National Academy of Recording Arts and Sciences, Inc. v. Hollywood Entertainment Group LLC et al

Filing 34

AMENDED PRELIMINARY INJUNCTION AND SETTING TIME FOR DEFENDANT BANASZEWSKI'S DEPOSITION by Judge Margaret M. Morrow. (ah)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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NATIONAL ACADEMY OF
11 RECORDING ARTS & SCIENCES,
INC., a Delaware corporation,
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Plaintiff,
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v.
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HOLLYWOOD ENTERTAINMENT
15 GROUP LLC, a Nevada Limited
Liability Company, d/b/a VIP
16 CONCIERGE, INC.; and CRAIG
BANASZEWSKI, an individual,
17
Defendants.
18

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Case No. 2:15-cv-00594 MMM (MANx)
AMENDED ORDER ENTERING
STIPULATED PRELIMINARY
INJUNCTION AND SETTING TIME
FOR DEFENDANT CRAIG
BANASZEWSKI’S DEPOSITION

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[PROPOSED] ORDER REGARDING PRELIMINARY INJUNCTION AND TIMING OF DEPOSITION OF
DEFENDANT CRAIG BANASZEWSKI (CASE NUMBER 2:15-cv-00594 MMM (MANx))

1

THIS MATTER comes before the Court upon the Stipulation of Plaintiff

2 National Academy of Recording Arts & Sciences, Inc. (“The Recording Academy®”
3 or “Plaintiff”) and defendants Hollywood Entertainment Group LLC d/b/a VIP
4 Concierge, Inc. and Craig Banaszewski (“VIP Concierge” and “Banaszewski,”
5 collectively “Defendants”) for entry of a stipulated preliminary injunction order
6 (“Order”). Plaintiff and Defendants may be referred to herein as the “Parties.”
7

Having considered the Complaint, Answer and the Stipulation of the Parties

8 in this action, the Court finds that:
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1. The Parties have stipulated and agreed to the entry of this Order.

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2. In agreeing to this Order, Defendants do not admit wrongdoing or

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violation of law.
3. The Defendants waive all rights to seek judicial review or otherwise

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challenge or contest the validity of their Stipulation hereto or this Order.

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4. This Court has jurisdiction over the subject matter of this case and over all

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parties hereto, and venue in this district is proper.

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5. The entry of this Order is in the public interest.

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6. Pursuant to the Parties’ agreement, no security shall be required for the

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issuance of this Order.

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ORDER
IT IS THEREFORE ORDERED that, Defendants, and each of Defendants’

21 respective agents, servants, employees, successors and assigns, and all those acting
22 in concert or participation with any such persons, are hereby preliminarily enjoined
23 and through trial from engaging in, or assisting others in engaging in, the following
24 conduct:
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a. Purchasing, selling or transferring, attempting to purchase, sell or

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transfer or soliciting the purchase, sale or transfer of, any ticket,

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badge, credential or anything entitling access to any future

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Error! Unknown
document property

1
[PROPOSED] ORDER REGARDING PRELIMINARY INJUNCTION AND TIMING OF DEPOSITION OF
DEFENDANT CRAIG BANASZEWSKI (CASE NUMBER 2:15-cv-00594 MMM (MANx))

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GRAMMY Awards ceremony of The Recording Academy,

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restricted members only seating at the Latin GRAMMY Awards

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ceremony of the Latin Academy of Recording Arts & Sciences, Inc.

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(“The Latin Recording Academy”), and/or the following private

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pre- and post-ceremony events sponsored by or affiliated with The

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Recording Academy, The Latin Recording Academy, the

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GRAMMY Foundation and/or the MusiCares Foundation: The

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Recording Academy’s official GRAMMY after-party, The Latin

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Recording Academy’s official Latin GRAMMY after-party, the

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MusiCares Person of the Year event, the Clive Davis pre-

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GRAMMY Awards party (also known as the pre-GRAMMY Gala),

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the Entertainment Law Initiative Luncheon, the Music Preservation

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Project event, GRAMMY Camp – Basic Training, the Special Merit

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Awards Ceremony & Nominees Reception, and restricted members-

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only seating at GRAMMY Salute or other GRAMMY-branded

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special events;

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b. Offering to perform, attempting to perform, or performing any act as

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an intermediary, broker or middleman relating to the purchase, sale

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or transfer of tickets, badges, credentials or anything entitling access

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to any future GRAMMY Awards ceremony of The Recording

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Academy, restricted members only seating at the Latin GRAMMY

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Awards ceremony of The Latin Recording Academy, and/or the

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following private pre- and post-ceremony events sponsored by or

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affiliated with The Recording Academy, The Latin Recording

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Academy, the GRAMMY Foundation and/or the MusiCares

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Foundation: The Recording Academy’s official GRAMMY after-

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party, The Latin Recording Academy’s official Latin GRAMMY

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Error! Unknown
document property

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[PROPOSED] ORDER REGARDING PRELIMINARY INJUNCTION AND TIMING OF DEPOSITION OF
DEFENDANT CRAIG BANASZEWSKI (CASE NUMBER 2:15-cv-00594 MMM (MANx))

1

after-party, the MusiCares Person of the Year event, the Clive Davis

2

pre-GRAMMY Awards party (also known as the pre-GRAMMY

3

Gala), the Entertainment Law Initiative Luncheon, the Music

4

Preservation Project event, GRAMMY Camp – Basic Training, the

5

Special Merit Awards Ceremony & Nominees Reception, and

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restricted members-only seating at GRAMMY Salute or other

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GRAMMY-branded special events;

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9

c. Advertising or publishing any offer to purchase, sell, transfer or
broker, or to otherwise act as an intermediary, broker or middleman,

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relating to the purchase, sale or transfer of tickets, badges,

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credentials or anything entitling access to any future GRAMMY

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Awards ceremony of The Recording Academy, restricted members

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only seating at the Latin GRAMMY Awards ceremony of The Latin

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Recording Academy, and/or the following private pre- and post-

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ceremony events sponsored by or affiliated with The Recording

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Academy, The Latin Recording Academy, the GRAMMY

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Foundation and/or the MusiCares Foundation: The Recording

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Academy’s official GRAMMY after-party, The Latin Recording

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Academy’s official Latin GRAMMY after-party, the MusiCares

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Person of the Year event, the Clive Davis pre-GRAMMY Awards

21

party (also known as the pre-GRAMMY Gala), the Entertainment

22

Law Initiative Luncheon, the Music Preservation Project event,

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GRAMMY Camp – Basic Training, the Special Merit Awards

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Ceremony & Nominees Reception, and restricted members-only

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seating at GRAMMY Salute or other GRAMMY-branded special

26

events;

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Error! Unknown
document property

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[PROPOSED] ORDER REGARDING PRELIMINARY INJUNCTION AND TIMING OF DEPOSITION OF
DEFENDANT CRAIG BANASZEWSKI (CASE NUMBER 2:15-cv-00594 MMM (MANx))

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d. Gaining or attempting to gain unauthorized access to any future

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GRAMMY Awards ceremony of The Recording Academy or

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restricted members only seating at the Latin GRAMMY Awards

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ceremony of The Latin Recording Academy, and/or the following

5

private pre- and post-ceremony events sponsored by or affiliated

6

with The Recording Academy, The Latin Recording Academy, the

7

GRAMMY Foundation and/or the MusiCares Foundation: The

8

Recording Academy’s official GRAMMY after-party, The Latin

9

Recording Academy’s official Latin GRAMMY after-party, the

10

MusiCares Person of the Year event, the Clive Davis pre-

11

GRAMMY Awards party (also known as the pre-GRAMMY Gala),

12

the Entertainment Law Initiative Luncheon, the Music Preservation

13

Project event, GRAMMY Camp – Basic Training, the Special Merit

14

Awards Ceremony & Nominees Reception, and restricted members-

15

only seating at GRAMMY Salute or other GRAMMY-branded

16

special events;

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e. Participating in, aiding or facilitating, or attempting to participate in,

18

aid or facilitate, any effort by any person to gain unauthorized

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access to any future GRAMMY Awards ceremony of The

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Recording Academy, restricted members only seating at the Latin

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GRAMMY Awards ceremony of The Latin Recording Academy,

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and/or the following private pre- and post-ceremony events

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sponsored by or affiliated with The Recording Academy, The Latin

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Recording Academy, the GRAMMY Foundation and/or the

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MusiCares Foundation: The Recording Academy’s official

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GRAMMY after-party, The Latin Recording Academy’s official

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Latin GRAMMY after-party, the MusiCares Person of the Year

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Error! Unknown
document property

4
[PROPOSED] ORDER REGARDING PRELIMINARY INJUNCTION AND TIMING OF DEPOSITION OF
DEFENDANT CRAIG BANASZEWSKI (CASE NUMBER 2:15-cv-00594 MMM (MANx))

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event, the Clive Davis pre-GRAMMY Awards party (also known as

2

the pre-GRAMMY Gala), the Entertainment Law Initiative

3

Luncheon, the Music Preservation Project event, GRAMMY Camp

4

– Basic Training, the Special Merit Awards Ceremony & Nominees

5

Reception, and restricted members-only seating at GRAMMY

6

Salute or other GRAMMY-branded special events;

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f. Receiving any compensation, whether in money, in kind or

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otherwise, for any of the acts described in paragraphs (a) through (e)

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above;

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g. Using or displaying for any purpose any registered mark, or any

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depiction, image, photograph, picture, illustration or other visual

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representation containing any registered mark, which is owned by

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The Recording Academy, The Latin Recording Academy and/or any

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of their respective affiliates, including without limitation the

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GRAMMY Foundation and/or the MusiCares Foundation, and

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which is specified (i) at ¶ 35 of the Complaint in this action (the

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MUSIC’S BIGGEST NIGHT mark); (ii) at ¶ 36 of the Complaint in

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this action (the Gramophone Logo, the registration of which is

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Exhibit G to the Complaint); and/or (iii) on Exhibit 1 attached to the

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Order Entering Stipulated Preliminary Injunction and Setting Time

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for Defendant Craig Banaszewski’s Deposition; and

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h. Using or displaying for any purpose any copyright-protected

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material, or any depiction, image, photograph, picture, illustration or

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other visual representation containing any copyright-protected

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material, which is owned by The Recording Academy, The Latin

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Recording Academy and/or any of their respective affiliates,

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including without limitation the GRAMMY Foundation and/or the

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Error! Unknown
document property

5
[PROPOSED] ORDER REGARDING PRELIMINARY INJUNCTION AND TIMING OF DEPOSITION OF
DEFENDANT CRAIG BANASZEWSKI (CASE NUMBER 2:15-cv-00594 MMM (MANx))

1

MusiCares Foundation, and which is specified (i) at ¶ 37 of the

2

Complaint in this action (the Gramophone Logo); or (ii) at ¶ 39 of

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the Complaint in this action (the GRAMMY Photographs, which are

4

Exhibits H, I, J, K, L and M to the Complaint).

5 For the avoidance of doubt and the purpose of clarification (and it being understood
6 that Plaintiff reserves all rights with respect to the following activities), nothing
7 contained herein shall prohibit Defendants (and/or any of Defendants’ respective
8 agents, servants, employees, successors and assigns, or those acting in concert or
9 participation with any such persons) from:
10

i.

Engaging in any of the acts described in paragraphs (a) through (f) above with

11

respect to seating at the Latin GRAMMY Awards ceremony of the Latin

12

Recording Academy, which is not restricted members-only seating;

13

ii.

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Using or displaying the words “Latin GRAMMY Awards” to engage in the
acts described in paragraph (i) above; and/or

iii.

Engaging in any of the acts described in paragraphs (a) through (f) above with

16

respect to events not enumerated therein.

17

IT IS FURTHER ORDERED that the deposition of Defendant Craig

18 Banaszewski shall commence, at a mutually agreed time, on or within three days of
19 February 9, 2016 (and shall continue day to day until complete); provided, however,
20 that in the event Defendant Banaszewski submits a declaration, affidavit or other
21 sworn statement in this matter prior to February 9, 2016, Defendants shall be
22 entitled to depose Mr. Banaszewski prior to February 9, 2016 regarding the matters
23 relating thereto.
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25 //
26 //
27 //
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Error! Unknown
document property

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[PROPOSED] ORDER REGARDING PRELIMINARY INJUNCTION AND TIMING OF DEPOSITION OF
DEFENDANT CRAIG BANASZEWSKI (CASE NUMBER 2:15-cv-00594 MMM (MANx))

1

IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this

2 matter for all purposes of construction, modification, and enforcement of this Order.
3 DATED: _August 6, 2015
4

SO ORDERED

5

Hon. Margaret M. Morrow
United States District Judge

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Error! Unknown
document property

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[PROPOSED] ORDER REGARDING PRELIMINARY INJUNCTION AND TIMING OF DEPOSITION OF
DEFENDANT CRAIG BANASZEWSKI (CASE NUMBER 2:15-cv-00594 MMM (MANx))

EXHIBIT 1

TRADEMARK/
SERVICE MARK
ARCHITECTS OF SOUND

REGISTRATION OR
APPLICATION NO(S).

DESIGN (IF
APPLICABLE)

4,669,897
4,702,278

BE A PART OF THE HEART

4,126,632

BUSINESS, BEATS &
INSPIRATION

4,286,268

CAPITOL TRACKS

3,227,589

COUNTRY MUSIC`S BIGGEST
NIGHT

3,436,008

ENTERTAINMENT LAW
INITIATIVE

3,630,823

4,286,266

3,915,250
FEEL THE POWER OF MUSIC

3,958,236
4,161,539

FUNDAÇÃO CULTURAL LATIN
GRAMMY (and design)
Portuguese version

86/609,070
86/609,028

FUNDAÇÃO CULTURAL LATIN
GRAMMY (Portuguese version)

86/344,871

FUNDACIÓN CULTURAL LATIN
GRAMMY (and design) Spanish
Version

86/609,084

FUNDACIÓN CULTURAL LATIN
GRAMMY (Spanish version)

86/344,858

GRAMMIUM

4,646,756

86/344,867

86/609,095

86/344,864

1
EXHIBIT 1 TO ORDER REGARDING PRELIMINARY INJUNCTION AND TIMING OF DEPOSITION OF
DEFENDANT CRAIG BANASZEWSKI (CASE NUMBER 2:15-cv-00594 MMM (MANx))

TRADEMARK/
SERVICE MARK

REGISTRATION OR
APPLICATION NO(S).

DESIGN (IF
APPLICABLE)

3,897,969
1,865,177
3,584,791
3,202,214
GRAMMY

4,368,858
4,609,970
3,202,216
887,642
2,332,258
3,202,215

GRAMMY AMPLIFIER
GRAMMY ARTISTS REVEALED

4,432,566
4,432,567
3,905,148
3,202,217
3,251,375

GRAMMY AWARDS

3,202,218
3,655,981
2,827,248
86/421,747
86/421,742

GRAMMY AWARDS PREMIERE
CEREMONY

86/421,723
86/421,737
86/421,703
86/421,727

GRAMMY BLOCK PARTY
GRAMMY CAMP

3,683,193
3,726,688
3,068,321
2

EXHIBIT 1 TO ORDER REGARDING PRELIMINARY INJUNCTION AND TIMING OF DEPOSITION OF
DEFENDANT CRAIG BANASZEWSKI (CASE NUMBER 2:15-cv-00594 MMM (MANx))

TRADEMARK/
SERVICE MARK

REGISTRATION OR
APPLICATION NO(S).

GRAMMY CELEBRATION

3,630,822

GRAMMY CREATORS
ALLIANCE

DESIGN (IF
APPLICABLE)

86/472,738

GRAMMY EXPERIENCE

4,664,364
4,675,957

GRAMMY FOUNDATION

2,583,348

GRAMMY GALLERY

86/524,160

GRAMMY GLAM

4,360,630
4,360,629
3,122,166

GRAMMY HALL OF FAME

2,500,319
3,160,983

GRAMMY IN THE SCHOOLS
GRAMMY LABEL

2,364,216
85/661,536
85/661,539

GRAMMY LEGEND AWARDS

2,046,118

GRAMMY LIVE

4,221,408
3,568,414

GRAMMY MUSEUM

3,911,527
3,904,794

3
EXHIBIT 1 TO ORDER REGARDING PRELIMINARY INJUNCTION AND TIMING OF DEPOSITION OF
DEFENDANT CRAIG BANASZEWSKI (CASE NUMBER 2:15-cv-00594 MMM (MANx))

TRADEMARK/
SERVICE MARK

REGISTRATION OR
APPLICATION NO(S).

DESIGN (IF
APPLICABLE)

3,901,082
GRAMMY MUSEUM (and design)

3,570,669
3,894,410

GRAMMY MUSEUM DESIGN

3,570,670

GRAMMY MUSICTECH SUMMIT 3,638,305
GRAMMY ON THE HILL
DESIGN (U.S. Capitol
dome/gramophone

3,606,045

in circle)
86/248,033
86/248,041
GRAMMY PREMIERE
CEREMONY

86/248,030
86/248,035
86/248,023
86/248,012
86/421,732

GRAMMY PRESENTS

86/421,711
86/421,714
86/421,721
4

EXHIBIT 1 TO ORDER REGARDING PRELIMINARY INJUNCTION AND TIMING OF DEPOSITION OF
DEFENDANT CRAIG BANASZEWSKI (CASE NUMBER 2:15-cv-00594 MMM (MANx))

TRADEMARK/
SERVICE MARK
GRAMMY PRO

REGISTRATION OR
APPLICATION NO(S).

DESIGN (IF
APPLICABLE)

4,645,914
85/912,241

GRAMMY RADIO

4,361,506

GRAMMY RECORDINGS

3,055,518

GRAMMY SALUTE TO CHINA

86/456,017

GRAMMY SALUTE TO
CLASSICAL MUSIC

3,697,928

GRAMMY SALUTE TO
COUNTRY MUSIC

3,829,451

GRAMMY SALUTE TO
COUNTRY MUSIC (stylized)

3,829,458

GRAMMY SALUTE TO FASHION 3,630,825
GRAMMY SALUTE TO GOSPEL
MUSIC

3,630,827

GRAMMY SALUTE TO
INDUSTRY ICONS

3,630,826

GRAMMY SALUTE TO JAZZ

3,697,929

GRAMMY SHOWCASE

3,055,519

GRAMMY SOUNDCHECKS

3,746,131

GRAMMY SOUNDTABLES

3,068,332

GRAMMY STYLE STUDIO

3,068,331

GRAMMY U
GRAMMY U AMPLIFIED

3,732,398
3,732,397
4,542,014
5

EXHIBIT 1 TO ORDER REGARDING PRELIMINARY INJUNCTION AND TIMING OF DEPOSITION OF
DEFENDANT CRAIG BANASZEWSKI (CASE NUMBER 2:15-cv-00594 MMM (MANx))

TRADEMARK/
SERVICE MARK

REGISTRATION OR
APPLICATION NO(S).

DESIGN (IF
APPLICABLE)

3,533,791
GRAMMY U EDUCATE.
CREATE. INSPIRE. (and design)

3,533,789
3,533,787

GRAMMY UNIVERSITY
NETWORK
GRAMMY365

3,533,786
3,533,790
3,819,632
3,819,631

GRAMMYS

2,630,880

GRAMMYS ON THE HILL

3,129,764

HEART W/MUSIC NOTE DESIGN

2,764,001

IN THE MIX

3,126,624

LA ACADEMIA LATINA DE LA
GRABACION

3,066,078
2,819,093

LATIN GRAMMY

3,274,996
4,149,419
2,723,879

LATIN GRAMMY AWARDS

86/469,779

LATIN GRAMMY CULTURAL
FOUNDATION

4,739,988
4,739,987
6

EXHIBIT 1 TO ORDER REGARDING PRELIMINARY INJUNCTION AND TIMING OF DEPOSITION OF
DEFENDANT CRAIG BANASZEWSKI (CASE NUMBER 2:15-cv-00594 MMM (MANx))

TRADEMARK/
SERVICE MARK

LATIN GRAMMY CULTURAL
FOUNDATION (and design)

REGISTRATION OR
APPLICATION NO(S).

DESIGN (IF
APPLICABLE)

86/296,041
86/296,049

86/439,426
86/439,421
LATIN GRAMMY PREMIERE

86/439,425
86/439,434
86/439,430
86/439,429

MAP FUND

3,151,083

MODERN REVERSE
GRAMOPHONE DESIGN

1,944,354

MODERN SILHOUETTE
GRAMAPHONE DESIGN

3,055,517

MUSIC MAKES ME

85/894,052

MUSIC REVOLUTION PROJECT

4,532,155

7
EXHIBIT 1 TO ORDER REGARDING PRELIMINARY INJUNCTION AND TIMING OF DEPOSITION OF
DEFENDANT CRAIG BANASZEWSKI (CASE NUMBER 2:15-cv-00594 MMM (MANx))

TRADEMARK/
SERVICE MARK

REGISTRATION OR
APPLICATION NO(S).

MUSIC SPEAKS VOLUMES

85/818,856

MUSIC`S BIGGEST NIGHT

DESIGN (IF
APPLICABLE)

3,089,285
3,151,010
3,420,650

MUSICARES

3,786,977
1,665,539

86/437,071
MUSICARES FOR MUSIC
PEOPLE

86/437,060
4,755,644
4,755,650

MUSICARES FOUNDATION

3,153,839
3,162,302
3,971,855

MUSICARES MAP FUND

3,971,858
3,971,856
3,971,857

NATIONAL ACADEMY OF
RECORDING ARTS & SCIENCES

1,139,523
3,634,596

PRODUCERS & ENGINEERS
WING

3,634,594
3,634,595
3,634,597

8
EXHIBIT 1 TO ORDER REGARDING PRELIMINARY INJUNCTION AND TIMING OF DEPOSITION OF
DEFENDANT CRAIG BANASZEWSKI (CASE NUMBER 2:15-cv-00594 MMM (MANx))

TRADEMARK/
SERVICE MARK

REGISTRATION OR
APPLICATION NO(S).

DESIGN (IF
APPLICABLE)

3,111,649
PRODUCERS & ENGINEERS
WING (and design)

3,097,843
3,097,842
3,095,380

RECORDING ARTISTS'
COALITION

3,776,889
1,675,416
1,018,537

REFRESHED GRAMOPHONE
DESIGN

1,704,527
3,955,966
3,742,176
2,761,514
3,923,021

REFRESHED LATIN
GRAMOPHONE DESIGN (B/W)

4,005,739
2,475,524
2,831,457

REFRESHED LATIN
GRAMOPHONE DESIGN (RED)

SAFE HARBOR ROOM
THE BIGGEST NIGHT IN LATIN
MUSIC

3,925,299

2,996,309
3,115,600
4,556,741
9

EXHIBIT 1 TO ORDER REGARDING PRELIMINARY INJUNCTION AND TIMING OF DEPOSITION OF
DEFENDANT CRAIG BANASZEWSKI (CASE NUMBER 2:15-cv-00594 MMM (MANx))

TRADEMARK/
SERVICE MARK
THE LATIN ACADEMY OF
RECORDING ARTS & SCIENCES

REGISTRATION OR
APPLICATION NO(S).

DESIGN (IF
APPLICABLE)

3,418,163

THE LATIN RECORDING
ACADEMY

2,836,039

THE POWER OF MUSIC

85/818,860

3,677,848

3,720,052
THE RECORDING ACADEMY

3,150,567
1,239,821

THE RECORDING ACADEMY
HONORS

3,254,822

TRADITIONAL GRAMOPHONE
DESIGN

3,068,324

TRADITIONAL OUTLINED
GRAMOPHONE STATUETTE
DESIGN

2,831,458

86/324,773
WHERE MUSIC SPARKS
AMAZING

86/324,765
86/324,783

10
EXHIBIT 1 TO ORDER REGARDING PRELIMINARY INJUNCTION AND TIMING OF DEPOSITION OF
DEFENDANT CRAIG BANASZEWSKI (CASE NUMBER 2:15-cv-00594 MMM (MANx))