New case 1 Complaint.pdf
Case 2:13-cv-00352-JCM-VCF Document 1
tracks is a false designation of origin.
King’s tracks are also counterfeits of genuine SOUND CHOICE-
A customer or patron of King, when confronted with the display of
the Sound Choice Marks at one of her shows, is likely to be confused into
believing, falsely, that Slep-Tone created the tracks in use or authorized their
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As such, the placement of the Sound Choice Marks upon King’s
HARRINGTON LAW, P.C.
Filed 03/01/13 Page 7 of 13
King’s use of these counterfeit tracks is commercial in nature because
she is paid to provide access to and play these counterfeit tracks at karaoke shows.
Additionally, even if the counterfeit tracks are not played at a show,
the act of making those tracks available for play at a show is a commercial act that
inures to King’s benefit.
King’s piracy of accompaniment tracks is not limited to Slep-Tone’s
tracks, but extends to the piracy of numerous other manufacturers’ tracks as well,
on the same terms as above.
Any rights, privileges, or defenses that King may have had by virtue
of her purchase—if any—of original SOUND CHOICE media were forfeited by
her sale of those media in the secondary market.
King was warned and knew, or should have known under the
circumstances, that by selling her original compact discs in the secondary market,
she was converting her business into a pirate operation.
King’s unauthorized use of the Sound Choice Marks has damaged
King has caused financial damage to Slep-Tone in an undetermined
amount believed to be at least $25,000 by virtue of her having used counterfeit