sohmer trademark infringement complaint

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Michael D. Rounds, Esq. State Bar No. 4734 Matthew D. Francis, Esq. State Bar No. 6978 WATSON ROUNDS 5371 Kietzke Lane Reno, Nevada 89511 (775) 324-4100 Of Counsel: Daniel M. Cislo, Esq. California State Bar No. 125,378 Kelly W. Cunningham, Esq. California State Bar No. 186,229 CISLO & THOMAS LLP 1333 2nd Street, Suite 500 Santa Monica, California 90401 (310) 451-0647 Pro Hac Vice Pending Attorneys for Plaintiff SAMICK MUSIC CORPORATION

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

SAMICK MUSIC CORPORATION, a California corporation, Plaintiff, v. PERSIS INTERNATIONAL, INC., a Nevada corporation, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. VERIFIED COMPLAINT FOR: (1) FEDERAL TRADEMARK

INFRINGEMENT; (2) COMMON LAW TRADEMARK

INFRINGEMENT; (3) FEDERAL TRADEMARK DILUTION; (4) FEDERAL UNFAIR COMPETITION; (5) STATE AND COMMON LAW UNFAIR

COMPETITION JURY DEMAND

For its Complaint, Plaintiff SAMICK MUSIC CORPORATION (“Samick”) hereby

alleges and asserts as follows:

Case 3:09-cv-00197-LRH-VPC Document 1 Filed 04/15/2009 of 15

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1. This is an action for federal trademark infringement, federal unfair competition,

and federal trademark dilution in violation of the Federal Lanham Act, 15 U.S.C. § 1051, et seq.;

common law trademark infringement; and state unfair competition in violation of Cal. Bus. &

Prof. Code § 17200, et seq., against Defendant PERSIS INTERNATIONAL, INC. (“Defendant”),

for its commercial use and exploitation of Samick’s SOHMER trademarks on or in connection

with the sale of pianos. Samick hereby seeks (1) injunctive relief against Defendant’s continued

unauthorized and improper commercial use and exploitation of any trademark confusingly similar

to Samick’s SOHMER trademarks on or in connection with the sale of any musical instruments,

including pianos, or their components or accessories; and (2) all damages arising from

Defendant’s past and present infringement and reimbursement of Samick’s attorneys’ fees and

costs for having to bring this suit to enforce its trademark rights.

I. THE PARTIES

2. Samick is a California corporation with its principal place of business in Gallatin,

Tennessee.

3. Samick is informed and based thereon believes that Defendant is a Nevada

corporation with an office in Chicago, Illinois.

II. JURISDICTION AND VENUE

4. This Court has jurisdiction pursuant to 15 U.S.C. § 1121, and 28 U.S.C. §§ 1331

and 1338(a) over the federal trademark infringement and dilution claims, which arise under the

Federal Lanham Act, 15 U.S.C. §§ 1051, et seq; and has jurisdiction pursuant to 28 U.S.C. §§

1338(b) and 1367 over the state unfair competition and common law trademark infringement

claims.

5. Upon information and belief, this Court has personal jurisdiction over Defendant

since Defendant was incorporated under the laws of Nevada and thereby resides in this State.

Upon information and belief, venue is proper in the Reno Division of the District of Nevada as to

Defendant pursuant to 28 U.S.C. §§ 1391(b) and (c) Defendant was incorporated under the laws

of Nevada and is thereby resides in this State and has transacted business in this District during

times relevant to this action, including a substantial part of the events giving rise to the claims


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Samick alleges and asserts herein.

III. BACKGROUND FACTS

A. Samick’s SOHMER Trademarks and Pending Trademark Applications

6. Samick has been using the SOHMER™ trademark continuously since at least

2003 in connection with one of the highest quality lines of pianos in the world and, upon

information. Samick is informed and based thereon believes that its predecessors-in-interest have

likewise been using the SOHMER™ trademark continuously before that time since at least as

early as 1872 in connection with one of the highest quality lines of pianos in the world.

7. Samick is informed and based thereon believes that in or about 1872, Hugo

Sohmer, a German immigrant in New York founded the Sohmer & Co., Inc. and adopted and

began using the SOHMER trademark on his pianos made with the highest craftsmanship. Sohmer

& Co., Inc. changed its name to Sohmer Corporation in 1989, merged with Mason & Hamlin Co.

in 1994, and was purchased by Burgett, Inc. in 1996.

8. Samick is informed and based thereon believes that Burgett has been using the

SOHMER trademark on its pianos and related products and components therefor since at least as

early as 1996, when it acquired the SOHMER trademark, along with all of the assets of Mason &

Hamlin Co., including its original piano rim presses, the long-standing factory in Haverhill,

Massachusetts’ historic district, and a completely documented computer-based archive of the

authentic piano designs.

9. On or about 2002, Samick acquired the exclusive license to sell musical

instruments, namely pianos, using the SOHMER trademark. On March 11, 2009, Samick

acquired by assignment from Burgett, Inc. all rights, title, and interest in and to all of Burgett,

Inc.’s rights in the SOHMER trademarks and the business pertaining thereto. Accordingly, at all

times relevant to this action up until it acquired outright the foregoing SOHMER trademarks and

trademark applications, Samick was the exclusive licensee of the SOHMER trademarks.

10. Consequently and by written assignment, Samick is the current owner (by

assignment) of the following trademarks:

a. SOHMER (in stylized lettering);


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b. SOHMER (separate and apart from any particular lettering);

c. SOHMER and Shield Design with White Piano; and

d. SOHMER & CO.

These trademarks were previously registered as U.S. Trademark Registration Nos. 85,691;

119,130; 137,464; 1,786,687; but each of these registrations was subsequently deemed canceled

by United States Patent and Trademark Office due to the failure of a predecessor-in-interest to

timely file with the United States Patent and Trademark Office the necessary trademark

registration renewal papers; and

e. SOHMER and Shield Design with Black Piano;

This trademark was previously the subject of U.S. Trademark Application Serial No.

76/535,595; but this application was subsequently deemed abandoned by United States Patent and

Trademark Office due to the failure of a predecessor-in-interest to timely file with the United

States Patent and Trademark Office a response to a non-final office action.

The foregoing five (5) trademarks referenced in this paragraph are hereinafter collectively

referred to as the “SOHMER trademarks.” Attached hereto as Exhibits 1 through 5 are true and

correct copies of the Trademark Office records pertaining to these five previously registered

trademarks.

By written assignment, Samick is also the current owner and applicant of the following

federal trademark applications:

a. U.S. Trademark Application Serial No. 76/214,968 for SOHMER; and

b. U.S. Trademark Application Serial No. 76/546,304 for SOHMER &

CO.

On or about October 25, 2002, the United States Patent and Trademark Office erroneously

converted SOHMER Trademark Application Serial No. 76/214,968 to the Supplemental Register.

The United States Patent and Trademark Office ultimately reversed this error, found this

application allowable, the published it for opposition.

Samick’s two (2) pending trademark applications, Serial Nos. 76/214,968 and 76/546,304,

are hereinafter collectively referred to as the “SOHMER trademark applications.” Attached


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hereto as Exhibits 6 and 7 are true and correct copies of the Trademark Office records pertaining

to these two trademark applications.

11. Samick manufactures and sells musical instruments, namely high-end pianos, and

related products and components therefor under the SOHMER trademark. Samick has at all times

relevant to this action appropriately accompanied the SOHMER trademarks with the proper

trademark notice on all such pianos and on their labels, tags, and packaging. Samick is informed

and based thereon believes that Samick’s predecessors-in-interest also always appropriately

accompanied the SOHMER trademarks with the proper trademark notice on all such pianos and

on their labels, tags, and packaging.

12. Although the trademark registrations have expired, they constitute further

evidence, along with the chain of title for each as recorded with the United States Patent and

Trademark Office, that Samick’s current commercial use of the SOHMER trademark justifiably

relates back to 1872. In the more than 135 years since the humble beginning by Hugo Sohmer,

Samick and its predecessors-in-interest developed SOHMER into one of the most revered

trademarks in the piano market.

13. Samick currently maintains its website, www.smcmusic.com, wherein it advertises

the current well-known lines of SOHMER grand pianos. Attached hereto as Exhibit 8 are true and

correct copies of web pages from Samick’s www.smcmusic.com website showing the SOHMER

brand pianos and mark.

B. Defendant’s Infringing Use and Interference

14. Samick is informed and based thereon believes that Defendant has been and is

currently using the SOHMER mark on or in connection with the sale of pianos without any

authorization from Samick or any of Samick’s predecessors-in-interest.

15. Samick is informed and based thereon believes that Defendant has offered for sale

and has made sales of pianos using the SOHMER trademark to consumers in this judicial district.

16. Samick is informed and based thereon believes that Defendant used the SOHMER

trademark in connection with pianos with full knowledge of Samick’s and Samick’s

predecessors’-in-interest ownership of and senior rights in and to the SOHMER trademark.


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17. On or about January 15, 2003, Defendant offered for sale pianos under the

SOHMER trademark at the 2003 National Association of Music Merchants (“NAMM”) trade

show in Anaheim, California, January 15-18, 2003.

18. At the NAMM trade shows, Defendant displayed to the public pianos with the

SOHMER trademark on the surface and under a large banner that included the SOHMER

trademark in prominent letters.

19. According to the trade show directory, Defendant was advertising “Sohmer & Co.

Pianos,” “Sohmer Pianos,” and “Sohmer & Son Pianos,” showing the same mailing address as

Defendant’s pending trademark application.

20. Samick is informed and based thereon believes that, on February 15, 2001, Edward

F. Richards filed a federal intent-to-use trademark application for SOHMER for pianos, which

was given U.S. Trademark Application Serial No. 76/210,248. Mr. Richards subsequently

testified in writing and under oath to the United States Patent and Trademark Office that he first

used SOHMER in commerce in connection with pianos on June 26, 2001. On or about October

8, 2002, Mr. Richards assigned his rights in the application to his company, the Defendant. On

September 26, 2002, the United States Patent and Trademark Office entered a notice of

suspension in Trademark Application Serial No. 76/210,248 pending the disposition of the above-

mentioned SOHMER Trademark Application Serial No. 76/214,968 owned by Samick. Attached

hereto as Exhibit 9 is a true and correct copy of the notice of suspension entered in this trademark

application.

21. On October 29, 2002, Samick sent a cease and desist letter to Defendant

demanding that they cease and desist from all further use of the SOHMER trademarks, and it

withdraw the improper trademark application before the United States Patent and Trademark

Office.

22. On October 19, 2004, Defendant filed a notice of opposition against Samick’s U.S.

Trademark Application Serial No. 76/214,968, which initiated Opposition Proceeding No.

91162715 before the Trademark Trial and Appeal Board. This opposition proceeding is still

pending, and consequently is preventing the federal re-registration of Samick’s U.S. Trademark


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Application Serial No. 76/214,968. The remainder of Defendant’s testimony period is scheduled

to re-open from May 5, 2009 to May 8, 2009, and Samick’s testimony period is scheduled to open

on June 7, 2009.

23. The United States Patent and Trademark Office has suspended examination of

U.S. Trademark Application Serial No. 76/546,304 pending the outcome of Defendant’s U.S.

Trademark Application Serial No. 76/210,248, which in turn is suspended pending the outcome

of Samick’s U.S. Trademark Application No. 76/214,968, the subject of Trademark Opposition

No. 91162715 initiated by Defendant before the Trademark Trial and Appeal Board. Since this

opposition proceeding is still pending, Defendant is preventing the federal re-registration of

Samick’s U.S. Trademark Application Serial No. 76/546,304 as well.

FIRST CAUSE OF ACTION

FEDERAL TRADEMARK INFRINGEMENT

24. Samick repeats and alleges each and every allegation contained in paragraphs 1

through 23 of this Complaint, and incorporates them herein as though set forth in full.

25. This claim is against Defendant for trademark infringement in violation of Section

43(a) of the Lanham Act, 15 U.S.C. § 1125(a).

26. Samick is informed and based thereon alleges that Defendant has used, is using,

and intends to continue using now and in the future in commerce the term SOHMER as a

trademark for sales of pianos in such as way as will likely cause confusion or mistake, or will

likely deceive the public in relation to their products being associated or identified or being the

same as those of Samick.

27. Samick never consented to or authorized Defendant’s adoption or commercial use

of the SOHMER trademarks for sales of the aforementioned products. Defendant therefore has

infringed and is infringing the SOHMER trademarks in violation of Section 43(a) of the Lanham

Act, 15 U.S.C. § 1125(a).

28. The Ninth Circuit considers the following non-exclusive factors to determine

whether there is a likelihood of confusion: similarity of the marks; similarity of the products or

services; similarity of the marketing channels used; and likelihood of expansion in product lines;


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strength of plaintiff’s mark; defendant's intent in selecting its mark; likely degree of care of

purchasers; and evidence of actual confusion.

29. The SOHMER trademarks are very strong after years of successful marketing,

significant sales volume, critical acclaim, and widespread public recognition. Defendant likewise

sells pianos under the SOHMER trademarks and shares such similar marketing channels as to

cause a likelihood of confusion. These factors indicate that Defendant adopted the SOHMER

trademark intending to ride on the goodwill and reputation of Samick and its predecessors-in-

interest.

30. Samick is informed and based thereon alleges that, at all times relevant to this

action, including when Defendant first adopted the SOHMER trademarks and commenced their

commercial use of the mark on pianos, Defendant knew of the prior adoption and widespread

commercial use of the SOHMER trademarks on pianos that Samick presently owns and knew of

the valuable goodwill and reputation acquired by Samick in connection with the SOHMER

trademarks and products. Defendant’s infringement of the SOHMER trademarks is therefore

willful and deliberate.

31. Samick has no control over the composition and quality of the infringing pianos

sold by Defendant. Samick is informed and believes and on that basis alleges that Defendant’s

use of the SOHMER trademarks has caused confusion and mistake and the deception of

purchasers as to the source of origin of Defendant’s infringing products. Because of the

confusion as to the source engendered by Defendant’s unauthorized use of the SOHMER

trademarks, Samick’s valuable goodwill developed at great expense and effort by Samick is being

harmed and at risk of further damage.

32. The goodwill of Samick’s business under the SOHMER trademarks is of

enormous value, and Samick will suffer irreparable harm should Defendant’s infringement be

allowed to continue to the great detriment of its reputation and goodwill. Defendant’s

infringement will continue unless enjoined.

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SECOND CAUSE OF ACTION

COMMON LAW TRADEMARK INFRINGEMENT



34. This claim is against Defendant for common law trademark infringement.

35. In addition to the federal registrations owned by Samick as set forth above, Samick

owns and uses the SOHMER trademarks and enjoys common law rights in California and

throughout the United States in and to the SOHMER trademarks on the goods set forth above, and

thus these rights are senior and superior to any rights which Defendant may claim in and to its

infringing products.

36. Defendant’s use of its SOHMER trademark is intentionally designed to mimic

Samick’s products so as to likely cause and has caused confusion regarding the source of

Defendant’s products, in that purchasers thereof will be likely to associate or have associated such

products with, as originating with, or as approved by Samick, all to the detriment of Samick.

37. Defendant’s infringement will continue unless enjoined.

THIRD CAUSE OF ACTION

FEDERAL TRADEMARK DILUTION



39. As a result of the duration and extent of use of the SOHMER trademarks, the

duration and extent of the advertising and publicity of the SOHMER trademarks, the geographical

extent of the distribution of the same, the superior quality of Samick’s products and services, and

the degree of recognition of the SOHMER trademarks, the SOHMER mark has achieved an

extensive degree of distinctiveness and is a famous trademark.

40. As a result of Defendant’s use and registration of the SOHMER mark, Defendant

is diluting the distinctive quality of SOHMER trademarks.

41. Samick will suffer irreparable harm should Defendant’s illegal acts be allowed to

continue to the great detriment of its reputation and goodwill. Defendant’s acts will continue


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unless enjoined.

FOURTH CAUSE OF ACTION

FEDERAL UNFAIR COMPETITION

IN VIOLATION OF 15 U.S.C. § 1125(a)



43. The SOHMER trademark has become uniquely associated with, and hence

identifies, Samick and its predecessors-in-interest. Defendant’s use of the SOHMER trademark

constitutes a false designation of origin, or a false representation. Further, it wrongfully and

falsely designates Defendant’s products as originating from or connected with Samick and

constitutes utilizing false descriptions or representations in interstate commerce.

44. The conduct of Defendant is likely to cause mistake, to deceive, and confuse

members of the public who would be wrongfully led to believe that Defendant is associated with

Samick, thereby depriving Samick of its valid trademark rights.

45. Samick is informed and believes that Defendant, in adopting the SOHMER

trademarks, has acted willfully and with full knowledge of Samick’s rights in the SOHMER

trademarks, and has used this false designation of origin and description in contravention of

15 U.S.C. § 1125(a).

46. The continued unauthorized use by Defendant of the confusingly similar

trademark in relation to the manufacture and sale of the pianos at issue is likely to cause

confusion and deception of the public and lead consumers and potential consumer to erroneously

associate the products of Defendant with Samick and/or to erroneously believe that the products

of Defendant are being placed upon the market with the consent and authority of Samick, as a

result of which the continue use by Defendant of the SOHMER trademarks has caused and,

unless restrained, will continue to cause serious and irreparable injury to Samick.

47. By reason of the foregoing, Samick has been injured in an amount not yet

ascertained.

///


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FIFTH CAUSE OF ACTION

STATE AND COMMON LAW UNFAIR COMPETITION



49. This claim is against Defendant for unfair competition in violation of California

Business & Professions Code, §§ 17200, 17203.

50. The SOHMER trademarks are wholly associated with Samick and its

predecessors-in-interest due to their extensive marketing efforts, sales successes, and pervasive

use thereof, and as such, Samick has developed valuable assets in the SOHMER trademarks and

its pianos sold under the SOHMER trademarks. It is only fair and legitimate that Samick be able

to continue its business without unfair, improper, unauthorized, and illegal interference by

Defendant as alleged herein.

51. Defendant’s intentional misuse of the SOHMER trademarks on pianos appears

purposefully directed at undercutting Samick’s legitimate business involving their pianos and

constitutes unfair competition in violation of the California Business and Professions Code,

§§ 17200 and 17203.

52. Samick alleges that the aforesaid acts of unfair competition undertaken by

Defendant was intentionally and knowingly performed and directed toward perpetuating a

business competing unfairly with Samick and were done with a willful disregard for the rights of

Samick.

53. By reason of Defendant’s acts of unfair competition, Samick has suffered and will

continue to suffer irreparable injury unless and until this Court enters an order enjoining

Defendant from any further acts of unfair competition. Defendant continuing acts of unfair

competition, unless enjoined, will cause irreparable damage to Samick in that it will have no

adequate remedy at law to compel Defendant to cease such acts, and no way to determine its

losses proximately caused by such acts of Defendant. Samick will also be compelled to prosecute

a multiplicity of actions, one action each time Defendant commits such acts, and in each such

action it will still be extremely difficult to ascertain the amount of compensation which will


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afford Samick adequate relief. Samick is therefore entitled to a preliminary injunction and a

permanent injunction against further infringing conduct by Defendant.

54. As a direct and proximate result of the aforesaid acts of unfair competition,

Defendant has wrongfully taken Samick’s profits and the benefit of their creativity and

investment of time, energy and money. Defendant should therefore disgorge all profits from the

sale of infringing products and further should be ordered to perform full restitution to Samick as a

consequence of Defendant’s infringing activities.

55. Samick is informed and believe that the use of the SOHMER trademarks by

Defendant was willful and with full knowledge of the unauthorized usage thereof.

56. In doing the acts hereinabove alleged, Defendant has acted fraudulently,

oppressively, and maliciously, and will continue to so act unless enjoined.

PRAYER FOR RELIEF

WHEREFORE, Samick prays for:

1. An order permanently enjoining Defendant, its officers, agents, servants,

employees, attorneys, and all persons in active concert or participating with any of them, from:

a) committing any further acts of trademark infringement,

b) using any term that is likely to be confused with the SOHMER trademarks

asserted herein,

c) representing directly or indirectly in any form or manner whatsoever that

any product is associated with or approved by Samick when, in fact, it is not,

d) passing off or inducing or enabling others to sell or pass off any non-

Samick product as an Samick product or as a product endorsed or approved by Samick,

and

e) committing any other act calculated to compete unfairly with Samick in

any manner;

2. An order seizing and impounding all infringing products and all manufacturing

supplies in Defendant’s possession or control;


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3. An order requiring Defendant to file an express withdrawal of its federal

trademark application, U.S. Trademark Application Serial No. 76/210,248 with the United States

Patent and Trademark Office, and to refrain from seeking any other trademark registration

inconsistent with the foregoing injunctive relief;

4. An order to the United States Patent and Trademark Office to cancel or to refuse

registration of U.S. Trademark Application Serial No. 76/210,248;

5. An order to the United States Patent and Trademark Office to dismiss the

trademark opposition against the federal registration of Samick’s SOHMER trademark;

6. An order awarding to Samick damages in the amount that Samick has been harmed

by Defendant’s infringements and unfair business practices, in an amount Samick proves at trial;

7. An order for an accounting and disgorgement of Defendant’s profits from its

infringing and unfair business activity;

8. A finding that Defendant has willfully and deliberately committed acts of

trademark infringement against Samick;

9. An order trebling such damages against Defendant;

10. An order for attorneys’ fees and costs that Samick incurred in having to bring and

sustain this action for the legal enforcement of its trademark and business rights against

Defendant;

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11. Such other and further equitable and legal relief as the Court may deem

appropriate.

Respectfully submitted,

WATSON ROUNDS

Dated: April 15, 2009 /s/ Matthew D. Francis

Michael D. Rounds, Esq.

Matthew D. Francis, Esq.

5371 Kietzke Lane

Reno, Nevada 89511

(775) 324-4100

Of Counsel:

Daniel M. Cislo, Esq.

Kelly W. Cunningham, Esq.

CISLO & THOMAS LLP

1333 2nd Street, Suite 500

Santa Monica, California 90401

(310) 451-0647

Pro Hac Vice Pending

Attorneys for Plaintiff

SAMICK MUSIC CORPORATION


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JURY DEMAND

Plaintiff SAMICK MUSIC CORPORATION hereby demands a trial by jury as provided

by Rule 38(a) of the Federal Rules of Civil Procedure and by the Local Rules of this Court.

Respectfully submitted,

WATSON ROUNDS

Dated: April 15, 2009 /s/ Matthew D. Francis

Michael D. Rounds, Esq.

Matthew D. Francis, Esq.

5371 Kietzke Lane

Reno, Nevada 89511

(775) 324-4100

Of Counsel:

Daniel M. Cislo, Esq.

Kelly W. Cunningham, Esq.

CISLO & THOMAS LLP

1333 2nd Street, Suite 500

Santa Monica, California 90401

(310) 451-0647

Pro Hac Vice Pending

Attorneys for Plaintiff

SAMICK MUSIC CORPORATION


Exhibit 1

Exhibit 1

Case 3:09-cv-00197-LRH-VPC Document 1-3 Filed 04/15/2009 Page 1 of 26

Exhibit 2

Exhibit 2


Exhibit 3

Exhibit 3


Exhibit 4

Exhibit 4


Exhibit 5

Exhibit 5


Unit ed St a t es Pa t en t and Tradem ark Off ice

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Record 1 out of 1

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Word Mark SOHMER

Goods andServices

(ABANDONED) IC 015. US 002 021 036. G & S: Musical instruments, namely pianos. FIRST USE:19160303. FIRST USE IN COMMERCE: 19160303

Mark DrawingCode

(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS

Design SearchCode

22.01.01 - Organs (musical); Pianos24.01.02 - Shields or crests with figurative elements contained therein or superimposed thereon24.01.03 - Shields or crests with letters, punctuation or inscriptions contained therein or superimposedthereon26.11.08 - Rectangles comprised of letters, numerals or punctuation and letters, numerals or punctuationforming the perimeter of a rectangle or bordering the perimeter of a rectangle.26.11.21 - Rectangles that are completely or partially shaded

Serial Number 76535595

Filing Date July 25, 2003

Current FilingBasis

1A

Original FilingBasis

1A

Owner (APPLICANT) SAMICK MUSIC CORPORATION CORPORATION CALIFORNIA 1329 GATEWAYDRIVE GALLATIN TENNESSEE 37066

AssignmentRecorded

ASSIGNMENT RECORDED

Attorney ofRecord

John O'Banion

PriorRegistrations

0137464

Type of Mark TRADEMARK

Register PRINCIPAL

Trademark Electronic Search System (TESS) http://tess2.uspto.gov/bin/showfield?f=doc&state=4008:oth12k.2.1

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Exhibit 6

Exhibit 6







Record 1 out of 1


Typed Drawing

Word Mark SOHMER

Goods and Services IC 015. US 002 021 036. G & S: MUSICAL INSTRUMENTS NAMELY, PIANOS

Mark Drawing Code (1) TYPED DRAWING


Filing Date February 23, 2001

Current Filing Basis 1B

Original Filing Basis 1B

Published forOpposition

June 22, 2004

Supplemental RegisterDate

October 25, 2002


Assignment Recorded ASSIGNMENT RECORDED

Attorney of Record JOHN P. O'BANION


Register PRINCIPAL-2(F)

Live/Dead Indicator LIVE


Trademark Electronic Search System (TESS) http://tess2.uspto.gov/bin/showfield?f=doc&state=4001:hlv8jc.2.1

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Exhibit 7

Exhibit 7







Record 1 out of 1


Typed Drawing

Word Mark SOHMER & CO.

Goods andServices

IC 015. US 002 021 036. G & S: Musical instruments, namely pianos. FIRST USE: 18720000. FIRSTUSE IN COMMERCE: 18720000

Mark DrawingCode

(1) TYPED DRAWING


Filing Date September 8, 2003

Current FilingBasis

1A

Original FilingBasis

1A


AssignmentRecorded

ASSIGNMENT RECORDED

Attorney of Record John O'Banion

Prior Registrations 0119130;0137464

Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "& CO" APART FROM THE MARK ASSHOWN


Register PRINCIPAL

Live/Dead Indicator LIVE


Trademark Electronic Search System (TESS) http://tess2.uspto.gov/bin/showfield?f=doc&state=4001:hlv8jc.3.1

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Exhibit 8

Exhibit 8


Samick Music Corp.Welcom e to t he online hom e of Sam ick Music Corp. , one of t he world's largest and

m ost experienced m anufacturers of m usical inst rum ents in t he world. From high

qualit y, feature- rich ent ry level inst rum ents, t o world class acoust ic and digit al pianos,

Sam ick Music will always deliver t he qualit y you deserve and expect .

Samick Acquires SeilerPianos Will Continue to Be Manufactured in Germany

Sam ick Musical I nst rum ents Co., Ltd. is proud t o

announce t hat it has acquired ED. SEI LER

Pianofort efabrik Gm bH & Co. KG as a wholly

owned subsidiary effect ive Novem ber 1, 2008.

A new m anagem ent team for SEI LER has been

appointed, and SEI LER pianos will cont inue t o be

m anufactured in Germ any in t he sam e factories

by t he sam e skilled craft sm en that m ade SEI LER one of t he World’s finest pianos for

generat ions.

Sam ick has always adm ired Germ an innovat ion, engineering, and craft sm anship, and

is indeed proud t o be able t o offer a line of qualit y Germ an-m ade product s in addit ion

to it s extensive line of product s current ly being m anufactured in Korea, I ndonesia, and

the Unit ed States of Am erica.

SEI LER pianos will be on display at t he NAMM Show in t he SAMI CK booth located in

room s 210 A&B. Addit ional new m odels will be showcased at t he upcom ing

Musikm esse in Frankfurt .

Samick Hosts NAMM Jam in NashvilleGreg Bennett Artists and Employees Rock to a Packed House at BB King's

Find a ProductGrand Pianos

Vert ical Pianos

Digit al Pianos

Elect ric Guit ars

Acoust ic Guit ars

Global SitesSAMI CK Korea

Pram berger Korea

SAMI CK I ndonesia

SAMI CK Music Corp.

SMC :: Samick Music Corp. http://smcmusic.com/

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Fretboard act ion heated up at t he Greg Bennet t ‘NAMM Jam ’ held during the annual

sum m er NAMM show in Nashville, Tennessee. The event was dedicated t o and in

celebrat ion of com m unit y m usic stores throughout t he count ry t hat cont inue t o serve

their local com m unit ies by providing m usical inst rum ent sales, service, and educat ion.

The j am took place at BB Kings Blues Club downtown and featured 2006 Guitar World

Magazine ‘Guit ar Hero’ winner Ladd Sm ith ( pictured above) , who played his

custom ized Greg Bennet t Form ula FA1. Other perform ing art ist s included Coles

Whalen, Jessie Lynn, Shawn Michael Perry, Ravi, Roger Zim ish, Michell Chenard, Steve

Rut ledge and a host of m usic store owners who showed up to have fun and show off

t heir chops.

SMC's New Home in TennesseeNew Headquarters Will Greatly Benefit Customers

Sam ick Music Corp. m ade a m om entous decision

last year t hat it would leave it s North Am erican

headquarters in Cit y of I ndust ry, California, it s

hom e for m ore t han twenty years. Aft er

considering several locat ions t hroughout t he

Unit ed States, SMC purchased 14 acres of land

east of t he cit y center of Gallat in, Tennessee,

approxim ately 30 m iles northeast of Nashville. I n

addit ion t o m oving it s headquarters and prim ary

dist ribut ion center, Sam ick also plans t o m anufacture product s in it s new facil it y.

J.S. Kim , head of SMC's I nchon, South Korea parent com pany Sam ick Musical

I nst rum ents Com pany, Ltd. and Chairm an of SMC's Board of Directors, explains t he

reasons behind t he m ove: "Over t he last decade we have seen t he cost s of business

and m anufacturing increase in t he Pacific Rim count ries. The product ion of prem ium

value products has now becom e viable in t he Unit ed States. Many Am erican

consum ers are looking for a bet t er qualit y product ."

I n 2005, t he Gallat in Econom ic Developm ent Agency partnered wit h t he Tennessee

Departm ent of Econom ic and Com m unit y Developm ent and other local organizat ions

to help bring Sam ick t o Gallat in. Tennessee Governor Phil Bredesen said, " I t seem s

very fit t ing t hat a com pany that specializes in producing qualit y m usic products would

find it s way hom e to Tennessee, j ust 25 m iles out side of Music Cit y USA, where

qualit y m usic is m ade."

Samick Celebrates 50th AnniversaryA Story of Resilience

SMC is pleased t o celebrate Sam ick's Golden Anniversary in 2008.

Sam ick was founded in Korea in 1958 by Hyo I ck Lee. Facing an

im m ense challenge in im poverished and war- t orn South Korea, Lee


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began to build and sell a few vert ical pianos a week from a sm all

converted shop front . I t wasn' t long before t he com pany started

m anufacturing upright pianos on a large scale. I n 1964 Sam ick becam e the first

Korean com pany t o export pianos and by t he early 1970s, t he com pany had becom e a

large- scale m anufacturer with over 3,000 em ployees building pianos and guit ars.

I n t he years following, Sam ick focused on global expansion. I n 1978 t hey opened a

branch office in Los Angeles, California, followed by establishm ent of an office in

Düsseldorf, Germ any in 1980. Sales of Sam ick product s in t he Unit ed States grew

exponent ially and Sam ick soon announced t he developm ent of t heir Am erican

subsidiary, Sam ick Music Corporat ion in 1982.

Sam ick has always been dedicated t o developing new product s and qualit y, start ing in

1983 wit h a t echnical cooperat ion wit h Klaus Fenner, a piano designer and technician

from Germ any. Fenner was renowned for designing t he Germ an I m perial Scale t hat

cont inues to characterize t he pianos of leading internat ional m anufacturers.

© 2008 SAMI CK Music Corp. | Val id XHT ML | CSS

1329 Gat eway Drive, Gallat in, TN 37066 | (800) 592-9393

Home | Contact us


3 of 3 4/14/2009 4:00 PM


Company | Grand Pianos | Vertical Pianos |

Contact UsSohmer & Co. Pianos

Hugo Sohm er 18 45 – 19 13

Founder of Sohmer & Co. Pianos

Hugo Sohmer founded Sohmer & Co. in 1872 afteremigrating from Germany. The company made someof the finest pianos in America and was part of NewYork's booming piano manufacturing scene of thelate 19th century. Its main factory on the bank ofthe East River in Astoria, Queens still stands today.

Sohmer was a musician himself and had amusician's keen appraisal of a piano's tonalqualities. After a few short years of production,

Hugo Sohmer was granted a patent for a very unique achievementat the time: being the first to produce a 5t baby grand piano.

Sohmer's pianos received both popular and critical acclaim in thatvibrant era of history, being featured in the finest homes in NewYork and across the country. Some of the more notable ownersinclude Fred Astaire, Irving Berlin, William Randolph Hearst,Katharine Hepburn, and Eartha Kitt. Sohmer showcased its finestcreations in a grand showroom called the House of Sohmer at 31West 57th Street in the heart of Manhattan's antiques district. And itwas no coincidence that Carnegie Hall was right around the corner.

At his death in 1931, Hugo Sohmer passed on his love for the pianoto his sons. Sohmer & Co. enjoyed family ownership for over onehundred years until the company was sold in 1982.

Today, Samick Music Corp. carries on the tradition of making one ofthe finest pianos available to the American consumer.

If you have any inquires, please feel free to contact us anytime.

To find a dealer near you - click here.

© 2008 Sohmer & Co. - a division Samick Music Corporation Company | Grand Pianos | Vertical Pianos | Contact Us

Sohmer Pianos http://www.sohmerco.com/

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Company | Grand Pianos | Vertical Pianos |Contact Us

Sohmer & Co. Pianos

Sohm er Gran d Pian os

Sohm er 50T 5 '0 "Available in: Ebony Sat in, Mahogany, Walnut , andCherry

View Specifications / Larger Images

Sohm er 63T 5 '4 "Available in: Ebony Sat in, Mahogany, Walnut , andCherry


Sohm er 77E 5 '9 "Available in: Ebony Sat in, Mahogany, Walnut , andCherry


Sohmer Pianos :: Grands http://www.sohmerco.com/grands.htm

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Sohm er 77F 5 '9 "Available in: Ebony Sat in, Mahogany, Walnut , andCherry


Sohm er 77H 5 '9 "Available in: Ebony Sat in, Mahogany, Walnut , andCherry


Sohm er 90T 6 '2 "Available in: Ebony Sat in and Mahogany


© 2008 Sohmer & Co. - a division Samick Music Corporation Company | Grand Pianos | Vert ical Pianos | Cont act Us

Sohmer Pianos :: Grands http://www.sohmerco.com/grands.htm

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([ΚΛΕΛΩ

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EXHIBIT 2

sohmer trademark infringement complaint

Documents

federal trademark infringement

federal trademark dilution

california corporation

nevada corporation

federal unfair competition

state unfair competition

california state bar

trademark rights