Gap Band Complaint PDF

Case 5:15-cv-01024-XR Document 1 Filed 11/20/15 Page 1 of 42
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
FILED
NU1,2O
CLERK
RONNIE JAMES WILSON,

d/b/a THE GAP BAND
2015
DISTRICT CLERK
STEQ3CT OF TEXAS
Plaintiff,
V.
CIVIL ACTION NO.
JURY TRIAL DEMAND
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.
PLAINTIFF'S ORIGINAL COMPLAINT AND JURY DEMAND

TO THE HONORABLE COURT:
PlaintiffRonnie James Wilson d/b/a The Gap Band ("Ronnie Wilson" or "Plaintiff'or
"The Gap Band") files this Original 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
Plaintiff's Original Complaint and Jury Demand
Page
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,
tortious interference with prospective contracts, common law trademark infringement,
Consumer
common law unfair competition, and violation of the Anticybersquatting
Protection Act.
Plaintiff Ronnie Wilson is the founder of THE GAP BAND, the owner of THE GAP
GAP BAND
BAND trademark, and has approximately 47 years of continuous use of THE
trademark in connection with live musical performances and receipt of digital
performance
songwriter,
royalties. Ronnie Wilson is a world class and universally recognized musician,
Wilson's
singer, and producer. Beginning in 1972, Defendant Charlie Wilson, Ronnie
in 1972,
younger brother, joined Plaintiff Ronnie Wilson's band, THE GAP BAND. Also
Robert Wilson, Plaintiff's youngest brother, joined THE GAP BAND.

In 2009, Charlie Wilson publically left THE GAP BAND to pursue a solo career.
To
Wilson has
this day, Charlie Wilson is still performing solely as a solo artist. Charlie
Wilson's
repeatedly admitted in the media that THE GAP BAND was his brother Ronnie
band.
Defendants intentionallyand unlawfully (tortious interference) stoppedRonnie
from performing at music performance dates that were under contract and
Wilson
were on sale to the
stopping him
public, stopping Ronnie Wilson from earning payments per the contracts and
In 2015, THE GAP
from earning a living from the band he founded and the mark he owns.
Page 2
BAND was booked into the B.B. King Blues Club & Grill in New York and the Howard
Theater in Washington, D.C. for concert dates to be performed in January, 2016. Ronnie
Wilson, as owner and leader of THE GAP BAND, put together many of the original
members of THE GAP BAND and had an agent begin booking concert tour dates for the
band. Contrary to law, Defendants have caused buyers of Plaintiff's show to cancel show
dates, and caused buyers who would have contracted with Plaintiff to not contract with
Plaintiff, have committed acts which have infringed upon Plaintiff's trademark THE GAP
BAND and 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.
Defendant Charles Kent Wilson alkla 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.
3.
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
91344-2138. Paran is Defendant Charlie Wilson's manager and owner of P Music
Group, Inc.
Plaintiff's Original Complaint and Jury Demand - Page 3
4.
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.
5.
Defendant International Creative Management Partners, LLC ("1CM"), is and at all

material times was, a limited liability company existing under the laws of the State of
Delaware and licensed to do and is doing business in the State of California.
Defendant 1CM is the agency that represents Defendant Charlie Wilson. Mark Siegel
is an agent/partner of 1CM.
6.
Plaintiff is ignorant of the true names and capacities of Defendants sued herein as
Does
through 5, inclusive, and therefore sues these Defendants by such 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 Plaintiff's 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 ofthe remaining Defendants,
and acting within the purpose, scope and course of said Agency, service and
Page 4
employment, with the express andlor 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

7.
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.
8.
l332(a)(1).
The Court has federal question jurisdiction over the subject matter of Plaintiff's
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.
9.
The Court has supplemental jurisdiction over the subject matter of Plaintiffs claims
arising under Texas law, because Plaintiffs state law claims are so related to
Plaintiffs federal law claims "that they form part of the same case or controversy
under Article III of the United States Constitution." 28 U.S.C.
10.
1367(a).
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 Plaintiff's claims occurred or a

substantial part of the property that is the subject of the action is situated.
U.S.C.
11.
1391(b)(2).
Plaintiff Ronnie Wilson resides in the Western District of Texas.
Page 5
See
28
IV. FACTS
A. RONNIE WILSON'S COMMON LAW TRADEMARK
AND APPLICATION OF TRADEMARK WITH THE USPTO
12.
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.
13.
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.
14.
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
15.
On June 19,2015, Ronnie J. Wilson, dlb/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. Exhibit

16.
1.
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. Exhibit 2.
THE GAP BAND's Formation and History

17.
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.

18.
The Greenstreet, Archer and Pine Street Band performed frequently in the Tulsa,
Oklahoma area and became popular. As advertising the band's name on posters was
too lengthy, in late 1968, 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.

19.
In 1972, Ronnie Wilson asked his brother, Charlie Wilson, tojoin THE GAP BAND.
That the band was Ronnie Wilson's 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 brother's 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."
20.
In late 1972, Ronnie Wilson's youngest brother, Robert, joined THE GAP BAND.
21.
After Robert Wilsonjoined 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
Page 7
instrumentalists/musicians, including guitar, bass, organ player, trumpet, saxophone,

trumpet, keyboard and percussionist.
22.
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.
THE GAP BAND's Distinctive Sound

23.
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 Wilson's 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 band's inception, who hired and trained the musicians and he made the
decisions on which type instrument to use to obtain the band's distinctive sound. The
brothers would collaborate on songs.
24.
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,
Plaintiff's Original Complaint and Jury Demand Page
published 2015 by Simon &
Schuster, Inc., Copyright 2015 by Pacific Coast Pirate Company,
I Am
Charlie
Wilson, at pg. 138. Exhibit 3.
25.
Ronnie Wilson is a credited songwriter, with approximately 100 credited songs, many
of which were performed and recorded by THE GAP BAND.

26.
As early as 1991, in an Artist Amendment Agreement to an Artist Agreement with
Bon Ami Records, Inc. (Exhibit 4(a) and (b)), 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. Exhibit
4(a).
27.
Some time in 1999, Michael Paran became the manager of THE GAP BAND.
28.
In 2006, Ronnie Wilson suffered from a bleeding stroke, a severe life threatening
medical condition. Ronnie Wilson's recovery included physical therapy for two years.
In 2006 Ronnie Wilson had moved to San Antonio, Texas.
29.
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.
30.
Charlie Wilson and Robert Wilson continued to perform in THE GAP BAND up until
some time in March 2009.
31.
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.
32.
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 ofthis, 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.
33.
Ronnie Wilson also recently learned that in 2008 other shows were billed without his
authorization as "Charlie Wilson & THE GAP BAND" contrary to Ronnie Wilson's
express directives.
34.
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
would only be known as "THE GAP BAND" and never known as "Charlie Wilson
of/and THE GAP BAND."
Page 10
35.
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: "We're not doing 'featuring Charlie Wilson' nothin," they
said." Id. at pg. 168; Exhibit 5(a).
Charlie Wilson Left THE GAP BAND to Pursue Solo Career in 2009
36.
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 Wilson's 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; Exhibit 5(a). 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.
37.
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."
38.
Defendant Charlie Wilson's lawyers by letter dated October 22, 2015 continued the
interference of Ronnie Wilson's shows and continued Defendant Charlie Wilson's
infringement of Ronnie Wilson's mark THE GAP BAND by claiming Charlie
Plaintiff's Original Complaint and Jury Demand Page
11
Wilson's "rights in, and damaging his reputation associated with, THE GAP BAND
mark.". Defendant Charlie Wilson continues tortious interference and infringement,
unfair competition, and other intentional unlawful acts of Ronnie Wilson's mark and
Ronnie Wilson's shows, claiming that Ronnie Wilson's 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...".
Ronnie Wilson 's Use in Commerce of his Common Law Trademark

of THE GAP BAND After 2009
39.
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.
Exhibit 6, recent October 15, 2015 artist earnings.
40.
On August 15,2010, Robert Wilson passed away. After Robert Wilson died, though
Charlie Wilson had left THE GAP BAND, he unilaterally announced that THE GAP
BAND had "retired" in 2010.
41.
Ronnie Wilson did not retire THE GAP BAND nor did Ronnie Wilson know or agree
to have this false pronouncement made.
Page 12
42.
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 physically up to touring.
43.
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.

44.
On October 25, 2012, Ronnie Wilson obtained the domain name gapbandmusic.com.
The gapandmusic.com domain name is still currently registered to Ronnie Wilson.
Exhibit 7.
45.
TFIE GAP BAND songs are currently played throughout the internet on such internet
radio sites as Pandora, Spotify, and many others.

46.
THE GAP BAND albums have been marketed online and sold in stores for decades.
47.
Promoter, talent buyer, and consumer interest in THE GAP BAND is ongoing.
48.
Ronnie Wilson in 2015 as set forth in detail herein organized and had contracts for
show dates at several venues, and tickets had gone on sale for two of the show dates
until stopped by the wrongful actions of the Defendants.
Paran and 1CM
49.
On information and belief, Paran is the owner and CEO of Defendant P Music Group,
Inc.
Page
13
50.
Defendant Michael Paran is the registrant to the domain names thegapband.com and
gapband.com.
51.
On information and belief, Paran' s can be held personally liable for his intentional
acts as set forth herein, including tortious interference and trademark infringement,
unfair competition, and personally owning and diverting the two Gap Band web sites
to Charlie Wilson, personally and directly injured Plaintiff.
52.
On information and belief, Paran in some capacity, either individually or through a

company he owned, managed The Gap Band for a period of time prior to Charlie
Wilson's 2009 abandonment of the band and Paran's 2009 leaving as manager of the
band to manage Charlie Wilson. Paran is Charlie Wilson's step son.
53.
Defendant P Music Group is the manager of Charlie Wilson.
54.
Defendant 1CM Partners is Charlie Wilson's Agent.

B. Defendants Charlie Wilson, Michael Paran, P Music Group, and 1CM
tortuous interference with Ronnie Wilson and THE GAP BAND's contracts
55.
In mid-2015, Ronnie Wilson and Oliver Scott organized a band for THE GAP BAND
concert tour. Former GAP Band members were included in the band.
56.
Ronnie Wilson hired booking managers Teny Harvey ("Harvey") and Teny Nichols
("Nichols") of Starrlite Concerts, LLC for booking management of THE GAP BAND
tour.
Plaintif?s Original Complaint and Jury Demand
Page 14
57.
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.
58.
Keyes immediately began to contract (book) show/concert dates for THE GAP
I:!IJ
59.
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
York City on January 29,2015. This contract guaranteed the band $10,000 plus 70%
GBOR over $20,000. Exhibit 8.'

60.
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. Exhibit 9 (see also footnote 1).
61.
Peter Abraham ("Abraham") was the talent buyer for both the B .B. King Blues Club
& Grill and The Howard Theater.
62.
Shortly after, each concert was placed on the Ticketmaster web site as well as The
Howard Theater and B.B. King Club's web sites. Both shows were advertised as
"The Gap Band" in concert.
63.
Keyes continued to contact talent buyers and promoters in the industry to book
additional dates for THE GAP BAND.
'Party's bank account information is redacted.

Plaintiff's Original Complaint and Jury Demand - Page
15
64.
On October 20, 2015, Harvey/Nichols/Starrlite Concerts contacted Celebrity Access
and Polistar 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.
65.
Polistar and Celebrity Access are the two leading entertaimnent industry web sites for
talent buyers, promoters, venues, agents and managers in the entertainment industry.
66.
Defendants Paran and P Music Group, upon learning that Harvey/Nichols Starrlite
Concerts had contacted Pollstar and Celebrity Access to notify them of their
respective representations, asked Aimee Lee of Celebrity Access by email dated

October 20, 2015, to revert "Gap Band" back to P Music Group, Inc. and 1CM as
Management and Agent..."
67.
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
68.
The October 20, 2015 email by Paran/P Music Group caused Celebrity Access to
remove Teny Harvey as manager of THE GAP BAND and Red Entertainment
Agency (Carlos Keyes) as Agent of THE GAP BAND.
69.
On information and belief, on October 20, 2015, Peter Abraham was contacted by
Paran and on information and belief also by Defendant 1CM, 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 B and
Featuring Ronnie Wilson."

70.
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 Ronnie's show. Copies of the email were also sent to two
individuals who work for Defendant 1CM. The two individuals with 1CM were Mark
Siege! ("Siege!") and Elizabeth Pantone ("Pantone")
71.
On October 22,2015, Harvey emailed Paran and informed him, with copies to Siegel
and Pantone with Defendant 1CM, that Paran's 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
right to use THE GAP BAND name in a document dated March 11, 1991. Exhibit
4(a).
72.
On October 22, 2015, a letter was sent by Charlie Wilson's attorney, Stephen J.
Strauss, via email to Jessica L. Henderson, Esq., the attorney listed by the USPTO as
Ronnie Wilson's attorney ofrecord. Strauss claimed confusion overRonnie Wilson's
"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.
I. Defendants' Intentional Interference with Contracts

between THE GAP BAND wth Ronnie Wilson and The Howard Theater
and B.B. King Blues Club and Grill
73.
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
BB Kings..." A copy ofthe email was also sent to Defendant 1CM

through Siegel and
Pantone.
74.
The shows at The Howard Theater and the B.B. King Blues Club &
Grill were
subsequently cancelled by Peter Abraham, the talent buyer ofthe two different concert
venues.
75.
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 Paran's 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.
76.
On October 23,2015, Keyes received an email from Peter Abraham, of the

Blues Club, which notified Keyes that he had been told to "cancel THE
with Ronnie Wilson shows outright."
B .B. King
GAP BAND
77.
Defendants knew that the consequences of their intentional acts described herein
would cause the cancellation of the contracts with B.B. King Blues Club &
Grill and
The Howard Theater.

78.
The Howard Theater event appeared as "canceled" on Ticketmaster

web site on
October 24, 2015. Exhibit 10.
79.
The B.B. King Blues Club & Grill show appeared as "canceled" on
Ticketmaster web
site on October 24, 2015. Exhibit 10.

80.
Defendants' conduct was a substantial factor in bringing about the cancellation ofthe
shows at The Howard Theater and B.B. King Blues Club & Grill, without
which the
harm to Plaintiff would not have occurred.

ii. Defendants' Intentional Interference with Contracts
Between
THE GAP BAND and Resorts Casino Hotel,

Sycuan Casino and Yoshi's Jazz Club
81.
Additional show dates for THE GAP BAND featuring Ronnie Wilson had
been
contracted for, specifically: 1)February 13, 2015, at Resorts Casino Hotel in
Atlantic
City in the amount of $20,000, all inclusive. Exhibit 11; 2) February
26, 2015, at
Sycuan Casino in El Cajon, California in the amount of $20,000.00. Exhibit
12; and
3) April 23, 2016 at Yoshi's Jazz Club in Oakland, California in

the amount of
$17,500 with a guarantee plus bonus % above split point. Exhibit 13 (hereinafter
"Resorts, Sycuan and Yoshi contracts"). Defendants willfully and

intentionally
interfered with the Resorts, Sycuan and Yoshi contracts by their actions
set forth
Page 19
herein and in interfering with Plaintiff's contracts causing the cancellation of The
Howard Theater and B.B. King Blues Club & Grill shows.
82.
Defendants knew that the consequences of their intentional acts would cause
cancellation or delay ofannouncement ofPlaintiff' s shows booked but whose identity
may have been unknown to Defendants, or cause additional shows not to be booked.
Defendants knew or should have known that Plaintiff would likely lose or be impaired
or stopped from performing shows at venues such as Resorts, Sycuan and Yoshi and
other similar venues.
83.
The willful and intentional interference by Defendants described herein, along with
causing the cancellations of the B.B. King and The Howard Theater shows, has
proximately caused the Plaintiff injury, including but not limited to stopping and
delaying Plaintiff and Plaintiff's buyers from announcing the contracted dates due to
the proven fear by Plaintiff that Defendants will continue the ongoing history of their
interference by contacting Resorts, Sycuan and Yoshi to intentionally cause the
cancellation of Plaintiff's shows as occurred in The Howard Theater and B.B. King
shows. Defendants'
wilful
interference has caused Plaintiff loss of credibility with
buyers and the resultant damage of losing show dates Plaintiff would have otherwise
booked.
Plaintiffi s Original Complaint and Jury Demand - Page 20
iii. Other Third Parties and Prospective Contracts

84.
Inc., sent out a mass

On October 26, 2015, Stevel Selak, with Selak Entertainment,
email advertisement to promoters indicating THE GAP BAND
featuring founder and
That same date, Steve

original member Ronnie Wilson was available for booking.
Terry Harvey that he had

Selak notified THE GAP BAND's booking manager
received a cease and desist letter from 1CM and that he could
no longer assist Harvey
were obtained. Exhibit

until legally non-disputed rights to THE GAP BAND name
14.
85.
There was a reasonable possibility that Plaintiff would have
entered into contracts for
for Defendants tortious

shows with third parties, other venues and talent buyers, but
of contracts of The
or unlawful conduct, which included unlawful interference
Howard Theater and the B.B. King Blues Club & Grill shows.
86.
Plaintiff causing Plaintiff

Defendants' conduct was a substantial factor in injuring
actual harm and damage by causing buyers who would have
contracted with Plaintiff
to not contract with Plaintiff.

87.
As a result of the tortious conduct described above, Ronnie
Wilson's regular booking
result has suffered the loss

agents have ceased booking his acts. Ronnie Wilson as a
of revenue that he would have derived from the future efforts of his
Carlos Keyes of Red Entertainment Agency and Steve Selak
inc.
booking agents
of Selak Entertainment,
88.
Ronnie Wilson is therefore entitled to recover damages from Defendants to be

determined at the trial of this action.
C. Defendants' Infringing Activities
89.
Michael Paran of P Music Group claims on Polistar and Celebrity Access web sites
to be the current manager of THE GAP BAND.
Exhibits 15(a) and 15(b),
respectively.
90.
Defendant 1CM claims on Polistar and Celebrity Access web sites to be the current
agent of THE GAP BAND. Exhibits 15(a) and 15(b). However, 1CM does not list
THE GAP BAND on its roster. Exhibit 16. 1CM does list Defendant Charlie Wilson
on its roster. Exhibit 16.

91.
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.
92.
From the date Charlie Wilson left THE GAP BAND to pursue his solo career in 2009
to present, 1CM 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.
93.
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.
94.
On October 26, 2015, Ronnie Wilson discovered the domain of thegapband.com and
gapband.com were diverted to the domain name "charliewilsonmusic.com."

95.
Investigation revealed Paran registered the domain names thegapband.com and

gapband.corn in 1999. Printouts from Network Solutions' WHOIS database reflect
Paran as the registrant of thegapband.com and gapband.com domain names. Exhibits

17(a) and 17(b). The internet domain name registrant information is Michael Paran.
The Registrant Organization Name is Michael Paran. The email 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 Wilson's solo career promotional site since 2013. See P Music
Group web site page for Charlie Wilson(thegapband.comlcharlieDisc.html and

thegapband.comlcharlieMedia.html); Exhibits 18(a) and 18(b), respectively.
96.
On November 2, 2015, Ronnie Wilson discovered that "THE GAP BAND" is listed
on Defendants Michael ParanfP Music Group's 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 (Exhibit 19) and as well as in
Pacific Coast Pirate Entertainment registered the copyright in 2015 to Charlie Wilson's
autobiography, lAm Charlie Wilson.
Page 23
2010
as
one
of their
"Featured
Artists."
Exhibit
19(a)
(http ://gapband.corn/arti St s.htrnl) and 19(b) (http ://gapband.coin/arti sts .htrnl).

97.
Michael Paran and/or P Music Group are not authorized to manage THE GAP BAND.
98.
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.
99.
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.
100.
Michael ParanlP 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 ParanfP Music Group are, without Ronnie Wilson's
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
101.
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 Wilson's 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.

102.
Charlie Wilson, Michael Paran and P Music Group have caused confusion, mistake
and/or deception in the minds of members of the trade and of the public, including
ticket buyers and promoters.

103.
Charlie Wilson performed a concert on October 13, 2012 in Beaumont, Texas. This
concert was performed years after Charlie Wilson left THE GAP BAND. However,
the 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. Exhibits 20(a), 20(b), and 20(c). THE GAP BAND did not perform
on October 13, 2012, either alone or featured with Charlie Wilson. On information
and belief, there are other instances by Defendants of unfair competition under State
law.
104.
Once Charlie Wilson and Michael Paran abandoned THE GAP BAND in 2009 to
pursue Charlie Wilson's solo career, Ronnie Wilson never authorized Charlie Wilson
or his manager, Michael Paran and/or P Music Group, to use the trademark THE GAP
105.
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 and Michael ParanlP Music Group in
Page 25
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.

106.
Defendants have infringed and continue to infringe upon Plaintiff Ronnie Wilson's
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.
107.
Defendants Michael Paran and P Music have infringed and continue to infringe upon
Plaintiff's 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".
D. Defendants' Charlie Wilson, Michael Paran and
P Music Group violations of the

Anticybersquatting Consumer Protection Act
108.
Paran registered the domain names thegapband.com and gapband.com in 1999.

Exhibits 17(a) and 17(b). Registrant information is Michael Paran. The Registrant
Organization Name is Michael Paran.

109.
On information and belief, thegapband.com and gapband.com domain names were
previously pointed to Charlie Wilson's solo career promotional web page on P Music
Group's web site at least since 2013. Exhibits 18(a) and 18(b).
110.
Thegapband.com and gapband.com domain names are presently diverted to

charliewilsonmusic.com.
111.
Charlie Wilson, Michael Paran and P Music Group trafficked in or used and are using
the domain name thegapband.com and gapband.com.

V. COUNTS
COUNT
TORTIOUS INTERFERENCE WITH EXISTING CONTRACT

WITH THE HOWARD THEATER AGAINST DEFENDANTS
CHARLIE WILSON, MICHAEL PARAN, P MUSIC GROUP AND 1CM
112.
Plaintiff incorporate all preceding paragraphs as if repeated herein verbatim.
113.
Plaintiff had an existing contract with The Howard Theater in Washington, D.C. to
perform a show on January 28, 2016.
114.
As set forth in the facts, Defendants willfully and intentionally interfered with the
contract with The Howard Theater. Defendants desired to cause the consequences of
their interference, that is, to stop the Plaintiff's show from occurring.
115.
Defendants did stop Ronnie Wilson from performing.
116.
Defendants' willful and intentional interference proximately caused Plaintiff's injury.
117.
Defendants' willful and intentional interference caused actual damages or loss to

Plaintiff.
118.
Plaintiff Ronnie Wilson seeks exemplary damages for Defendants' tortious conduct
pursuant to Section 4 1.003 of the Texas Civil Practices and Remedies Code.

COUNT
WITH THE B.B. KING BLUES CLUB & GRILL AGAINST DEFENDANTS
119.
Plaintiff incorporates all preceding paragraphs as if repeated herein verbatim.
120.
Plaintiff had an existing contract with B.B. King Blues Club & Grill in New York
City to perform a show on January 29, 2016..
121.
contract with B.B. King Blues Club & Grill. Defendants desired to cause the
consequences oftheir interference, that is, to stop the Plaintiff's show from occurring.
122.
Defendants did stop Ronnie Wilson from performing.
123.
124.

Plaintiff.
125.
pursuant to Section 41.003 of the Texas Civil Practices and Remedies Code.

3
WITH RESORTS CASINO HOTEL AGAINST DEFENDANTS
COUNT

126.
127.
Plaintiff had an existing contract with Resorts Casino Hotel in Atlantic City to
perform a show on February 13, 2016.
128.
contract with Resorts Casino Hotel. Defendants desired to cause the consequences of
129.
130.

Plaintiff.
131.
COUNT
WITH EXISTING CONTRACT WITH

4 TORTIOUS INTERFERENCE
CASINO AGAINST DEFENDANTS
SYCUAN

132.
133.
Plaintiff had an existing contract with Sycuan Casino in El Cajon, California to

perform a show on February 26, 2015.
134.
contract with Sycuan Casino. Defendants desired to cause the consequences of their
interference, that is, to stop the Plaintiff's show from occurring.
135.
136.

Plaintiff.
Page 29
137.
Plaintiff seeks exemplary damages for Defendants' tortious conduct pursuant to

Section 41.003 of the Texas Civil Practices and Remedies Code.
COUNT
5WITH
YOSHI'S JAZZ CLUB AGAINST DEFENDANTS

138.
139.
Plaintiff had an existing contract with Yoshi's Jazz Club in Oakland, California to
perform a show on April 23, 2016.
140.
contract with Yoshi's Jazz Club. Defendants desired to cause the consequences of
141.
Defendants' willful and intentional interference proximately caused Plaintiffs injury.
142.

Plaintiff.
143.
pursuant to Section 41.003 of the Texas Civil Practices and Remedies Code.
COUNT
INTERFERENCE WITH PROSPECTIVE CONTRACTS

6 TORTIOUS
DEFENDANTS CHARLIE WILSON, MICHAEL PARAN,
BY
P MUSIC GROUP AND 1CM

144.
Page 30
145.
There was a reasonable probability that THE GAP BAND would have entered into
contractual relationships with buyers of Plaintiff's show but for Defendants' tortious
or unlawful acts that prevented the relationship from occurring.
146.
As set forth in the facts, Defendants committed intentional torts of interfering with the
contracts of The Howard Theater and B.B. King Blues Club & Grill as set fort in
Counts
147.
and 2. which has prevented the contractual relationships from occurring.
Defendants committed intentional torts of interfering with the contracts of Resorts,

Sycuan and Yoshi venues as set forth in Counts 3, 4 and 5.
148.
Defendants did the acts with a conscious desire to prevent buyer contractual
relationships with THE GAP BAND from occurring or Defendants knew that their
interference was certain or substantially certain to occur as a result of Defendants'
conduct.
149.
Plaintiff suffered actual harm or damage as a result of the defendants' interference.
150.
Defendants' tortious and unlawful conduct caused Plaintiff to suffer actual damages
and other losses.
151.
COUNT
7 COMMONDEFENDANTS
LAW UNFAIR COMPETITION UNDER STATE LAW
CHARLIE WILSON,
BY
MICHAEL PARAN AND P MUSIC GROUP

152.
Page 31
153.
Ronnie Wilson owns the common law rights in the mark THE GAP BAND and the
mark has been used by Plaintiff in connection with its services continuously since
1968, when THE GAP BAND was founded by Plaintiff.
154.
Plaintiff's mark THE GAP BAND is an inherently distinctive trademark to both the
public and trade in connection with its services, including live performances and
entertainment services.
155.
Defendants have been using THE GAP BAND mark since 2010.
156.
Defendants' use was intended to mislead the public and lead to confusion and
mistake.
157.
The Defendants' actions as set forth above and herein constitute unfair competition
under the laws of the State of Texas.

158.
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 Wilson's 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.
Page 32
159.
On information and belief, there exists shows such as the concert in Beaumont, Texas
on October 13, 2012, where Defendants unlawfully used THE GAP BAND name to
confuse consumers into purchasing tickets believing THE GAP BAND was
performing when THE GAP BAND did not perform. Defendants also unlawfully
used THE GAP BAND mark to bolster Charlie Wilson's solo career.
160.
Ronnie Wilson has suffered serious financial injury by Defendants' infringement on

his mark THE GAP BAND and use of it in competition with Plaintiff.
COUNT
COMPETITION UNDER STATE LAW

8 COMMON LAW UNFAIR
DEFENDANT
BY
1CM
161.
162.
Ronnie Wilson owns the common law rights in the mark THE GAP BAND and the
mark has been used by Plaintiff in connection with its services continuously since
1968, when THE GAP BAND was founded by Plaintiff.
163.
Plaintiff's mark THE GAP BAND is an inherently distinctive trademark to both the
public and trade in connection with its services, including live performances and
entertainment services.
164.
On information and belief, ICM's use of the mark has been since the time Charlie
Wilson abandoned THE GAP BAND in 2009.

165.
Defendant ICM's use of THE GAP BAND mark was intended to mislead the trade
and the public and lead to confusion and mistake and was intended to cause and
threatens to continue to cause confusion, mistake and/or deception in the minds of

members of the trade and of the public.
166.
Defendant 1CM has been using the mark holding itself out as Agent for THE GAP
BAND in the trade and on talent buyer web sites, including Pollstar and Celebrity
Access. 1CM does not list THE GAP BAND on its roster.
167.
1CM has not been authorized since 2009 to be the Agent for THE GAP BAND and
1CM is not the Agent for THE GAP BAND.
168.
The Defendant's actions as set forth above and herein constitute unfair competition
under the laws of the State of Texas.

169.
Ronnie Wilson has suffered serious financial injury by Defendant's infringement on

his mark THE GAP BAND and use of it in competition with Plaintiff.
COUNT
COMMON LAW TRADE MARK INFRINGEMENT BY
DEFENDANTS CHARLIE WILSON, MICHAEL PARAN,
P MUSIC GROUP AND 1CM
170.
171.
Plaintiff Ronnie Wilson owns as established in the facts aforesaid and herein 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.
Page 34
Defendants conduct aforesaid constitutes a violation of 15 U.S.C. 1125(a), by
172.
infringement of Ronnie Wilson's aforementioned valid, protectable and distinctive

mark THE GAP BAND. 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 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 Wilson's 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 by Paran and P Music Group by claiming THE GAP
BAND on their Roster on the P Music Group web site;
b.
The unauthorized use by Paran and P Music Group by claiming to be manager
of THE GAP BAND on Celebrity Access and Polistar talent buyer listings;
c.
The unauthorized use by 1CM by claiming to be manager of THE GAP BAND

on Celebrity Access and Polistar talent buyer listings;
d.
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 to stop Plaintiff from performing in any concerts by
Page 35
threatening, sending false claims in ernails to talent buyers, agents, making

phone calls with Defendants unlawful claims, and otherwise interfering with
Plaintiff's contracts as set forth in Counts 1, 2, 3,4, and 5, and interfering with
Plaintiff's prospective contracts as set forth in 6, 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.
e.
The unauthorized pointing of thegapband.com and gapband.com domain
names to Charlie Wilson's web site to create confusion that Charlie Wilson's
solo career web site and THE GAP BAND are one in the same.
f.
The unauthorized pointing of thegapband.com and gapband.com domain
names to Charlie Wilson's solo career site unlawfully diverts, usurps and
converts business to Defendants.
173.
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.
174.
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).
Page 36
175.
The Defendants' violation has been and remains willful, intentional and deliberate.
176.
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.
177.
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.
178.
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 10 ANTICYBERSQUATTING BY DEFENDANTS

CHARLIE WILSON, MICHAEL PARAN AND P MUSIC GROUP
179.
180.
The domain names thegapband.com and gapband.com registrant information is
Michael Paran. The Registrant Organization Name is Michael Paran.

181.
Defendants Charlie Wilson, Michael Paran and P Music Group trafficked in or used
and are using the domain name thegapband.com and gapband.com.
Plaintiffs Original Complaint and Jury Demand - Page 37
182.
The domain names thegapband.com and gapband.com are identical or confusingly
similar to Plaintiff's protected mark owned by Plaintiff.

183.
Upon information and belief, Defendants have a bad faith intent to profit from the use
of the Internet domain names tbegapband.com and gapband.com by creating an

unlawful association with Plaintiff's famous THE GAP BAND trademark as to source
or sponsorship.
184.
The Defendants' diversion of the domain names thegapband.com and gapband.com

to Charlie Wilson's solo career web site domain, charliewilsonmusic.eom, was done
by Defendants in bad faith with intent to profit from the goodwill associated with
THE GAP BAND trademark.
185.
The Defendants' use ofthegapband.com and gapband.com domain names has caused
confusion, is identical to Plaintiffs mark, and dilutes the distinctive quality of
Plaintiff's famous THE GAP BAND trademark.

186.
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.
187.
Defendants have used the domain names thegapband.com and gapband.com to

promote Defendants' agenda and to divert consumers to Charlie Wilson's 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 Wilson's solo career web site.
Page 38
188.
Plaintiff has been damaged by Defendants' unlawful use of the thegapband.com and
gapband.com domain names and will suffer irreparable harm.
189.
Defendants' acts, as aforesaid, are in violation of the Anticybersquatting Consumer

Protection Act under Section 43(d) of the Lanham Act,
190.
15
U.S.C.
1125(d).
Defendant's 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.

191.
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 Plaintiff's costs and reasonable attorneys' fees pursuant to 15
U.S.C.
1117(a).
VI. PUNITIVE DAMAGES

192.
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
193.
Plaintiff seeks recovery of:

a.
Lost profits and lost valuable goodwill;
b.
All of Plaintiff's general, actual, special and consequential damages;
Page 39
194.
c.
Costs of court;
d.
Attorneys' fees as provided by law;
e.
Pre- and post-judgment interest as allowed by law; and
f.
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
195.
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
196.
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 defendant' profits, all damages sustained by Ronnie Wilson, the
costs ofthis action, and reasonable attorneys' fees, and damages resulting from
the tortious conduct for which Defendants are liable;
Page 40
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 1CM and P Music
Group and Michael Paran represent THE GAP BAND in any capacity
whatsoever and;
d.
Granting such other and further relief as to this Court deems just and proper.
e.
That judgment be entered for Plaintiff against Defendants for three times the
amount of actual damages sustained;
f.
That all Defendants shall be held jointly and severally liable for all damages,
costs, and attorneys' fees assessed against them;
g.
That Plaintiff recover special and exemplary damages;
h.
That Plaintiff recover from Defendants all costs of Court and attorneys' fees;
i.
That Plaintiff be awarded pre- and post-judgment interest at the highest legal
rate; and
j.
That Plaintiff receives such other relief as the Court may deem just and proper
under law or equity.

Dated: November 20, 2015
Page 41
Respectfully submitted,
/2ec
,?4;
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
Page 42

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Case 5:15-cv-01024-XR Document 1 Filed 11/20/15 Page 1 of 42

IN THE UNITED STATES DISTRICT COURT

RONNIE JAMES WILSON,

CIVIL ACTION NO.

JURY TRIAL DEMAND

CHARLES KENT WILSON, a/k/a

PLAINTIFF'S ORIGINAL COMPLAINT AND JURY DEMAND

Plaintiff's Original Complaint and Jury Demand

Case 5:15-cv-01024-XR Document 1 Filed 11/20/15 Page 2 of 42

trademark in connection with live musical performances and receipt of digital

Robert Wilson, Plaintiff's youngest brother, joined THE GAP BAND.

were on sale to the

Plaintiff's Original Complaint and Jury Demand

Case 5:15-cv-01024-XR Document 1 Filed 11/20/15 Page 3 of 42

greatly injured by Defendants' acts.

Defendant Charles Kent Wilson alkla Charlie Wilson ("Charlie Wilson") an

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

Plaintiff's Original Complaint and Jury Demand - Page 3

Case 5:15-cv-01024-XR Document 1 Filed 11/20/15 Page 4 of 42

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

Defendant International Creative Management Partners, LLC ("1CM"), is and at all

through 5, inclusive, and therefore sues these Defendants by such fictitious

Plaintiff's Original Complaint and Jury Demand

Case 5:15-cv-01024-XR Document 1 Filed 11/20/15 Page 5 of 42

III. JURISDICTION AND VENUE

there is complete diversity of parties and more than $75,000 in controversy. 28

of the Lanham Act,

15 U.S.C. 1125(a) and (d), and Section 39

of the Lanham Act,

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 Plaintiff's claims occurred or a

Plaintiff Ronnie Wilson resides in the Western District of Texas.

Plaintiff's Original Complaint and Jury Demand

Case 5:15-cv-01024-XR Document 1 Filed 11/20/15 Page 6 of 42

performances; compact discs featuring music. Exhibit

t-shirts and sweatshirts. Exhibit 2.

Plaintiff's Original Complaint and Jury Demand - Page 6

Case 5:15-cv-01024-XR Document 1 Filed 11/20/15 Page 7 of 42

THE GAP BAND's Formation and History

Roscoe Smith, Ray D. Rowe, Odell Stokes and Tommy Lokey.

became known in 1968 as THE GAP BAND.

acknowledged by Charlie Wilson in multiple interviews, including a 2011 interview

BAND in the early 70's" and in the television show, The

in July, 2015 interview

Plaintiff's Original Complaint and Jury Demand

Case 5:15-cv-01024-XR Document 1 Filed 11/20/15 Page 8 of 42

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

THE GAP BAND's Distinctive Sound

Plaintiff's Original Complaint and Jury Demand Page

published 2015 by Simon &

Case 5:15-cv-01024-XR Document 1 Filed 11/20/15 Page 9 of 42

Schuster, Inc., Copyright 2015 by Pacific Coast Pirate Company,

Wilson, at pg. 138. Exhibit 3.

of which were performed and recorded by THE GAP BAND.

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

Plaintiff's Original Complaint and Jury Demand - Page 9

Case 5:15-cv-01024-XR Document 1 Filed 11/20/15 Page 10 of 42

Plaintiff's Original Complaint and Jury Demand

Case 5:15-cv-01024-XR Document 1 Filed 11/20/15 Page 11 of 42

that his brothers never agreed to allow

Plaintiff's Original Complaint and Jury Demand Page

Case 5:15-cv-01024-XR Document 1 Filed 11/20/15 Page 12 of 42