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Case 5:15-cv-01024-XR Document 20 Filed 02/11/16 Page 1 of 55

IN THE UNITED STATES DISTRICT COURT


FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
RONNIE JAMES WILSON,
d/b/a THE GAP BAND

Plaintiff,

v.

CHARLES KENT WILSON, a/k/a

CHARLIE WILSON,

MICHAEL PARAN,

P MUSIC GROUP, INC., a California


Corporation;

INTERNATIONAL CREATIVE

MANAGEMENT PARTNERS, LLC,


a Delaware limited liability company;
and DOES 1 through 5, inclusive,

Defendants.

CIVIL ACTION NO. 5:15-cv-01024-XR

PLAINTIFFS SECOND AMENDED COMPLAINT


TO THE HONORABLE COURT:
Plaintiff Ronnie James Wilson d/b/a The Gap Band (Ronnie Wilson or Plaintiffor
The Gap Band) files this Second Amended Complaint against Defendants Charles Kent
Wilson a/k/a Charlie Wilson, Michael Paran, P Music Group, Inc., and International Creative
Management Partners, LLC (Collectively Defendants) as follows:
I. INTRODUCTION
Plaintiff is bringing this action to enforce his common law rights in the trademark
THE GAP BAND, and to seek injunctive relief and damages resulting from the unlawful use

Plaintiffs Second Amended Complaint

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of that mark by Defendants, and to recover money damages, as well as all other appropriate
relief, as a result of the Defendants unlawful tortious interference with existing contracts,
common law trademark infringement; violations of the Texas Free Enterprise and Antitrust
Act of 1983 (Texas Business and Commerce Code 15.05); and violation of the
Anticybersquatting Consumer Protection Act.

Plaintiff Ronnie Wilson is the founder of

THE GAP BAND, the owner of THE GAP BAND trademark, and has approximately 47
years of continuous use of THE GAP BAND trademark in connection with live musical
performances and receipt of digital performance royalties. Ronnie Wilson is a world class
and universally recognized musician, songwriter, singer, and producer. Beginning in 1972,
Defendant Charlie Wilson, Ronnie Wilsons younger brother, joined Plaintiff Ronnie
Wilsons band, THE GAP BAND. Also in 1972, Robert Wilson, Plaintiffs youngest
brother, joined THE GAP BAND.
In 2009, Charlie Wilson publically left THE GAP BAND to pursue a solo career. To
this day, Charlie Wilson is still performing solely as a solo artist. Charlie Wilson has
repeatedly admitted in the media that THE GAP BAND was his brother Ronnie Wilsons
band.
Defendants intentionally and unlawfully (tortious interference) stopped Ronnie Wilson
d/b/a The Gap Band from performing at music performance dates that were under contract
and were on sale to the public, stopping The Gap Band from earning payments per the

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contracts and stopping him from earning a living from the band he founded and the Mark he
owns.
On June 19, 2015, Ronnie Wilson submitted an application for registration of his
common law Trademark in the name Ronnie J Wilson d/b/a The Gap Band Sole
Proprietorship. On July 6, 2015, Ronnie Wilson submitted an application for registration of
his common law Trademark in the name Ronnie Wilson J d/b/a The Gap Band sole
proprietorship. Both applications have listed Ronnie Wilsons address in San Antonio, Texas
78258.
In the summer months of 2015, Ronnie Wilson, as owner and leader of THE GAP
BAND, organized and put together many of the original members of THE GAP BAND for
a national tour of The Gap Band. In late July or early August of 2015, in San Antonio,
Texas, Ronnie Wilson conducted additional Gap Band business operations by meeting with
promoter Pastor Gregg Patrick, and band member Oliver Scott to further discuss in detail a
concert date in Houston, Texas.
Ronnie Wilson also met in San Antonio, Texas in October, 2015, with booking
managers for The Gap Band tour, negotiated an agreement with the booking managers and
also met with others in San Antonio in order to hire, facilitate and help organize The Gap
Band national tour. Agents began booking concert tour dates for The Gap Band. Later via
email Ronnie Wilson received then executed a booking manager agreement for The Gap
Band in San Antonio, Texas.

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Contrary to law, all Defendants have caused buyers of Plaintiffs concerts to cancel
The Gap Band dates, have conspired to restrain trade or commerce, have caused buyers who
would have contracted with The Gap Band to not contract with Plaintiff, are continuing to
cause buyers of Plaintiffs show to cancel The Gap Band dates, and have infringed upon
Plaintiffs trademark THE GAP BAND. Defendants Charlie Wilson, Michael Paran and P
Music Group have violated the anticybersquatting Consumer Protection Act. Plaintiff has
been greatly injured by Defendants acts.
II. PARTIES
1.

Plaintiff Ronnie Wilson is a resident of this judicial district, the Western District of
Texas and lives in San Antonio, Texas. Ronnie Wilson is the owner of the trademark
at issue in this suit.

2.

Plaintiff Ronnie Wilson d/b/a The Gap Band has his principal place of business and
conducts business operations as Ronnie Wilson d/b/a The Gap Band in San Antonio,
Texas.

3.

Defendant Charles Kent Wilson a/k/a Charlie Wilson (Charlie Wilson) an


individual and a citizen of the State of California, may be served with process at
35931 Via Famero Drive, Acton, California 93510.

4.

Defendant Michael Paran (Paran), an individual and a citizen of the State of


California, may be served with process at 11511 Vimy Road, Granada Hills, CA

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91344-2138. Paran is Defendant Charlie Wilsons manager and CEO of P Music


Group, Inc.
5.

Defendant P Music Group, Inc. (P Music Group) is a corporation that is


incorporated under the laws of the State of California. P Music Group has its
principal place of business in the State of California. P Music Group may be served
with process by serving its registered agent, Robert Abrams, 29474 Sequoia Road,
Canyon Country, California 91387. P Music Group is manager of Defendant Charlie
Wilson.

6.

Defendant International Creative Management Partners, LLC (ICM), is and at all


material times was, a limited liability company existing under the laws of the State of
Delaware. Defendant ICM was served with process by and through its registered
agent in the State of Delaware. Defendant ICM is registered to do business in
California and New York.

7.

Mark Siegel is employed by ICM as department head and agent, and since 2007 has
been the agent for Defendant Charlie Wilson and is responsible for overseeing ICMs
agency representation for Defendant Charlie Wilson. Mark Siegels offices are
located in ICMs New York City, NY office and he has conducted his representation
of Defendant Charlie Wilson out of his office in New York City.

8.

Plaintiff has no knowledge of the true names and capacities of Defendants sued
herein as Does 1 through 5, inclusive, and therefore sues these Defendants by such

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fictitious names. Plaintiff will amend this complaint to allege their true names and
capacities when ascertained. Plaintiff is informed and believes and thereon alleges
that each of the fictitiously named Defendants is responsible in some manner for the
occurrences alleged in this complaint, and that Plaintiffs damages as alleged were
proximately and legally caused by the Defendants conduct. At all times material
herein, each Defendant was the agent, servant and employee of each of the remaining
Defendants, and acting within the purpose, scope and course of said Agency, service
and employment, with the express and/or implied knowledge permission and consent
of the remaining Defendants, and each of them and each of said Defendants ratified
and approved the acts of Defendants.
III. JURISDICTION AND VENUE
9.

This Court has jurisdiction over the subject matter of all of Plaintiffs claims because
there is complete diversity of parties and more than $75,000 in controversy. 28
U.S.C. 1332(a)(1).

10.

The Court has federal question jurisdiction over the subject matter of Plaintiffs
claims that arise under federal law pursuant 28 U.S.C. 1331 and under Section 43(a)
of the Lanham Act, 15 U.S.C. 1125(a) and (d), and Section 39 of the Lanham Act,
15 U.S.C. 1121.

11.

The Court has supplemental jurisdiction over the subject matter of Plaintiffs claims

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arising under Texas law, because Plaintiffs state law claims are so related to
Plaintiffs federal law claims that Defendants actions recited herein form part of the
same case or controversy under Article III of the United States Constitution. 28
U.S.C. 1367(a).
12.

Venue is proper in this District because it is a judicial district in which a substantial


part of the events or omissions giving rise to Plaintiffs claims occurred or a
substantial part of the property that is the subject of the action is situated. 28 U.S.C.
1391(b)(2). Defendant entitities shall be deemed to reside in this District because
the Defendants are subject to the courts personal jurisdiction with respect to the civil
action in question. 28 U.S.C. 1391(c)(2).

13.

Plaintiff d/b/a The Gap Band maintains its principal place of business in this district.
28 U.S.C. 1391(c)(2).

14.

Ronnie Wilson resides in the Western District of Texas.

15.

Plaintiff incorporates all facts as they relate to jurisdiction as if repeated herein


verbatim.
IV. FACTS

Ronnie Wilsons Common Law Trademark


And Application of Trademark with the USPTO
16.

In 1968, Ronnie Wilson founded THE GAP BAND, has been the owner of the
trademark THE GAP BAND since its origination, and has owned the mark
continuously.

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17.

Ronnie Wilson used THE GAP BAND trademark in commerce before any and all
parties and since 1968, he has continuously used THE GAP BAND trademark in
commerce.

18.

Ronnie Wilson is the first person to have sought U.S. Federal trademark protection
at the United States Patent and Trademark Office for the mark THE GAP BAND and
GAP BAND.

19.

On June 19, 2015, Ronnie J. Wilson, d/b/a THE GAP BAND sole proprietorship filed
Trademark Application for THE GAP BAND with the United States Patent and
Trademark Office (USPTO), Serial No. 86668160. The registration was for goods
and services, including audio and video recordings, featuring music and artistic
performances; compact discs featuring music. (Dkt. #17-2).

20.

On July 6, 2015, Ronnie J. Wilson, d/b/a THE GAP BAND sole proprietorship filed
a Trademark Application for Gap Band goods and services: clothing, namely, hats,
t-shirts and sweatshirts. (Dkt. # 17-3).

21.

The trademark application for The Gap Band and Gap Band were made in the name
Ronnie Wilson d/b/a The Gap Band. Both applications to the USPTO showed owner
applicant address of 2727 Treble Creek, Apt. #122, San Antonio, Texas 78258.

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THE GAP BANDs Formation and History


22.

In 1968, Ronnie Wilson formed a band which was named the Greenstreet, Archer and
Pine Street Band. The band members consisted of Ronnie Wilson, Chris Clayton,
Roscoe Smith, Ray D. Rowe, Odell Stokes and Tommy Lokey.

23.

The Greenstreet, Archer and Pine Street Band performed frequently in the Tulsa,
Oklahoma area and became popular. As advertising the bands name on posters was
too lengthy, in late 1968, founder Ronnie Wilson shortened the name to the G.A.P
Band. Due to a typographical error on a poster which omitted the periods on the
name, the band became known in 1968 as THE GAP BAND.

24.

In 1972, Ronnie Wilson asked his brother, Charlie Wilson, to join THE GAP BAND.
That the band was Ronnie Wilsons band and was joined by Charlie Wilson is
acknowledged by Charlie Wilson in multiple interviews, including a 2011 interview
on soulinterviews.com where he stated: I ended up in my brothers band...THE GAP
BAND in the early 70's and in the television show, The View, in July, 2015 interview
wherein Charlie Wilson stated: First my brother, he started THE GAP BAND.

25.

In late 1972, Ronnie Wilsons youngest brother, Robert, joined THE GAP BAND.

26.

After Robert Wilson joined THE GAP BAND, the three Wilson brothers (Ronnie and
Charlie played multiple instruments and sang vocals and Robert played bass guitar
and sang vocals) were the featured members of the band. There were also other

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instrumentalists/musicians, including guitar, bass, organ player, trumpet, saxophone,


trumpet, keyboard and percussionist.
27.

In the late 1970s and 1980s, THE GAP BAND achieved huge commercial success,
producing numerous hit songs and touring to audiences throughout the country,
including dates with The Rolling Stones, Willie Nelson and many world renowned
entertainers.

28.

Ronnie Wilson wrote or cowrote over 100 songs, many of which were hit songs for
The Gap Band. These songs are registered for copyright with the United States
Copyright Office. (Dkt. #17-41).

THE GAP BANDs Distinctive Sound


29.

THE GAP BAND is known as a band with a distinctive funk sound, which was
consistent from album to album. Once all three brothers were in the band, in addition
to forming the band, Ronnie Wilson was one of the three front men and featured
musicians. One of Ronnie Wilsons function and role with his band to create the
perfect blend of musicians, instruments and music, which also included creating
distinctive guitar chords in which Ronnie Wilson was known. Ronnie Wilson is the
one, since the bands inception, who hired and trained the musicians and he made the
decisions on which type instrument to use to obtain the bands distinctive sound. The
brothers would collaborate on songs.

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30.

The fact that THE GAP BAND is known as a band with a distinctive synth-heavy
funk group with a big mod funk sound is acknowledged by Defendant Charlie
Wilson in his autobiography I Am Charlie Wilson, published 2015 by Simon &
Schuster, Inc., Copyright 2015 by Pacific Coast Pirate Company, I Am Charlie
Wilson, at pg. 138. (Dkt. #17-4).

31.

Ronnie Wilson is a credited song writer, with approximately 100 credited songs, many
of which were performed and recorded by THE GAP BAND.

32.

As early as 1991, in an Artist Amendment Agreement to an Artist Agreement with


Bon Ami Records, Inc. (Dkt. #17-5), Charlie Wilson notified Bon Ami Records that
he did not have the right to use the name The Gap Band. At this time, Plaintiff has
in his possession an unsigned copy of The Artist Amendment. (Dkt # 17-5).

33.

Some time in 1999, Michael Paran became the manager of THE GAP BAND.

34.

In 2006, Ronnie Wilson suffered from a bleeding stroke, a severe life threatening
medical condition. Ronnie Wilsons recovery included physical therapy for two years.
In 2006 Ronnie Wilson had moved to San Antonio, Texas.

35.

THE GAP BAND performed in Tulsa, Oklahoma at the Osage Casino on May 7,
2007. Ronnie Wilson performed in the Tulsa show but because of health issues he
decided to stop performing with his band at that time to be resumed later.

36.

Charlie Wilson and Robert Wilson continued to perform in THE GAP BAND up until
some time in March 2009.

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37.

During the time from May, 2007 to March, 2009, Ronnie Wilson was not actively
touring with the band. Robert Wilson, who was touring along with Charlie Wilson
in THE GAP BAND, would frequently report by telephone to Ronnie Wilson how the
band was performing and doing and also report on various other promotions, events
and issues. Based on those reports and conversations with his brother Robert Wilson,
Ronnie Wilson would make various decisions related to THE GAP BAND trademark
and band.

38.

During one telephone conversation between Robert Wilson and Ronnie Wilson,
Robert told Ronnie that he looked out the hotel room and saw the billboard for the
event center where they were going to play their concert change. Robert told Ronnie
the lettering on the billboard advertising the upcoming performance of THE GAP
BAND was changed and replaced with the words Charlie Wilson as the performer.
When Ronnie Wilson learned of this, he was very upset because he had not authorized
Charlie Wilson or anyone else to remove THE GAP BAND name nor bill the show
as a Charlie Wilson show.

39.

Ronnie Wilson also recently learned that in 2008 other shows were billed without his
authorization as Charlie Wilson & THE GAP BAND contrary to Ronnie Wilsons
express directives.

40.

At all times and including the time that Ronnie Wilson was not touring with the band,
Ronnie Wilson was protective of the name of the band and was adamant the band

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would only be known as THE GAP BAND and never known as Charlie Wilson
of/and THE GAP BAND.
41.

Ronnie Wilson never agreed to allow Charlie Wilson to ever perform with THE GAP
BAND as Charlie Wilson and THE GAP BAND. Charlie Wilson acknowledged
in his autobiography I Am Charlie Wilson that his brothers never agreed to allow
Charlie Wilson to use the name Charlie Wilson and THE GAP BAND and that My
brothers were really clear: Were not doing featuring Charlie Wilson nothin, they
said. Id. at pg. 168; (Dkt #17-8).

Charlie Wilson Left THE GAP BAND to Pursue Solo Career in 2009
42.

In 2009, Charlie Wilson made a very public decision to leave THE GAP BAND to
pursue his solo career. This is acknowledged by Charlie Wilson in many radio and
television interviews and also is acknowledged in Charlie Wilsons autobiography,
I Am Charlie Wilson, where he states, That was when I made one of the toughest
decisions of my career: I left The Gap Band to pursue a full-on solo career. Id. at pg.
168; (Dkt #17-8). At this time, then Michael Paran no longer managed THE GAP
BAND and instead, has been the manager of Charlie Wilson as a solo artist since
Charlie Wilson left THE GAP BAND in 2009.

43.

Since Charlie Wilson left THE GAP BAND to pursue a solo career, Charlie Wilson
has repeatedly publically pronounced the fact he left THE GAP BAND and is a solo
artist known as Charlie Wilson.

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Ronnie Wilsons Use in Commerce of his Common Law Trademark


of THE GAP BAND After 2009
44.

In June, 2010, Ronnie Wilson registered for and shortly after began receiving digital
performance royalties from SoundExchange.com in the name of THE GAP BAND
and continues to receive the royalties. The royalties are paid quarterly and have been
received by Ronnie Wilson in the name of The Gap Band since October, 2010. (Dkt
#17-9, recent October 15, 2015 artist earnings.

45.

On August 15, 2010, Robert Wilson passed away. After Robert Wilson died, though
Charlie Wilson had left THE GAP BAND, he unilaterally and without authorization
from Ronnie Wilson falsely announced that THE GAP BAND had retired in 2010.

46.

Ronnie Wilson did not retire THE GAP BAND nor did Ronnie Wilson know or agree
to have this false pronouncement made.

47.

Ronnie Wilson and former band member Oliver Scott began, in 2010, discussing
putting together a Gap Band tour or playing a few dates. At the time, Ronnie Wilson
did not feel he was yet physically up to touring.

48.

In

mid-October,

2012,

Ronnie Wilson discovered

the

domain

names

thegapband.com and gapband.com were registered to someone else and were not
available. Ronnie Wilson did not know at that time in whose name the domain names
thegapband.com and gapband.com were registered.

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49.

On October 25, 2012, Ronnie Wilson obtained the domain name gapbandmusic.com.
The gapandmusic.com domain name is still currently registered to Ronnie Wilson.
(Dkt #17-10).

50.

THE GAP BAND songs are currently played throughout the internet on such internet
radio sites as Pandora, Spotify, and many others.

51.

THE GAP BAND albums have been marketed online and sold in stores for decades.

52.

Promoter, talent buyer, and consumer interest in THE GAP BAND is ongoing.

Plaintiff Ronnie Wilson organizes a Gap Band show in Houston, Texas


in the summer of 2015
53.

In late July or early August of 2015, Pastor Gregg Patrick (Pastor Patrick), a
Houston, Texas, based promoter, traveled to San Antonio, Texas to meet with Ronnie
Wilson to discuss in detail The Gap Band concert in Houston, Texas. Over the course
of two days, Pastor Patrick met with Plaintiff Ronnie Wilson, with fellow band
member Oliver Scott being present, and also talked to other band members, to
organize the logistics for the Houston concert. A couple of weeks later, Pastor Patrick
had a teleconference with Ronnie Wilson and other band members about The Gap
band concert in Houston. The Gap Band concert was then scheduled for February 14,
2016.

54.

In 2015, as is set forth in detail herein, Ronnie Wilson d/b/a The Gap Band organized
and negotiated from his residence/home office in Texas concert dates at several
venues, including the Houston, Texas show.

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55.

In October, 2015, Ronnie Wilson hired booking managers Terry Harvey (Harvey)
and Terry Nichols (Nichols) of Starrlite Concerts, LLC for booking management
of THE GAP BAND tour.

56.

Booking managers hoping to be helpful, filed without authority and completely


unknown to Ronnie Wilson, an LLC for the Gap Band in Oklahoma. The booking
managers then sent paperwork to Ronnie Wilson to sign for the LLC but Ronnie
Wilson never signed the LLC paperwork because Plaintiff did not want an LLC in
Oklahoma. The LLC was never utilized and the LLC name on any of the contracts
for concerts was in error. Plaintiff Ronnie Wilson d/b/a The Gap Band has its
principal place of business in San Antonio, Texas.

57.

A bank account styled in the name of Ronnie Wilson d/b/a The Gap Band was opened
by Plaintiff at Texas Capitol Bank in San Antonio, Texas on January 19, 2016.

58.

Carlos Keyes (Keyes), of Red Entertainment Agency, was hired as booking agent
for THE GAP BAND. Carlos Keyes had previously booked dates for THE GAP
BAND in 2005 and 2006.

59.

Keyes immediately began to contract (book) show/concert dates for THE GAP
BAND.

60.

Keyes first booking for THE GAP BAND was on October 8, 2015. The concert was
contracted to occur at the B.B. King Blues Club & Grill (B.B. King Club) in New

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York City on January 29, 2015. This contract guaranteed the band $10,000 plus 70%
GBOR over $20,000. (Dkt #17-11).1
61.

On October 9, 2015, Keyes contracted for another show for THE GAP BAND at The
Howard Theater in Washington, D.C., on January 28, 2016. This contract guaranteed
the band $10,000 verse 60% GBOR. (Dkt #17-12) (see also footnote 1).

62.

Peter Abraham (Abraham) was the talent buyer for both the B.B. King Blues Club
& Grill and The Howard Theater.

63.

Shortly after, each concert was placed on the Ticketmaster web site as well as The
Howard Theater and B.B. King Clubs web sites. Both shows were advertised as
The Gap Band in concert.

64.

Keyes continued to contact talent buyers and promoters in the industry to book
additional dates for THE GAP BAND.

65.

On October 20, 2015, Harvey/Nichols/Starrlite Concerts contacted Celebrity Access


and Pollstar requesting that each company list Harvey/Nichols/Starrlite Concerts as
the Gap Band Manager and Red Entertainment Inc. as agent on their respective web
sites for THE GAP BAND.

66.

Pollstar and Celebrity Access are the two leading entertainment industry web sites for
talent buyers, promoters, venues, agents and managers in the entertainment industry.

Partys bank account information is redacted.

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67.

Defendants Paran and P Music Group, upon learning that Harvey/Nichols Starrlite
Concerts contacted Pollstar and Celebrity Access to notify them of their respective
representations. Michael Paran told Aimee Lee of Celebrity Access by email dated
October 20, 2015, to revert Gap Band back to P Music Group, Inc. and ICM as
Management and Agent as it stood for the original Gap Band. Mark Siegel and
Elizabeth Pantone at ICM were both Ccd on this email chain between Celebrity
Access and Michael Paran, P Music Group and others. The email chain demonstrates
that ICM, Michael Paran, Charlie Wilson and P Music Group collaborated in making
decisions about what content to post/change on the Celebrity Access web site and
were responsible for the content.

68.

On information and belief, Pollstar was also contacted by Paran and P Music Group
and were instructed not to list Harvey/Nichols/Starrlite Concerts as the Gap Band
Manager and Red Entertainment Inc. as agent on their respective web sites for THE
GAP BAND.

69.

The October 20, 2015 email by Paran/P Music Group caused Celebrity Access to
remove Terry Harvey as manager of THE GAP BAND and Red Entertainment
Agency (Carlos Keyes) as Agent of THE GAP BAND. ICM, Michael Paran, and P
Music Group were Ccd on this email.

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Defendants Charlie Wilson, Michael Paran, P Music Group, and ICM tortious
interference with Ronnie Wilson and THE GAP BANDs contracts
70.

The B.B. King Blues & Club and The Howard Theater shows discussed above were
cancelled by the wrongful actions of the Defendants. An additional five GAP BAND
concert contracts have been cancelled by buyers for a total of seven cancellations to
date due solely to the conduct of the Defendants as set forth below.

71.

On October 20, 2015, Peter Abraham was contacted by Paran and Mark Siegel of
ICM regarding THE GAP BAND shows Abraham had contracted for in The Howard
Theater and the B.B. King Club. Shortly after, on that same date, the web sites for
The Howard Theater and the B.B. King Club and Ticketmaster web site were changed
to advertise The Gap Band Featuring Ronnie Wilson. In fact, these concerts were
later canceled by the buyers as a result of Defendants conduct.

72.

On October 21, 2015, Harvey and Keyes received another email from Paran. Within
the email, Paran made threatening statements to Harvey and Keyes that Ronnie
Wilson was fraudulently representing that he owned the trademark and utilizing THE
GAP BAND name to sell Ronnies show. The emails were Ccd to ICMs Mark
Siegel and Elizabeth Pantone.

73.

On October 22, 2015, Harvey emailed Paran and informed him, with copies to Siegel
and Pantone with Defendant ICM, that Parans claims were unfounded and that THE
GAP BAND was originally formed in 1967 by Ronnie James Wilson, THE GAP
BAND brand belonged to Ronnie Wilson and that Charlie Wilson had given up his

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right to use THE GAP BAND name in a document dated March 11, 1991. (Dkt #175).
74.

Defendants knew that the letters and emails they sent and the telephone calls they
made would have an adverse and negative affect on Plaintiff Ronnie Wilson d/b/a The
Gap Band, a business which is located and based within the State of Texas

75.

Defendants knew Plaintiff and Plaintiffs d/b/a The Gap Band business was located
within the State of Texas.

76.

Defendants knew Plaintiff had filed the application for trademark with the USPTO
and that the address of the submitted trademarked property (The Gap Band) was
located in Texas.

77.

Plaintiff had contracted with and had valid agreements with the following buyers
(hereinafter contracted buyers), all of which as a result of defendants conduct
canceled the concert contracts with Plaintiff:
a.

The Howard Theater in Washington, D.C. to perform a show on January 28,


2016 for a contracted amount of $10,000 + 60% GBOR;

b.

BB King Blues Club & Grill in New York City, NY to perform a show on
January 29, 2016 for a contracted amount of $10,000.00 plus 70% GBOR over
$20,000;

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c.

Charlotte Convention Center in Charlotte, North Carolina to perform a show


on February 27, 2016, for a contracted amount of $25,000.00 plus plane and
hotel (13 people); (Dkt #17-31).

d.

LAuberge Casino in Baton Rouge, LA, to perform a show on April 8, 2016


in the amount of $40,000.00. (Dkt #17-32).

e.

Yoshis Jazz Club in Oakland, California to perform a show on April 23, 2016
for a contracted price of $17,500.00, plus 85% plus split; (Dkt #17-14).

f.

Uptown Theater in Kansas City, KS, to perform a show on May 13, 2016 in
the amount of $25,000.00. The offer by Uptown Theater was rescinded after
receiving a letter from Charlie Wilsons attorney;

g.

Sugar Creek Casino in Hinton, Oklahoma, to perform a show on May 14, 2016
for a contracted price of $27,000.00 flat guarantee. See Box Talent Offer
Sheet (Dkt #17-33); Email dated 12/16/15 from Box Talent Agency to Terry
Harvey, (Dkt #17-34); Demand letter dated 12/15/15 to Box Talent Agency
(Dkt #17-35); Email dated 1/7/16 cancelling concert (Dkt #17-36).

78.

Defendants knew their actions would injure Plaintiff and Plaintiffs business in Texas;

79.

Defendants actions were purposely aimed to harm Plaintiff and Plaintiffs Texas
based company, Plaintiff d/b/a The Gap Band.

Plaintiffs Second Amended Complaint

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80.

Defendants knew their actions set forth herein would cause the funds Plaintiff had
contracted for with contracted buyers to be diverted away from Plaintiff and
Plaintiffs Texas based business.

81.

In addition to the facts set forth herein, Defendants willfully and intentionally
interfered with the aforelisted contracted buyers as follows:
a.

Letters were sent by Defendants regarding Charlie Wilson/The Gap


Band/Notice of Unauthorized Uses by Charlie Wilsons attorney to buyers
and the two agents representing Plaintiff, Steve Selak and Carlos Keyes and
others.
i.

The demand letter dated October 26, 2015 to Steve Selak contains the
misleading statement that, "...be further advised that Ronnie Wilson has
no right to represent himself as "The Gap Band" or to use the Mark in
that fashion." (Dkt #17-37).

ii.

The demand letter to Agent Carlos Keyes and other talent buyers states
the misleading and/or false statement that, "In fact, his [Ronnie
Wilson's] right to use the Mark in any manner is currently subject to
litigation in Federal Court." See for example identical language in
demand letter (Dkt #17-40).

b.

Defendant ICM, by Danielle Beckford, Office of Mark Siegel, sent an email


on October 26, 2015, to one of The Gap Bands agents, Steve Selak, which

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enclosed a legal note from Charlie Wilsons counsel. Ms. Beckford further
stated in the e-mail, You are not authorized to submit or book The Gap
Band. The email then instructed that should Mr. Selak have any questions,
he was to call ICM agent Mark Siegel. See (Dkt #17-38).
c.

ICM agent Mark Siegel called Peter Abraham, located in New York City, as
Mr. Siegel claims, to inform Mr. Abraham ...that The Gap Band show booked
for The Howard Theater and BB King Blues Club & Grill did not include
Charlie Wilson and that the use of the name The Gap Band is in dispute.
(Dkt. #14-3 at 6).

82.

As is set forth in the attached email to Steve Selak, with copies sent to Mark Siegel
of Defendant ICM, Defendant Michael Paran and Defendant P Music Group, the
email demonstrates Defendants collaborated together to make decisions to purposely
harm Plaintiff, to harm Plaintiffs Texas based business, The Gap Band, and to
prevent Plaintiff and Plaintiffs d/b/a The Gap Band from keeping existing contracted
concerts and from getting new bookings for concerts.

83.

By their actions and statements, the Defendants caused the letters and emails to be
sent to the contracted buyers which caused seven buyers to date to cancel The Gap
Bands performances, causing resultant harm to Plaintiff d/b/a The Gap Band.

84.

In an email from Michael Paran dated October 22, 2015, Paran admitted he spoke
with the buyer ...who booked your so called Gap Band at the Howard Theater and

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BB Kings... A copy of the email was also sent to Defendant ICMs Siegel and
Pantone.
85.

On or about October 22, 2015, when Michael Paran spoke to the buyer who booked
THE GAP BAND for The Howard Theater and B.B. King Blues Club & Grill, it was
Defendant Parans purpose by contacting the buyer of The Howard Theater and B.B.
King Blues Club & Grill to interfere with, harm, discredit and end the contractual
relationships between THE GAP BAND and The Howard Theater and B.B. King
Blues Club & Grill.

86.

On October 23, 2015, Keyes received an email from Peter Abraham, of the B.B. King
Blues Club, which notified Keyes that he had been told to cancel THE GAP BAND
with Ronnie Wilson shows outright.

87.

Defendants knew that the consequences of their intentional acts described herein
would cause the cancellation of the contracted buyers.

88.

The Howard Theater event appeared as canceled on Ticketmaster web site on


October 24, 2015. (Dkt #17-13).

89.

The B.B. King Blues Club & Grill show appeared as canceled on Ticketmaster web
site on October 24, 2015. (Dkt #17-13).

90.

Defendants conduct was a substantial factor in bringing about the cancellation of the
concerts without which the harm to Plaintiff would not have occurred.

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91.

The willful and intentional interference by Defendants described herein, along with
causing the cancellations of the contracted concerts has proximately caused the
Plaintiff injury, including but not limited to stopping and delaying Plaintiff and
Plaintiffs buyers from announcing the contracted dates due to the proven fear by
Plaintiff that Defendants will continue the ongoing history of their interference as has
already occurred. Defendants wilful interference has caused Plaintiff loss of
credibility with buyers and the resultant damage of losing show dates Plaintiff would
have otherwise booked.

Other Third Parties and Prospective Buyers


92.

On October 26, 2015, Stevel Selak, with Selak Entertainment, Inc., sent out a mass
email advertisement to promoters indicating THE GAP BAND featuring founder and
original member Ronnie Wilson was available for booking. That same date, Steve
Selak notified THE GAP BANDs booking manager Terry Harvey that he had
received a cease and desist letter from ICM and that he could no longer assist Harvey
until legally non-disputed rights to THE GAP BAND name were obtained. (Dkt #1715).

93.

There was a reasonable possibility that Plaintiff would have entered into contracts for
shows with third parties, other venues and talent buyers, but for Defendants tortious
or unlawful conduct, which included the unlawful interference of contracts stated
herein.

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94.

Defendants conduct was a substantial factor in injuring Plaintiff causing Plaintiff


actual harm and damage by causing buyers who would have contracted with Plaintiff
to not contract with Plaintiff.

95.

As a result of the tortious conduct and trademark infringement as described herein,


agents have been impeded and/or have refused to contact buyers regarding The Gap
Band because of fear of loss of their own reputation in the industry.

96.

Ronnie Wilson as a result has suffered the loss of revenue that he would have derived
from the future efforts of his booking agents.

97.

Ronnie Wilson is therefore entitled to recover damages from Defendants to be


determined at the trial of this action.

Defendants Additional Infringing Activities


98.

On October 22, 2015, a letter was sent by Charlie Wilsons attorney, Stephen J.
Strauss, via email to Jessica L. Henderson, Esq., the attorney listed by the USPTO as
Ronnie Wilsons attorney of record claiming Ronnie Wilsons unauthorized use and
registration of THE GAP BAND and GAP BAND marks... and requested Ronnie
Wilson abandon the Applications he had filed with the USPTO.

99.

Defendant Charlie Wilsons lawyers in the letter continued the interference of Ronnie
Wilsons shows and continued Defendant Charlie Wilsons infringement of Ronnie
Wilsons mark THE GAP BAND by claiming Charlie Wilsons "rights in, and
damaging his reputation associated with , THE GAP BAND mark.". Defendant

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Charlie Wilson continues tortious interference and infringement, and other intentional
unlawful acts of Ronnie Wilsons mark and Ronnie Wilsons shows, claiming that
Ronnie Wilsons use of THE GAP BAND mark is not authorized or licensed by
Charlie Wilson. Charlie Wilson also has demanded that Ronnie Wilson abandon his
application and "cease all plans to use THE GAP BAND and/or GAP BAND
marks...".
100.

Defendants wrongful conduct in sending the unauthorized use letters to talent


buyers, agents, venues and promoters infringes upon the Mark owned by Ronnie
Wilson, disparages his name and use of the Mark, and illegally prevents him from
earning the fruits of his band THE GAP BAND. Mark Siegel/ICM and Charlie
Wilson c/o P Music Group were Ccd on demand letters. See (Dkt #17-37). The fact
that these defendants were copied on the letter demonstrates that the defendants
collaborated in making decisions about the content of the letter and/or agreed to the
contents of the letter and were all responsible for the content of the letter.

101.

Michael Paran of P Music Group claims on Pollstar and Celebrity Access web sites
to be the current manager of THE GAP BAND. (Dkt. #17-6) and Exhibit 15(b),
respectively.

102.

Defendant ICM claims on Pollstar and Celebrity Access web sites to be the current
agent of THE GAP BAND. (Dkt. #16) and Exhibit 15(b). However, ICM does not

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list THE GAP BAND on its roster. (Dkt #17-17). ICM does list Defendant Charlie
Wilson on its roster. (Dkt #17-17).
103.

From the date Charlie Wilson left THE GAP BAND to pursue his solo career in 2009
to present, Michael Paran and/or P Music Group have never been authorized by the
owner of the mark and founder of the band, Ronnie Wilson, to manage or represent
THE GAP BAND.

104.

From the date Charlie Wilson left THE GAP BAND to pursue his solo career in 2009
to present, ICM has never been authorized by the owner of the mark and founder of
the band, Ronnie Wilson, to be the agent or to represent THE GAP BAND.

105.

Defendant Charlie Wilson has no trademark rights in the mark THE GAP BAND and
is not authorized to use the mark. Charlie Wilson in 2009 abandoned any rights that
he may have had in the mark THE GAP BAND.

106.

On October 26, 2015, Ronnie Wilson discovered the domain of thegapband.com and
gapband.com were diverted to the domain name charliewilsonmusic.com.

107.

Investigation revealed Paran registered the domain names thegapband.com and


gapband.com in 1999. Printouts from Network Solutions WHOIS database reflect
Paran as the registrant of thegapband.com and gapband.com domain names. (Dkt.
#17-18) and (Dkt. #17-19). The internet domain name registrant information is
Michael Paran. The Registrant Organization Name is Michael Paran. The email

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address reflects info@pacificcoastpirate.com.2 Ronnie Wilson is unaware of how long


thegapband.com and gapband.com domain names have been diverted to
charliewilsonmusic.com. On information and belief, the domain names have been
pointed to Charlie Wilsons solo career promotional site since 2013. See P Music
Group web site page for Charlie Wilson(thegapband.com/charlieDisc.html and
thegapband.com/charlieMedia.html); (Dkt. #17-20) and (Dkt. #17-21), respectively.
108.

On November 2, 2015, Ronnie Wilson discovered that THE GAP BAND is listed
on Defendants Michael Paran/P Music Groups web site on their Roster and had
previously been listed as a Featured Artist. Until November 2, 2015, Ronnie
Wilson was unaware that Michael Paran and/or P Music Group had been and are
claiming to have THE GAP BAND on their roster ((Dkt #17-22 at pg. 2) and as
well as in 2010 as one of their Featured Artists. (Dkt #17-23 at pg. 2)
( http://gapband.com/artists.html)

and

(Dkt.

#17-24

at

pg.

2)

(http://gapband.com/artists.html).
109.

Michael Paran and/or P Music Group are not authorized to manage THE GAP BAND.

110.

Michael Paran and/or P Music Group do not have the right to claim THE GAP BAND
as one of his/their featured artists or to be listed on their roster.

Pacific Coast Pirate Entertainment registered the copyright in 2015 to Charlie Wilsons
autobiography, I Am Charlie Wilson.
Plaintiffs Second Amended Complaint

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111.

Michael Paran and/or P Music Group have unjustly enriched themselves by deceiving
and presenting to the public, including ticket buyers and prospective talent buyers that
they manage THE GAP BAND when they do not.

112.

Michael Paran/P Music Group Wilson have diminished the market for THE GAP
BAND. On the one hand, these defendants publically claim to manage THE GAP
BAND but in reality, Michael Paran/P Music Group are, without Ronnie Wilsons
knowledge or consent, funneling and directing all potential talent buyers, the public,
and promoters to Charlie Wilson (the solo artist) to perform for them instead of THE
GAP BAND.

113.

THE GAP BAND name is being used by Defendants in competition with Plaintiff,
thereby giving Defendants an unfair competitive advantage because those consumers,
talent buyers and promoters who want to contract with and promote a show with THE
GAP BAND are instead being wrongfully diverted to these Defendants and to Charlie
Wilson as a solo artist. The wrongful diversion of the domain names thegapband.com
and gapband.com to Charlie Wilsons a solo artist web site causes consumers, talent
buyers and promoters to hire and contract with Charlie Wilson the solo artist rather
than THE GAP BAND.

114.

Charlie Wilson, Michael Paran, P Music Group and ICM have caused confusion,
mistake and/or deception in the minds of members of the trade and of the public,
including talent buyers, ticket buyers and promoters.

Plaintiffs Second Amended Complaint

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Beaumont, Texas concert on October 13, 2012 Trademark Infringement


115.

Charlie Wilson performed a concert on October 13, 2012 in Beaumont, Texas. This
concert was performed years after Charlie Wilson left THE GAP BAND.

116.

Charlie Wilson and Michael Paran abandoned THE GAP BAND in 2009 to pursue
Charlie Wilsons solo career. Paran in some capacity, either individually or through
a company he owned, managed The Gap Band for a period of time prior to Charlie
Wilsons 2009 abandonment of the band and Parans 2009 leaving as manager of the
band to manage Charlie Wilson. Paran is Charlie Wilsons step son.

117.

ICMs Mark Siegel was the agent who booked the concert in Beaumont, Texas.

118.

The concert in Beaumont, Texas was billed and advertised as Charlie Wilson
featuring The Gap Band, Charlie Wilson and The Gap Band and was also
advertised and promoted as Charlie Wilson performing and The Gap Band also
performing. (Dkt. #17-25), (Dkt. #17-26) and (Dkt. #17-27). See also poster of
concert (Dkt #17-28) and excerpt from Southeast Texas Entertainment magazine (Dkt
#17-29).

119.

The Charlie Wilson contract for the Beaumont, Texas concert negotiated by ICMs
Mark Siegel indicates at page 2 of the Contract that advertising for the concert was
to be approved by management and a proper marketing plan was to be presented in
a timely fashion. (Dkt #17-29 at pg. 3).

Plaintiffs Second Amended Complaint

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120.

ICM, in negotiating the Beaumont, Texas concert and Charlie Wilsons appearance
in Beaumont, Texas and advertising requirements and created a substantial connection
with the state of Texas since the concert, The Gap Band infringement by the
advertisement of the show which contract term was negotiated by Mark Siegel, and
the location of the concert were all in Texas. ICM purposely directed its activities in
Texas as it profited from earning an agency fee for the show.

121.

Defendant Charlie Wilson performed a concert in Texas knowing he was not The Gap
Band, knowing The Gap Band was not performing and knowing that the advertising
was false. By performing in this concert under the false foundation that The Gap
Band would be appearing, Charlie Wilson created a substantial connection with
Texas.

122.

Defendants Michael Paran and P Music Group were the managers of Charlie Wilson
when he performed the concert in Beaumont, Texas. The contract for the Beaumont,
Texas show required advertising for the concert to be approved by management and
a proper marketing plan to be presented in a timely fashion. (Dkt #17-30 at pg. 3).

123.

All of the Defendants misled buyers and consumers within the State of Texas when
they approved and/or allowed multiple forms and platforms of advertising which
unlawfully advertised to the Beaumont, Texas area that The Gap Band was
performing when The Gap Band was not performing. THE GAP BAND did not
perform on October 13, 2012, either alone or with Charlie Wilson.

Plaintiffs Second Amended Complaint

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Defendants Charlie Wilson, Michael Paran and P Music Group violations of the
Anticybersquatting Consumer Protection Act
124.

Paran registered the domain names thegapband.com and gapband.com in 1999. (Dkt.
#17-18) (Dkt. #17-19). Registrant information is Michael Paran. The Registrant
Organization Name is Michael Paran.

125.

Paran personally owns the two Gap Band web sites and diverted the URLs to Charlie
Wilson, which directly injured Plaintiff.

126.

On information and belief, thegapband.com and gapband.com domain names were


previously pointed to Charlie Wilsons solo career promotional web page on P Music
Groups web site at least since 2013. (Dkt. #17-20) and (Dkt. #17-21).

127.

Thegapband.com and gapband.com domain names are presently diverted to


charliewilsonmusic.com.

128.

Charlie Wilson, Michael Paran and P Music Group trafficked in or used and are using
the domain name thegapband.com and gapband.com.

129.

Any use of THE GAP BAND trademark, including the unauthorized diversion of the
domain names thegapband.com and gapband.com and/or any use at all of THE
GAP BAND trademark by Charlie Wilson, Michael Paran/P Music Group and ICM
in conjunction with Charlie Wilson as the solo artist (known as Charlie Wilson) was
and is unauthorized by Ronnie Wilson, the original founding member and common
law owner of THE GAP BAND trademark.

Plaintiffs Second Amended Complaint

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130.

Defendants have infringed and continue to infringe upon Plaintiff Ronnie Wilsons
common law rights in the trademark THE GAP BAND by unlawfully directing and
pointing consumers, the public, talent buyers, promoters, and internet users who have
typed in the names thegapband.com and gapband.com within the State of Texas and
elsewhere to the web sites of the solo artist known as Charlie Wilson.

131.

Defendants Michael Paran and P Music have infringed and continue to infringe upon
Plaintiffs common law trademark of THE GAP BAND by their listing on their web
site of THE GAP BAND as being on their Roster and/or their featured artist.

February 14, 2016, The Gap Band concert in Houston, Texas


132.

Plaintiff d/b/a The Gap Band is scheduled to perform a concert in Houston, Texas on
February 14, 2016. The Gap Band was booked along with two other acts to perform
a benefit concert for Southwest Community Christian Academy.

133.

Defendants Michael Paran and Charlie Wilson knew as early as October, 2015, that
Ronnie Wilson d/b/a The Gap Band would be performing the concert on February 14,
2016, in Houston, Texas.

134.

The concert was planned and organized in San Antonio, Texas in late July or early
August, 2015.

135.

Tickets went on sale for the Houston, Texas concert for The Gap Band on or about
October 1, 2015.

Plaintiffs Second Amended Complaint

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136.

On December 7, 2015, to announce The Gap Bands upcoming tour, booking


managers for The Gap Band posted on Facebook promotional material consisting of
a list of eight upcoming concert dates The Gap Band would be performing in 2016.
See (Dkt #17-39). The list that was posted on Facebook included The Gap Band
scheduled in Houston, Texas for February 14, 2016 at The Hilton Americas. The
show was advertised and the ad included an ad which stated Also starring The Gap
Band.

137.

As part of the conspiracy, a letter dated January 14, 2016, was sent out by Defendant
Charlie Wilson to the Hilton Americas Houston, regarding "Charlie Wilson/the Gap
Band/Notice of Unauthorized Uses." The letter included a false or grossly misleading
statement that "In fact, his [Ronnie Wilsons'] right to use the Mark in any manner is
currently subject to litigation in Federal Court" and was purposely directed to the
Houston, Texas venue and made demands to that venue to remove The Gap Band
name from any and all advertising, marketing and promotional material..." (Dkt #1740).

138.

In addition to the scheme to make the Houston venue believe that Ronnie Wilson is
not authorized to perform as or use The Gap Band name, the Defendants caused to be
booked a Charlie Wilson concert in Houston, Texas at Arena Theater eight (8) days
before The Gap Band was scheduled to play in Houston.

Plaintiffs Second Amended Complaint

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139.

This Arena Theater show by Charlie Wilson and booked by ICM was scheduled to
sabotage Plaintiffs show, take away ticket sales from Plaintiffs show, undermine
Plaintiffs show, with the purpose to harm Plaintiff and Plaintiffs show for financial
gain by Defendants.
V. COUNTS
COUNT ONE COMMON LAW TRADE MARK INFRINGEMENT BY
DEFENDANTS CHARLIE WILSON, MICHAEL PARAN,
P MUSIC GROUP AND ICM

140.

Plaintiff incorporates all preceding and succeeding paragraphs as if repeated herein


verbatim.

141.

Plaintiff Ronnie Wilson owns the common law rights in the mark THE GAP BAND.
Ronnie Wilson was the founder and the first person to use the mark in commerce in
connection with the musical performances and services, and has used the mark
continuously since he founded the band.

142.

Defendants conduct aforesaid constitutes a violation of 15 U.S.C. 1125(a), by


infringement of Ronnie Wilsons aforementioned valid, protectable and distinctive
mark THE GAP BAND.

143.

Defendants acts and conduct as set forth in the facts and herein shows infringement
by demonstrating that there is a likelihood of confusion. The use by Defendants in
the United States of the mark of THE GAP BAND in connection with a musical
performance, concert or appearance by a musician by any party other than Ronnie

Plaintiffs Second Amended Complaint

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Wilson falsely designates the origin of those services, is a false or misleading


description of fact or a false or misleading representation of fact, and constitutes an
infringement of Ronnie Wilsons protectable and distinctive ownership of the mark
THE GAP BAND used to promote musical performances. Defendants unlawful use
of the mark include:
a.

The unauthorized use of The Gap Band trademark by Defendants on October


13, 2012 in Beaumont, Texas. The concert in Beaumont, Texas was billed as
The Gap Band performing. The concert in Beaumont Texas occurred years
after Charlie Wilson had abandoned the band and publically left THE GAP
BAND to pursue a solo career.

b.

Charlie Wilson and the other named defendants did not have the right to use
or advertise The Gap Band trademark and name in conjunction with the
Beaumont, Texas concert.

c.

The Beaumont, Texas show was billed and advertised as Charlie Wilson
featuring The Gap Band and was also advertised and promoted as Charlie
Wilson performing and The Gap Band also performing. (Dkt. #17-25), (Dkt.
#17-26) and (Dkt. #17-27). THE GAP BAND did not perform on October 13,
2012, either alone or featured with Charlie Wilson.

d.

The unauthorized use by Paran and P Music Group by claiming THE GAP
BAND on their Roster on the P Music Group web site;

Plaintiffs Second Amended Complaint

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e.

The unauthorized use by Paran and P Music Group by claiming to be manager


of THE GAP BAND on Celebrity Access and Pollstar talent buyer listings;

f.

The unauthorized use by ICM by claiming to be agent of THE GAP BAND on


Celebrity Access and Pollstar talent buyer listings;

g.

Defendants Charlie Wilson, Paran, P Music Group and ICM's unauthorized use
of the trademark and their unlawful claimed rights in the trademark of THE
GAP BAND stopped Plaintiff from performing in concerts as set forth herein
by colluding together to send threatening and false claims in emails and/or
letters to talent buyers that Ronnie Wilson's "...right to use the Mark in any
manner is currently subject to litigation in Federal Court...", by making phone
calls and sending emails with Defendants' unlawful claims, and otherwise
interfering with Plaintiff's contracts as set forth in Counts 2 and 4, and any
other actions unknown to Plaintiff, all of which unlawfully prevented Plaintiff
from performing and fulfilling contractual obligations and being paid for
musical performances.

h.

Charlie Wilson, in a nationwide televison broadcast on TMZs TV show


January 22, 2016 (also on the Internet and TMZ web site), misled the public
and infringed on Plaintiffs Mark when asked about the lawsuit. Charlie
Wilsons statements in essence were that there is no GAP BAND. Charlie
Wilson stated The Gap Band is three brothers, Theres got to be three of us

Plaintiffs Second Amended Complaint

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and So wheres the GAP BAND. In fact, as set forth above Charlie Wilson,
unknown to Plaintiff, billed himself in the 2012 Beaumont Texas concert as
Charlie Wilson and THE GAP BAND. And THE GAP BAND as set forth
herein is and has been actively used in commerce by the Mark owner Ronnie
Wilson.
i.

Charlie Wilson made statements purposely directed to individuals watching the


TV broadcast of the TMZ show. These statements to individuals include
people in the State of Texas who would be contemplating buying tickets to
Ronnie Wilson d/b/a The Gap Band concert scheduled in Houston, Texas on
February 14, 2016.
i.

Charlie Wilsons statements on TMZ are likely to confuse customers


of Plaintiff The Gap Band in the State of Texas and have adversely
affected ticket sales The Gap Band concert in Houston, Texas on
February 14, 2016. The unauthorized pointing of thegapband.com and
gapband.com domain names to Charlie Wilsons web site to create
confusion that Charlie Wilsons solo career web site and THE GAP
BAND are one in the same.

j.

The unauthorized pointing of thegapband.com and gapband.com domain


names to Charlie Wilsons solo career site unlawfully diverts, usurps and
converts business to Defendants.

Plaintiffs Second Amended Complaint

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144.

Defendants wrongful acts including their use in commerce in the United States of the
mark THE GAP BAND is likely to cause confusion, mistake or to deceive as to the
affiliation, connection, or approval, or as to the origin or sponsorship of Defendants
services.

145.

Such acts falsely represent that Defendants services or commercial activities are
authorized, sponsored or approved of by Ronnie Wilson, when in fact they are not.
This conduct is in violation of 15 U.S.C. 1125(a).

146.

The Defendants violation has been and remains willful, intentional and deliberate.

147.

The Defendants conduct is causing and threatens to cause Ronnie Wilson irreparable
injury, and leaves Ronnie Wilson without an adequate remedy at law as a
consequence of Defendants conduct. Therefore, Ronnie Wilson is entitled to, inter
alia, injunctive relief.

148.

Ronnie Wilson has been and threatens to continue to be materially, immediately and
irreparably injured by Defendants acts and conduct in that there is a likelihood of
confusion, and/or Defendants have, and threaten to continue to cause confusion
among members of the trade and the public, including, talent buyers, ticket buyers,
forum hosts and promoters, thereby threatening to and/or actually causing damage to
the goodwill developed by Ronnie Wilson. Ronnie Wilson is without adequate
remedy at law.

Plaintiffs Second Amended Complaint

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149.

Ronnie Wilson is entitled to an injunction against Defendants use of the mark THE
GAP BAND in commerce, as well as damages for unlawful use.

COUNT TWO TORTIOUS INTERFERENCE WITH EXISTING CONTRACTS


AGAINST DEFENDANTS CHARLIE WILSON,
MICHAEL PARAN, P MUSIC GROUP AND ICM
150.

Plaintiff incorporates all preceding and succeeding paragraphs as if repeated herein


verbatim.

151.

Plaintiff Ronnie Wilson d/b/a The Gap Band had valid agreements with The Howard
Theater, BB King Blues Club & Grill, Charlotte Convention Center, LAuberge
Casino, Yoshis Jazz Club, Uptown Theater, and Sugar Creek Casino that Defendants
willfully and intentionally interfered with, and such interference proximately caused
Plaintiffs injury.

152.

Defendants desired to cause the consequences of their interference, that is, to stop the
Plaintiff d/b/a The Gap Bands shows at the contracted buyers from occurring.

153.

Defendants did stop Ronnie Wilson d/b/a The Gap Band from performing and the
shows at the contracted buyers were cancelled due to Defendants conduct described
herein.

154.

Plaintiff Ronnie Wilson d/b/a The Gap Band has suffered actual damages and loss
because of Defendants tortious interference.

155.

Plaintiff Ronnie Wilson seeks exemplary damages for Defendants tortious conduct
pursuant to Section 41.003 of the Texas Civil Practices and Remedies Code.

Plaintiffs Second Amended Complaint

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COUNT THREE VIOLATION OF


TEXAS BUSINESS AND COMMERCE CODE 15.05
(Texas Free Enterprise and Antitrust Act)
(Against All Defendants)
156.

Plaintiff incorporates all preceding and succeeding paragraphs as if repeated herein


verbatim.

157.

Defendants have knowingly and intentionally engaged in an unlawful contract,


combination, or conspiracy violating the Texas Free Enterprise and Antitrust Act
(Texas Business and Commerce Code 15.05).

158.

The combination and conspiracy consisted of an agreement or agreements among


defendants and their co-conspirators to engage in a predatory sabotage of Ronnie
Wilson d/b/a The Gap Band concert in Houston, Texas on February 14, 2016.

159.

Those agreements among defendants and coconspirators are conclusively presumed


to be unreasonable and therefore illegal under Section 15.05 of the Texas Business
and Commerce Code because of their pernicious effect on competition and lack of any
redeeming virtue.

160.

Plaintiff d/b/a The Gap Band is scheduled to perform a concert in Houston, Texas on
February 14, 2016. The Gap Band was booked along with two other acts to perform
a benefit concert for Southwest Community Christian Academy.

161.

Defendants Michael Paran and Charlie Wilson knew as early as October, 2015, that
Ronnie Wilson d/b/a The Gap Band would be performing the concert on February 14,
2016, in Houston, Texas.

Plaintiffs Second Amended Complaint

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162.

As set forth in the facts, the concert was planned and organized in San Antonio, Texas
in late July or early August, 2015.

163.

Tickets went on sale for the Houston, Texas concert for The Gap Band on or about
October 1, 2015.

164.

On December 7, 2015, to announce The Gap Bands upcoming tour, booking


managers for The Gap Band posted on Facebook promotional material consisting of
a list of eight upcoming concert dates The Gap Band would be performing in 2016.
See (Dkt #17-39). The list that was posted on Facebook included The Gap Band
scheduled in Houston, Texas for February 14, 2016 at The Hilton Americas. The
show was advertised and the ad included an ad which stated Also starring The Gap
Band.

165.

Plaintiff is aware that all but one of the venues listed on the Facebook promotion were
contacted by Defendant attorneys demand letters regarding unauthorized use.3

166.

Defendants have entered into agreements to restrain trade in the particular market of
Houston, Texas, and elsewhere within the state of Texas. Defendants have engaged
in a scheme to unreasonably restrain trade. Defendants agreements and conspiracy
includes is not limited to, the following actions:
a.

The agreement among the defendants to sabotage The Gap Band concert in
Houston, Texas on February 14, 2016. All defendants participated in this

Booking agents, buyers and promoters were also contacted by Charlie Wilsons lawyers.
Plaintiffs Second Amended Complaint

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purposeful and predatory agreement directed at the Plaintiff d/b/a The Gap
Bands Houston concert.
b.

As part of the conspiracy, a letter dated January 14, 2016, was sent out by
Defendant Charlie Wilson to the Hilton Americas Houston, regarding "Charlie
Wilson/the Gap Band/Notice of Unauthorized Uses." The letter included a
false or grossly misleading statement that "In fact, his [Ronnie Wilsons'] right
to use the Mark in any manner is currently subject to litigation in Federal
Court" and was purposely directed to the Houston, Texas venue and made
demands to that venue to remove The Gap Band name from any and all
advertising, marketing and promotional material..." (Dkt #17-40 at pg. 1).
Ronnie Wilson's right to use the Mark in any manner is not the subject of this
lawsuit. Charlie Wilson and the other named defendants' tortious interference
with contracts, restraint of trade, trademark infringement, and cybersquatting
is the subject matter of the lawsuit on record.

c.

The letter also wrongly demanded the venue remove from advertising and
promotion all references or other implications that ...The Gap Band, as a
band, will be performing... See (Dkt #17-40 at pg. 2).

d.

The January 14, 2016, letter wrongly portrays solo artist Charlie Wilson as
either the owner of The Gap Band Mark or that he has control over The Gap

Plaintiffs Second Amended Complaint

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Band Mark by stating that Charlie Wilson is extremely protective of... The
Gap Band brand. (Dkt #17-40 at pg. 2).
e.

The January 14, 2016, letter wrongly states that Charlie Wilson is ...the lead
member and lead singer of the legacy recording group The Gap Band. (Dkt
#17-40 at pg. 1). Charlie Wilson was a former lead singer of The Gap Band.
See Defendants demand letter dated October 26, 2015 ((Dkt #17-37). Ample
evidence exists that Charlie Wilson voluntarily left and abandoned The Gap
Band to pursue a solo career.

f.

The January 14, 2016, letter was designed to threaten and intimidate the
Houston venue, cause them to cancel the show and in addition, disparage
Plaintiff.

g.

In addition to the scheme to make the Houston venue believe that Ronnie
Wilson is not authorized to perform as or use The Gap Band name, the
Defendants caused to be booked a Charlie Wilson concert in Houston, Texas
at Arena Theater eight (8) days before The Gap Band was scheduled to play
in Houston.

h.

This Arena Theater show by Charlie Wilson and booked by ICM was
scheduled to sabotage Plaintiffs show, take away ticket sales from Plaintiffs
show, undermine Plaintiffs show, with the purpose to harm Plaintiff and
Plaintiffs show for financial gain by Defendants.

Plaintiffs Second Amended Complaint

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i.

Ticket sales were harmed by Defendants concerted actions as follows:


sending a demand and unauthorized letter to the Hilton Americas venue where
The Gap Band was to appear; announcing Defendant Charlie Wilsons concert
and scheduling it eight days prior to The Gap Band concert, which is the same
type music as The Gap Band in the same market and near the same time, and
scheduling Charlie Wilsons concert in a smaller venue that he typically plays;
all resulting in unlawful restraint of trade or commerce of Plaintiff d/b/a The
Gap Band.

j.

Charlie Wilsons Houston, Texas concert date of February 6, 2016, was


announced after Plaintiffs The Gap Band concert date in Houston, Texas was
announced.

k.

As of the date of this filing, Charlie Wilsons web site Event Dates page lists
only one concert in Texas, the Houston February 6, 2016, concert.

l.

These acts in Houston, Texas are part of Defendants scheme to destroy Ronnie
Wilson and prevent him from earning money from the use of the Mark, the
band he founded and has been intimately identified with for over 40 years.

167.

Defendants have done a pattern of nationwide demand letters and emails making the
false claim that Ronnie Wilson's right to use the Mark in any manner is currently
subject to litigation in Federal Court.

Plaintiffs Second Amended Complaint

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168.

Defendant Charlie Wilson is a solo artist who performs frequently throughout the
country as a solo artist. Defendant Charlie Wilson was a former lead singer of The
Gap Band, a band formed by Plaintiff Ronnie Wilson. Solo artist Defendant Charlie
Wilsons agent is an agent of Defendant ICM Mark Siegel and on information and
belief, Mark Siegel is a partner of Defendant ICM.

169.

Defendant ICM is a talent agency representing artists in live performances, tours,


appearances, and engagements in venues throughout the world.

170.

Defendant Michael Paran is the CEO and President of Defendant P Music Group,
Inc., a management company that manages singers/artists, including Defendant
Charlie Wilson.

171.

As previously alleged, Defendants have colluded with each other and have jointly
participated in a predatory and anticompetitive scheme to injure Plaintiff, destroy
Plaintiff d/b/a The Gap Bands benefit concert in Houston, Texas.

172.

As a direct and proximate result of this illegal and anticompetitive conduct,


Defendants have undermined and foreclosed competition in a substantial share of the
affected commerce.

173.

As a result of Defendants actions, Plaintiff has suffered antitrust injury.

174.

By their conduct as described above, Defendants have violated 15.05 of the Texas
Business and Commerce Code in every contract, combination, or conspiracy in
restraint of trade or commerce.

Plaintiffs Second Amended Complaint

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175.

As a result of result of Defendants actions, Plaintiff has suffered injury.

COUNT FOUR TORTIOUS INTERFERENCE WITH EXISTING CONTRACT


BETWEEN PASTOR GREGG PATRICK AND RONNIE WILSON D/B/A THE
GAP BAND FOR HOUSTON, TEXAS CONCERT FEBRUARY 14, 2016
AGAINST DEFENDANTS CHARLIE WILSON,
MICHAEL PARAN, P MUSIC GROUP AND ICM
176.

Plaintiff incorporates all preceding and succeeding paragraphs as if repeated herein


verbatim.

177.

Plaintiff Ronnie Wilson d/b/a The Gap Band had an existing agreement with Pastor
Gregg Patrick to perform a Gap Band concert in Houston, Texas on February 14,
2016. The Gap Band was booked to appear along with two other acts to perform a
benefit concert on that date for Southwest Community Christian Academy. (Dkt #1743).

178.

Defendants knew about the existing agreement between Pastor Patrick and The Gap
Band to perform the Houston, Texas concert.

179.

As set forth herein and in the preceding paragraphs, Defendants willfully and
intentionally interfered with the Houston, Texas concert by sending the demand letter
to the Houston, Texas venue and by deliberately sabotaging Plaintiffs scheduled
performance and such interference proximately caused Plaintiffs injury.

180.

Defendants desired to cause the consequences of their interference, that is, to cause
the contract between Pastor Patrick and Ronnie Wilson to be breached.

Plaintiffs Second Amended Complaint

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181.

Defendants did cause a breach of the contract between Ronnie Wilson d/b/a The Gap
Band and Pastor Patrick in that Ronnie Wilson d/b/a The Gap Band will be receiving
a significant reduction in fee due to the demand letter and Defendants conduct
described in Count Three above.

182.

Plaintiff Ronnie Wilson d/b/a The Gap Band has suffered actual damages and loss of
income because of Defendants tortious interference.

183.

Plaintiff Ronnie Wilson seeks exemplary damages for Defendants tortious conduct
pursuant to Section 41.003 of the Texas Civil Practices and Remedies Code.
COUNT FIVE ANTICYBERSQUATTING BY DEFENDANTS
CHARLIE WILSON, MICHAEL PARAN AND P MUSIC GROUP

184.

Plaintiff incorporates all preceding and succeeding paragraphs as if repeated herein


verbatim.

185.

The domain names thegapband.com and gapband.com registrant information is


Michael Paran. The Registrant Organization Name is Michael Paran.

186.

Defendants Charlie Wilson, Michael Paran and P Music Group trafficked in or used
and are using the domain name thegapband.com and gapband.com.

187.

The domain names thegapband.com and gapband.com are identical or confusingly


similar to Plaintiffs protected mark owned by Plaintiff.

188.

Upon information and belief, Defendants have a bad faith intent to profit from the use
of the Internet domain names thegapband.com and gapband.com by creating an

Plaintiffs Second Amended Complaint

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unlawful association with Plaintiffs famous THE GAP BAND trademark as to source
or sponsorship.
189.

The Defendants diversion of the domain names thegapband.com and gapband.com


to Charlie Wilsons solo career web site domain, charliewilsonmusic.com, was done
by Defendants in bad faith with intent to profit from the goodwill associated with
THE GAP BAND trademark.

190.

The Defendants use of thegapband.com and gapband.com domain names has caused
confusion, is identical to Plaintiffs mark, and dilutes the distinctive quality of
Plaintiffs famous THE GAP BAND trademark.

191.

Defendants have used thegapband.com and gapband.com domain names with the bad
faith intent of causing harm to Plaintiff and his trademark of THE GAP BAND.

192.

Defendants have used the domain names thegapband.com and gapband.com to


promote Defendants agenda and to divert consumers to Charlie Wilsons solo career
web site with the bad faith intent to harm Plaintiffs goodwill and to profit from
Plaintiffs mark by creating a likelihood of confusion as to source, sponsorship,
affiliation or endorsement of the Defendant Charlie Wilsons solo career web site.

193.

Plaintiff has been damaged by Defendants unlawful use of the thegapband.com and
gapband.com domain names and will suffer irreparable harm.

194.

Defendants acts, as aforesaid, are in violation of the Anticybersquatting Consumer


Protection Act under Section 43(d) of the Lanham Act, 15 U.S.C. 1125(d).

Plaintiffs Second Amended Complaint

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195.

Defendants unauthorized use of the infringing domain name has caused and unless
enjoined, will continue to cause, irreparable injury to Plaintiff and to the goodwill
associated with THE GAP BAND mark.

196.

Because Defendants infringing conduct has caused and is likely to cause substantial
injury to the public and to Plaintiff, Plaintiff is entitled to injunctive relief, and to
recover either statutory damages under 15 U.S.C. 1117(d) or Defendants trebled
profits, together with Plaintiffs costs and reasonable attorneys fees pursuant to 15
U.S.C. 1117(a).
VI. PUNITIVE DAMAGES

197.

Plaintiffs claims allow for the award of punitive/exemplary damages. Defendants


actions were willful, wanton and reckless. Plaintiff requests that punitive damages
be awarded against Defendants.
VII. DAMAGES

198.

Plaintiff Ronnie Wilson d/b/a The Gap Band respectfully requests to be awarded:
a.

Lost profits and lost valuable goodwill;

b.

Defendants Charlie Wilson, Michael Parran and P Music Group and ICMs
profits as a result of their restraint of trade and Trademark infringement.

c.

All of Plaintiffs general, actual, special and consequential damages;

d.

Costs of court;

e.

Attorneys fees as provided by law;

Plaintiffs Second Amended Complaint

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199.

f.

Pre- and post-judgment interest as allowed by law; and

g.

Punitive damages as may be determined by the finder of fact.

Plaintiff also seeks permanent injunction enjoining Defendants from using THE GAP
BAND trademark and anticybersquatting the domain names thegapband.com and
gapband.com. .
JURY REQUEST

200.

Pursuant to the U.S. Const. amend. 7, Federal Rule of Civil Procedure 38, and Local
Rule 38.1, Plaintiff hereby demands a trial by jury on all issues of fact.
VIII. PRAYER

201.

WHEREFORE, Plaintiff demands judgment:


a.

Permanently enjoining defendants, their agents, servants, employees, and


attorneys and all those acting in concert with them from infringing THE GAP
BAND mark;

b.

Award Ronnie Wilson his damages for unlawful use, including without
limitation defendants profits, all damages sustained by Ronnie Wilson, the
costs of this action, and reasonable attorneys fees, and damages resulting from
the tortious conduct for which Defendants are liable;

c.

Directing that Defendants cease the diversion of thegapband.com and


gapband.com domain name to charliewilsonmusic.com and removing from all
talent buyer web sites and all other sites that Defendants ICM and P Music

Plaintiffs Second Amended Complaint

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Group and Michael Paran represent THE GAP BAND in any capacity
whatsoever and;
d.

Adjudge and decree that the acts of the Defendant as alleged in Count Three
constitutes an illegal agreement that unreasonably restrains trade or commerce
in violation of 15.05 of the Texas Business and Commerce Code.

e.

Granting such other and further relief as to this Court deems just and proper.

f.

That judgment be entered for Plaintiff against Defendants for three times the
amount of actual damages sustained;

g.

That all Defendants shall be held jointly and severally liable for all damages,
costs, and attorneys fees assessed against them;

h.

That Plaintiff recover special and exemplary damages;

i.

That Plaintiff recover from Defendants all costs of Court and attorneys fees;

j.

That Plaintiff be awarded pre- and post-judgment interest at the highest legal
rate; and

k.

That Plaintiff receives such other relief as the Court may deem just and proper
under law or equity.

Dated: February 11, 2016.

Plaintiffs Second Amended Complaint

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Respectfully submitted,

s/Bill Zuhdi
Bill Zuhdi, TX Bar No.: #22293340
The Zuhdi Law Firm
P.O. Box 1077
Oklahoma City, OK 73101
(405) 232-1400 (office)
(405) 755-9686 (facsimile)
Bill@billzuhdi.com
ATTORNEY FOR PLAINTIFF
Certificate of Service
I hereby certify that on February 11, 2016, I electronically transmitted the attached
document to the Clerk of Court using the ECF System for filing and transmittal of a Notice
of Electronic Filing to the Following ECF registrants. Based on the records currently on file,
the Clerk of Court will transmit a Notice of Electronic Filing to the following ECF
registrants:
Edwin F. McPherson
McPHERSON RANE LLP
1801 Century Park East, 24th Floor
Los Angeles, California 90067
emcpherson@mcphersonrane.com
Peter D. Kennedy
GRAVES, DOUGHERTY, HEARON & MOODY
401 Congress Avenue, Suite 2200
Austin, Texas 78701
ATTORNEYS FOR DEFENDANTS
CHARLES KENT WILSON
a/k/a CHARLIE WILSON
MICHAEL PARAN
P MUSIC GROUP, INC.

Plaintiffs Second Amended Complaint

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J. K. Leonard
NAMAN HOWELL SMITH & LEE, PLLC
10001 Reunion Place, Suite 600
San Antonio, TX 78216 210-731-6358
jkleonard@namanhowell.com
Victor C. Bushell
Cem Ozer
BUSHELL, SOVAK, OZER & GULMI LLP
274 Madison Avenue, Suite 901
New York, NY 10016
vbushell@bushellsovak.com
cozer@bushellsovak.com
ATTORNEYS FOR DEFENDANT
INTERNATIONAL CREATIVE
MANAGEMENT PARTNERS, LLC
s/ Bill Zuhdi
Bill Zuhdi

Plaintiffs Second Amended Complaint

Page 55