Trademark Reg. No. 86560472 for
7 FLAVOR FLAV in International Class 41 for Entertainment services by a
8 musical artist and producer, namely, musical composition for others and
9 production of musical sound recordings; entertainment services in the nature of
10 live musical performances, event host and concert promotions.
11 98. Defendants EASTLINK, SLAMJAMZ, RIDENHOUR and
12 RINALDO have used the FLAVOR FLAV mark in connection with musical
13 production services and musical composition on the Nothing Is Quick In the
14 Desert.
15 99. Defendants use of the trademark FLAVOR FLAV in connection with
16 Nothing Is Quick In the Desert is not authorized.
17 100. Defendants use of the FLAVOR FLAV in connection with musical
18 services is likely to cause confusion, mistake and/or deception in connection with
19 such use, in violation of 15 U.S.C. 1114.
20 101. Defendants use of the marks has caused and will continue to cause
21 damage to Plaintiff in an amount to be proven at trial, pursuant to 15 U.S.C.
22 1117.
23 102. Defendants conduct as alleged herein has irreparably damaged and
24 will continue to irreparably damage Plaintiffs market reputation, and goodwill,
25 and may discourage current and potential customers from dealing with Plaintiffs.
26 Such irreparable harm will continue unless Defendants actions are enjoined
27 during the pendency of this action, and thereafter.
28
17
COMPLAINT
1 103. Plaintiff is informed and believes, and on that basis avers, that
2 Defendants acts alleged herein have been undertaken with full knowledge of
3 Plaintiffs rights and with the willful and deliberate intent to cause confusion,
4 mistake and deception among members of the relevant public and to trade on the
5 goodwill associated with Plaintiffs FLAVOR FLAV Mark.
6
7 EIGHTH CLAIM FOR RELIEF
8 (Common Count/Open Book Account against all Defendants)
10 fully set forth herein
11 105. Defendants owe DRAYTON money on an open book account.
12 106. DRAYTON and Defendants had financial transactions.
13 107. Defendants kept an account of the debits and credits involved in the
14 transactions.
15 108. Defendants owe Plaintiff money on the account in an amount to be
16 determined when the accounts are analyzed.
17
18 NINTH CLAIM FOR RELIEF
19 (Common Count/Quantum Meruit against RIDENHOUR, SLAMJAMZ,
20 REACH and SOUNDDOME)
23 110. Defendants owe Plaintiff money for goods and services rendered.
24 111. Defendants requested that Plaintiff perform concerts and lend his
25 services for music production for the benefit of Defendants.
26 112. Plaintiff performed those services.
27 113. Defendants have not paid Plaintiff for those services.
28 114. Plaintiff is entitled to the reasonable value of those services.
18
COMPLAINT
1 TENTH CLAIM FOR RELIEF

2 (Unfair Competition, Cal. Bus. & Prof. Code 17200 against All
3 Defendants)
4
5 115. Plaintiff repeats, realleges and incorporates by reference in this
6 paragraph the allegations contained in paragraphs 1 - 47 of this Complaint as if
8 116. Defendants actions as described herein constitute unlawful,
9 unfair or fraudulent business practices as those terms are defined in Cal. Bus. &
10 Prof. Code 17200.
11 117. Plaintiff is entitled to restitution or disgorgement of all profits
12 gained by Defendants as a result of their unfair competition. They are further
13 entitled to an injunction against further unfair business practices.
14 118. Such acts have caused and will continue to cause irreparable and
15 immediate injury to Plaintiff for which Plaintiff has no adequate remedy at law.
16 Unless Defendants are restrained by this Court from continuing the acts alleged
17 herein, these injuries will continue to occur.
18
19 ELEVENTH CLAIM FOR RELIEF
20 (Common Law Unfair Competition against All Defendants Except
21 XECUTIVE and JOHNSON)
22
23 119. Plaintiff repeats, realleges and incorporates by reference in this
24 paragraph the allegations contained in paragraphs 1 47 of this Complaint as if
26
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19
COMPLAINT
1 120. The above-described acts of Defendants (except XECUTIVE and

2 JOHNSON) constitute common law unfair competition in that Defendants are
3 passing off their goods and services as those of the Plaintiff. Such acts have
4 caused and will continue to cause irreparable and immediate injury to Plaintiff for
5 which Plaintiff has no adequate remedy at law. Unless Defendants are restrained
6 by this Court from continuing the acts alleged herein, these injuries will continue
7 to occur.
8 121. Plaintiff is informed and believe and based thereon alleges that the
9 foregoing acts of the Defendants are willful and malicious in that they have been
10 undertaken with a conscious disregard of the Plaintiffs rights and with a desire to
11 injure the Plaintiffs business and to improve their own.
12
13 TWELFTH CLAIM FOR RELIEF
14 (Conversion against all Defendants)
15 122. Plaintiffs repeat and reallege each and every allegation set forth in
16 paragraphs 1 - 47 as if fully set forth herein.
17 123. Plaintiff is informed and believes and thereon alleges that from
18 Defendants have taken control and ownership of plaintiffs' royalty income,
19 mechanical royalties, digital performance royalties and merchandising income for
20 their own benefit and use without authority as alleged herein.
21 124. Plaintiff is further informed and believes that the aforementioned
22 Defendants have willfully converted said property and rights of plaintiff to their
23 own use are further informed and believe and thereon allege that these Defendants
24 have either falsely claimed ownership of various sound recordings authored by
25 Plaintiff and have wrongfully retained royalties thereto.
26 125. As a direct and proximate result of the defendants' conversion of
27 plaintiffs' interest plaintiff has been damaged in an amount not yet
28 Certain.
20
COMPLAINT
1 126. The actions of defendants were malicious, fraudulent and

2 oppressive and undertaken in conscious disregard of plaintiffs' property rights.
3 Plaintiffs are therefore entitled to an award of punitive and exemplary damages in
4 an amount sufficient to punish defendants and set an example to others.
5
6 THIRTEENTH CLAIM FOR RELIEF
7 (Constructive Trust against All Defendants)
8
9 127. Plaintiff repeats and realleges each and every allegation set forth
10 in paragraphs 1 - 47 as if fully set forth herein.
11 128. Plaintiffs is informed and believe that Defendants are in custody
12 and control of, and have received funds and assets, such as royalty and other
13 payments generated by the sale and use of the sound recordings, compositions,
14 Plaintiffs likeness and image, all as referred to herein. All such assets. royalties
15 and payments should be paid
16 to Plaintiff.
17 129. Plaintiff is informed and believe that these funds and payments
18 should be paid to Plaintiff.
19 130. Plaintiff is informed and believes that these funds and assets were
20 knowingly and wrongfully taken by Defendants with full knowledge of Plaintiffs
21 rights and claims.
22 131. Defendants are, therefore, constructive trustees of all of the
23 monies wrongfully earned and diverted to themselves as alleged
24 FOURTEENTH CLAIM FOR RELIEF
25 (Accounting against all Defendants)
26 132. Plaintiff repeats and realleges each and every allegation set forth
27 in paragraphs 1 - 47 as if fully set forth herein.
28
21
COMPLAINT
1 133. Defendants acted as either Plaintiffs agent(s), his brand co-

2 owners, his publishing company or the administrators of his royalties.
3 134. The accounts set forth herein are so complicated that a
4 professional accounting or audit is required to determine the amounts owed by
5 Defendants.
6 135. Plaintiff requests that the Court order an accounting of all amounts
7 owed to Plaintiff by Defendants.
8
9 PRAYER FOR RELIEF
10 WHEREFORE, Plaintiff prays for judgment in his favor and against
11 Defendants as follows:
12 1. For preliminary and permanent injunctive relief prohibiting their
13 trademark infringement, unfair competition, wrongful use of Plaintiffs name,
14 likeness or identify and from creating a false association with Plaintiff;
15 2. For an order requiring Defendants to supplement or amplify copyright
16 registrations and ownership records regarding Plaintiffs contributions to Public
17 Enemy songs;
18 3. That Plaintiff be awarded all profits of Defendants, and each of them,
19 plus all losses of Plaintiff, the exact sum to be proven at the time of trial, or, if
20 elected before final judgment, statutory damages, as available under the Lanham
21 Act;
22 4. That Plaintiff be awarded its attorneys fees as available under the
23 Lanham Act;
24 5. That Defendants, and each of them, account to Plaintiff for their
25 profits and any damages sustained by Plaintiff arising from the foregoing acts of
26 infringement;
27 6. That disgorgement, restitution or injunctive relief be ordered, as
28 appropriate, pursuant to Cal.Bus.&Prof.Code 17200;
22
COMPLAINT
1 7. That Plaintiff be awarded all available compensatory damages for

2 violation of the Lanham Act, violation of the common law of California, and
3 violation of Cal.Bus.&Prof.Code 17200
4 8. That Plaintiff be awarded punitive or exemplary damages;
5 9. That the Court impose a constructive trust on Plaintiffs proceeds held
6 by Defendants;
7 10. The Court award Plaintiffs their costs, interest and attorneys fees; and
8 11. The Court award Plaintiffs such other and further relief as the Court
9 deems just and proper.
10 That the Court order Defendants and their agents to pay monetary damage to
11 Plaintiff in an amount sufficient to compensate him for all damages resulting from
12 the unauthorized copying, distribution and sale of his work, including, but not
13 limited to, his lost sales and disgorgement of Defendants profits;
14 b. That Defendants and their agents and servants all be enjoined from
15 selling, distributing, or manufacturing items which infringe Plaintiffs copyrights
16
on his work and from any unauthorized copying of any of Plaintiffs copyrighted
17
work;
18
d. That the Court find Defendants violation of Plaintiffs rights to be
19
willful so that Plaintiffs award is enhanced;
20
e. That Plaintiff be awarded prejudgment interest as allowed by law;
21
22
23
24
25
26
27
28
23
COMPLAINT
1 f. That Plaintiff be awarded fees and costs of this action; and

2 g. That Plaintiff be awarded such further legal and equitable
3 relief as the Court deems proper.
4
5 DATED: August 29, 2017 KARISH & BJORGUM, PC
6
7
8
9
By:
10 A. Eric Bjorgum
11 Attorneys for Plaintiff
WILLIAM J. DRAYTON
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
24
COMPLAINT
1
2 REQUEST FOR JURY TRIAL
3 Pursuant to Fed.R.Civ.P. 38(b), Plaintiff hereby requests a trial by jury of
4 all issues raised by its counterclaims which are properly triable to a jury.
5
6 Dated: August 29, 2017 Respectfully submitted,
7
8
9
By:
10 A. Eric Bjorgum
11 KARISH & BJORGUM PC
Attorneys for Plaintiff WILLIAM J.
12
DRAYTON
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
25
COMPLAINT

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Case 2:17-cv-06408-VAP-PJW Document 1 Filed 08/29/17 Page 1 of 25 Page ID #:1

1 Eric Bjorgum (SBN 198392)

1 corporation,; and JOHN DOES 1-10, COMPETITION

1 COMPLAINT FOR DAMAGES

1 15. Defendant Does 1 10 are unknown individuals who, on

1 27. In 2008 or about Defendant RINALDO became involved with the

1 32. On information and belief, RINALDO and EASTLINK

1 FIRST CLAIM FOR RELIEF

1 57. Defendants RINALDO, EASTLINK, RIDENHOUR and

15 (Copyright Infringement (17 U.S.C. 501, et seq.) against

16 RIDENHOUR, SLAMJAMZ, REACH, and EASTLINK)

17 62. Plaintiff realleges and reincorporates paragraphs 1- 47 above, as

18 though set forth fully herein.

19 63. Plaintiff is informed and believes and thereon alleges that

20 Defendants RIDENHOUR, SLAMJAMZ, REACH and EASTLINK, and each of

22 Nothing Is Quick In The Desert.

23 64. Plaintiff is informed and believes and thereon alleges that

24 Defendants RIDENHOUR, SLAMJAMZ, REACH, and EASTLINK, and each of

25 them, copied or distributed copies of the sound recordings.

1 65. Plaintiff is informed and believes and thereon alleges that

1 81. DRAYTON also entered into a standard publishing agreement with

1 (Infringement of a Registered Mark, 17 U.S.C. 1114, against

1 TENTH CLAIM FOR RELIEF

1 120. The above-described acts of Defendants (except XECUTIVE and

1 126. The actions of defendants were malicious, fraudulent and

1 133. Defendants acted as either Plaintiffs agent(s), his brand co-

1 7. That Plaintiff be awarded all available compensatory damages for

1 f. That Plaintiff be awarded fees and costs of this action; and

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