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

Filing 51

ORDER ENTERING PERMANENT INJUNCTION AGAINST DEFENDANTS AND DISMISSING ACTION WITH PREJUDICE 50 filed by Judge John F. Walter. IT IS FURTHER ORDERED that the Court hereby dismisses the action, with prejudice, upon entry of this Permanent Injunct ion, with each party to bear its/his own costs and attorneys' fees. IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this matter for all purposes of construction, modification, and enforcement of this Order. (See attached document for details.) (MD JS-6. Case Terminated) (lom)

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JS-6

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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,
12
Plaintiff,
13
v.
14
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 JFW (AFMx)
ORDER ENTERING PERMANENT
INJUNCTION AGAINST
DEFENDANTS AND DISMISSING
ACTION WITH PREJUDICE

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ORDER ENTERING PERMANENT INJUNCTION AGAINST DEFENDANTS AND DISMISSING ACTION
WITH PREJUDICE (CASE NUMBER 2:15-cv-00594 JFW (AFMx))

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 permanent injunction and
6 dismissal with prejudice (the “Order”). Plaintiff and Defendants may be referred to
7 herein as the “Parties.”
8

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

9 in this action, the Court finds that:
10

1. The Parties have stipulated and agreed to the entry of this Order.

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

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15

parties hereto, and venue in this district is proper.
4. The entry of this Order is in the public interest.

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17

ORDER
IT IS THEREFORE ORDERED, ADJUDICATED AND DECREED that,

18 a permanent injunction shall be and hereby is entered against Defendants as follows:
19

1.

20

servants, employees, successors and assigns, and all those acting in concert or

21

participation with any such persons, including any company owned or

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controlled (now or in the future) by Craig Banaszewski, are hereby

23

PERMANENTLY enjoined from engaging in, or assisting others in engaging

24

in, the following conduct:

25

Defendants, and each of Defendants’ respective officers, agents,

a. Purchasing, selling or transferring, attempting to purchase, sell or

26

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

27

badge, credential or anything entitling access to any future

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1
ORDER ENTERING PERMANENT INJUNCTION AGAINST DEFENDANTS AND DISMISSING ACTION
WITH PREJUDICE (CASE NUMBER 2:15-cv-00594 JFW (AFMx))

1

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 Latin Academy of Recording Arts & Sciences, Inc.

4

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

5

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

6

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

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

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

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Awards Ceremony & Nominees Reception, and restricted members-

15

only seating at GRAMMY Salute or other GRAMMY-branded

16

special events;

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

18

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

19

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

20

to any future GRAMMY Awards ceremony of The Recording

21

Academy, restricted members only seating at the Latin GRAMMY

22

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

23

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

24

affiliated with The Recording Academy, The Latin Recording

25

Academy, The GRAMMY Foundation and/or the MusiCares

26

Foundation: The Recording Academy’s official GRAMMY after-

27

party, The Latin Recording Academy’s official Latin GRAMMY

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2
ORDER ENTERING PERMANENT INJUNCTION AGAINST DEFENDANTS AND DISMISSING ACTION
WITH PREJUDICE (CASE NUMBER 2:15-cv-00594 JFW (AFMx))

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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

6

restricted members-only seating at GRAMMY Salute or other

7

GRAMMY-branded special events;

8
9

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

10

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

11

credentials or anything entitling access to any future GRAMMY

12

Awards ceremony of The Recording Academy, restricted members

13

only seating at the Latin GRAMMY Awards ceremony of The Latin

14

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

15

ceremony events sponsored by or affiliated with The Recording

16

Academy, The Latin Recording Academy, The GRAMMY

17

Foundation and/or the MusiCares Foundation: The Recording

18

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

19

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

20

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,

23

GRAMMY Camp – Basic Training, the Special Merit Awards

24

Ceremony & Nominees Reception, and restricted members-only

25

seating at GRAMMY Salute or other GRAMMY-branded special

26

events;

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3
ORDER ENTERING PERMANENT INJUNCTION AGAINST DEFENDANTS AND DISMISSING ACTION
WITH PREJUDICE (CASE NUMBER 2:15-cv-00594 JFW (AFMx))

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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

4

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

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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;

17

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

18

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

19

access to any future GRAMMY Awards ceremony of The

20

Recording Academy, restricted members only seating at the Latin

21

GRAMMY Awards ceremony of The Latin Recording Academy,

22

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

23

sponsored by or affiliated with The Recording Academy, The Latin

24

Recording Academy, The GRAMMY Foundation and/or the

25

MusiCares Foundation: The Recording Academy’s official

26

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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4
ORDER ENTERING PERMANENT INJUNCTION AGAINST DEFENDANTS AND DISMISSING ACTION
WITH PREJUDICE (CASE NUMBER 2:15-cv-00594 JFW (AFMx))

1

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;

7

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

8

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

9

above;

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

11

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

12

representation containing any registered mark, which is owned by

13

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

14

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

19

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

20

hereto; and

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

22

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

23

other visual representation containing any copyright-protected

24

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

25

Recording Academy and/or any of their respective affiliates,

26

including without limitation The GRAMMY Foundation and/or the

27

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

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5
ORDER ENTERING PERMANENT INJUNCTION AGAINST DEFENDANTS AND DISMISSING ACTION
WITH PREJUDICE (CASE NUMBER 2:15-cv-00594 JFW (AFMx))

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

2

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

3

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

4

2.

5

being understood that Plaintiff reserves all rights with respect to the following

6

activities), nothing contained herein shall prohibit Defendants (and/or any of

7

Defendants’ respective officers, agents, servants, employees, successors and

8

assigns, or those acting in concert or participation with any such persons)

9

from:

10

For the avoidance of doubt and the purpose of clarification (and it

a. Engaging in any of the acts described in paragraphs 1.a. through 1.f.

11

above with respect to seating at the Latin GRAMMY Awards

12

ceremony of The Latin Recording Academy, which The Latin

13

Recording Academy offers for sale to the general public;

14

b. Using or displaying the words “Latin GRAMMY Awards” to

15

engage in the acts described in paragraph 1.i. above; and/or

16
17
18

c. Engaging in any of the acts described in paragraphs 1.a. through f.
above with respect to events not enumerated therein.
IT IS FURTHER ORDERED that the Court hereby dismisses the action,

19 with prejudice, upon entry of this Permanent Injunction, with each party to bear
20 its/his own costs and attorneys’ fees.
21

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

22 matter for all purposes of construction, modification, and enforcement of this Order.
23 DATED: ___February 10, 2016
24

SO ORDERED

25

Hon. John F. Walter
United States District Judge

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ORDER ENTERING PERMANENT INJUNCTION AGAINST DEFENDANTS AND DISMISSING ACTION
WITH PREJUDICE (CASE NUMBER 2:15-cv-00594 JFW (AFMx))

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 ENTERING PERMANENT INJUNCTION AGAINST DEFENDANTS AND
DISMISSING ACTION WITH PREJUDICE (CASE NUMBER 2:15-cv-00594 JFW (AFMx))

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

3,683,193

2
EXHIBIT 1 TO ORDER ENTERING PERMANENT INJUNCTION AGAINST DEFENDANTS AND
DISMISSING ACTION WITH PREJUDICE (CASE NUMBER 2:15-cv-00594 JFW (AFMx))

TRADEMARK/
SERVICE MARK
GRAMMY CAMP

REGISTRATION OR
APPLICATION NO(S).

DESIGN (IF
APPLICABLE)

3,726,688
3,068,321

GRAMMY CELEBRATION

3,630,822

GRAMMY CREATORS
ALLIANCE

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 ENTERING PERMANENT INJUNCTION AGAINST DEFENDANTS AND
DISMISSING ACTION WITH PREJUDICE (CASE NUMBER 2:15-cv-00594 JFW (AFMx))

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

4
EXHIBIT 1 TO ORDER ENTERING PERMANENT INJUNCTION AGAINST DEFENDANTS AND
DISMISSING ACTION WITH PREJUDICE (CASE NUMBER 2:15-cv-00594 JFW (AFMx))

TRADEMARK/
SERVICE MARK

REGISTRATION OR
APPLICATION NO(S).

DESIGN (IF
APPLICABLE)

86/421,732
GRAMMY PRESENTS

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

GRAMMY PRO

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
5

EXHIBIT 1 TO ORDER ENTERING PERMANENT INJUNCTION AGAINST DEFENDANTS AND
DISMISSING ACTION WITH PREJUDICE (CASE NUMBER 2:15-cv-00594 JFW (AFMx))

TRADEMARK/
SERVICE MARK
GRAMMY STYLE STUDIO
GRAMMY U
GRAMMY U AMPLIFIED

REGISTRATION OR
APPLICATION NO(S).

DESIGN (IF
APPLICABLE)

3,068,331
3,732,398
3,732,397
4,542,014
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

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EXHIBIT 1 TO ORDER ENTERING PERMANENT INJUNCTION AGAINST DEFENDANTS AND
DISMISSING ACTION WITH PREJUDICE (CASE NUMBER 2:15-cv-00594 JFW (AFMx))

TRADEMARK/
SERVICE MARK

REGISTRATION OR
APPLICATION NO(S).

DESIGN (IF
APPLICABLE)

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

LATIN GRAMMY CULTURAL
FOUNDATION (and design)

86/296,041

4,739,987

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

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EXHIBIT 1 TO ORDER ENTERING PERMANENT INJUNCTION AGAINST DEFENDANTS AND
DISMISSING ACTION WITH PREJUDICE (CASE NUMBER 2:15-cv-00594 JFW (AFMx))

TRADEMARK/
SERVICE MARK

REGISTRATION OR
APPLICATION NO(S).

MODERN SILHOUETTE
GRAMAPHONE DESIGN

3,055,517

MUSIC MAKES ME

85/894,052

MUSIC REVOLUTION PROJECT

4,532,155

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

8
EXHIBIT 1 TO ORDER ENTERING PERMANENT INJUNCTION AGAINST DEFENDANTS AND
DISMISSING ACTION WITH PREJUDICE (CASE NUMBER 2:15-cv-00594 JFW (AFMx))

TRADEMARK/
SERVICE MARK
NATIONAL ACADEMY OF
RECORDING ARTS & SCIENCES

REGISTRATION OR
APPLICATION NO(S).

DESIGN (IF
APPLICABLE)

1,139,523
3,634,596

PRODUCERS & ENGINEERS
WING

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

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

9
EXHIBIT 1 TO ORDER ENTERING PERMANENT INJUNCTION AGAINST DEFENDANTS AND
DISMISSING ACTION WITH PREJUDICE (CASE NUMBER 2:15-cv-00594 JFW (AFMx))

TRADEMARK/
SERVICE MARK

REFRESHED LATIN
GRAMOPHONE DESIGN (RED)

SAFE HARBOR ROOM

REGISTRATION OR
APPLICATION NO(S).

DESIGN (IF
APPLICABLE)

3,925,299

2,996,309
3,115,600

THE BIGGEST NIGHT IN LATIN
MUSIC

4,556,741

THE LATIN ACADEMY OF
RECORDING ARTS & SCIENCES

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

10
EXHIBIT 1 TO ORDER ENTERING PERMANENT INJUNCTION AGAINST DEFENDANTS AND
DISMISSING ACTION WITH PREJUDICE (CASE NUMBER 2:15-cv-00594 JFW (AFMx))

TRADEMARK/
SERVICE MARK

TRADITIONAL OUTLINED
GRAMOPHONE STATUETTE
DESIGN

REGISTRATION OR
APPLICATION NO(S).

DESIGN (IF
APPLICABLE)

2,831,458

86/324,773
WHERE MUSIC SPARKS
AMAZING

86/324,765
86/324,783

11
EXHIBIT 1 TO ORDER ENTERING PERMANENT INJUNCTION AGAINST DEFENDANTS AND
DISMISSING ACTION WITH PREJUDICE (CASE NUMBER 2:15-cv-00594 JFW (AFMx))