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Case 2:13-cv-00449 Document 1 Filed 03/13/13 Page 1 of 15

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ROBERT W. CABELL, UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) ) ) Plaintiff, ) ) vs. ) ) ZORRO PRODUCTIONS, INC., JOHN GERTZ,) and STAGE ENTERTAINMENT LICENSED ) PRODUCTIONS, ) ) Defendants. ) ) No. COMPLAINT FOR DECLARATORY JUDGMENT, CANCELLATION OF FEDERAL TRADEMARK REGISTRATIONS, INJUNCTIVE RELIEF, AND MONETARY DAMAGES

Plaintiff Robert W. Cabell submits this Complaint for Declaratory Judgment,

17 Cancellation of Federal Trademark Registrations, Injunctive Relief and Monetary Damages 18 against defendants Zorro Productions, Inc., John Gertz and Stage Entertainment Licensed 19 Productions as follows: 20 21 NATURE OF ACTION This is a dispute over intellectual property rights to the well-known fictional character

22 “Zorro.” In 1919, New York-base author Johnston McCulley wrote the first Zorro story, which 23 was titled “The Curse of Capistrano.” The following year, 1920, McCulley’s story was adapted 24 into a silent movie titled “The Mask of Zorro” by Douglas Fairbanks, Sr. Nearly one hundred 25 years later, the character is well-known as the masked outlaw who defends the public against 26 COMPLAINT -- 1
ATKINS IP
93 South Jackson Street #18483 Seattle, WA 98104-2818 (206) 628-0983/Fax: (206) 299-3701

Cabell. (ii) a preliminary and permanent 21 injunction against defendants prohibiting them from making claims that Mr. and. Defendants also 10 fraudulently assert that copyrights for later-published material provide defendants with exclusive 11 rights in the elements of the 1919 story and the 1920 film.2 ATKINS IP 93 South Jackson Street #18483 Seattle. Cabell (and any other third party) from the legitimate use of 6 this public domain material. WA 98104-2818 (206) 628-0983/Fax: (206) 299-3701 . and by threatening litigation against anyone who purportedly violates these non13 existent rights. the defendants have engaged in a campaign of intimidation and 5 coercion aimed at preventing Mr. the defendants have built a licensing empire out of smoke and mirrors. 14 Defendants have recently threatened to sue Mr. Cabell and his licensees for trademark and 15 copyright infringement purportedly relating to Mr. defendants have fraudulently obtained federal trademark registrations for 8 various “Zorro” marks and falsely assert those registrations to impermissibly extend intellectual 9 property protection over material for which all copyrights have expired. tortious interference and unfair competition. 26 COMPLAINT -. Cabell’s musical 22 infringes upon any of defendants’ intellectual property rights. (iv) monetary damages incurred by Mr. Cabell initiates this litigation to obtain (i) a judgment that his musical does not 20 violate any intellectual property rights held by defendants. Cabell’s rights to use these 4 public domain works is clear. (iii) cancellation of defendants’ 23 federal trademark registrations for the mark ZORRO as it relates to literary works. The copyright interests in those works have long ago 2 expired and the works are now part of the public domain. Cabell’s musical – a work that is directly 16 based upon the 1919 Zorro book and the 1920 Zorro musical that are in the public domain. By fraudulently asserting rights that 12 do not exist. visual arts 24 and performing arts. hoping that he will 18 surrender without challenging defendants’ wrongful activities. In 1996. 19 Mr. 17 Defendants’ threats are nothing more than an attempt to bully Mr. plaintiff Robert Cabell 3 authored a musical based on the public domain works. 7 Specifically. Although Mr. Cabell as a result of 25 defendants’ fraud.Case 2:13-cv-00449 Document 1 Filed 03/13/13 Page 2 of 15 1 tyrannical officials and other villains.

S.C. WA 98104-2818 (206) 628-0983/Fax: (206) 299-3701 . 7 3. Gertz owns. based on information and belief. Washington.” based upon the 1919 story authored by 4 Johnston McCulley and the 1920 film produced by Douglas Fairbanks. 9 4. 17 15 U. The Court has subject matter jurisdiction pursuant to 28 U. §§ 14 2201 and 2202. defendants have done business in this district or a substantial part of 19 the events giving rise to plaintiff’s claims occurred in or were aimed at this judicial district. Venue in this judicial district is proper under 28 U. Defendants are subject to the personal jurisdiction of this Court as they have done 21 business in this district. operates and has control over ZPI. by advertising and promoting goods to the residents 23 of Washington and by causing injury to plaintiff within Washington. PARTIES Robert W.. California. Sr.S. and the Copyright Act. Defendant Zorro Productions. 17 6. 24 25 26 COMPLAINT -.C. et seq. Mr. Netherlands.3 ATKINS IP 93 South Jackson Street #18483 Seattle. the Lanham Act. 28 U.C.S.. 15 U. Defendant John Gertz. §§1391(b) and (c) in that. 18 on information and belief.C. Cabell is the 3 author of the 1996 musical “Z – The Musical of Zorro. is a resident of Berkeley. based on information and belief. JURISDICTION AND VENUE This action arises under the Federal Declaratory Judgment Act. §§ 1051. 8 California. based on 10 information and belief. Cabell is a resident of King County. Inc. (“ZPI”). Defendants have purposefully availed themselves of the benefits of 22 doing business in the State of Washington. 20 7. 12 13 5. et seq. 5 2. et seq. Upon information and belief. §§ 1331 16 and 1338.C. is a 6 California corporation having a place of business Berkeley.S. §§ 101. Defendant Stage Entertainment Licensed Productions (“SELP”).Case 2:13-cv-00449 Document 1 Filed 03/13/13 Page 3 of 15 1 2 1. is a foreign entity organized under the laws of the Netherlands with its 11 corporate headquarters in Amsterdam.S.

Zorro is the secret identity of Don Diego de la Vega. Diego becomes Zorro “to avenge the 21 helplessness. McCulley’s story. and a black mask 23 that covers the top of his head from eye level upwards. McCulley’s Zorro rides a horse and 24 fights with a whip and sword. 1919. All-Story Weekly (as 18 shown above. a 20 nobleman and master living in the Spanish colonial era.Case 2:13-cv-00449 Document 1 Filed 03/13/13 Page 4 of 15 1 2 3 A. titled “The Curse of 17 Capistrano. left). In McCulley’s 1919 story.4 ATKINS IP 93 South Jackson Street #18483 Seattle. in a publication 16 authored by New York-based Johnston McCulley.” and “to aid the oppressed. WA 98104-2818 (206) 628-0983/Fax: (206) 299-3701 . 19 9.” The character’s motif 22 includes a black costume consisting of a black cape or cloak. 25 26 COMPLAINT -. a black sombrero. 4 5 6 7 8 9 10 11 12 13 14 15 8.” was published as a five-part serialization in the magazine. to punish cruel politicians. Zorro’s Debut – McCulley’s 1919 story The First Zorro film in 1920 FACTUAL BACKGROUND The Early Twentieth Century History of ZORRO The fictional character Zorro debuted on August 6.

Cabell’s production stars Zorro as he is described in the earlier works now in 16 the public domain: a masked avenger leading a double life. are 10 in the public domain. (cover art shown above. WA 98104-2818 (206) 628-0983/Fax: (206) 299-3701 . 15 15.Case 2:13-cv-00449 Document 1 Filed 03/13/13 Page 5 of 15 1 10. 24 25 26 COMPLAINT -. The Mark of 7 Zorro. any copyright interest in the 1920 film. Cabell’s musical is scheduled to be performed this summer in Germany as part of 21 the Clingenburg Festspiele (festival). right). 6 12. Cabell and expressly based upon the 1919 McCulley story and the 1920 14 Fairbanks film. Cabell’s Musical: Z – The Musical of Zorro 14. Cabell’s musical was initially released in CD format. 4 11. In 1996. 1923. black 17 sombrero. black cape.” 11 B. 20 17. Mr. The United States Copyright Office’s official publications regarding the duration 9 of copyrights clearly states: “all works published in the United States before January 1. “The Mark of 2 Zorro” by Douglas Fairbanks. The stage production 19 premiered in Eugene. 18 16. 8 13. plaintiff Robert Cabell published “Z – The Musical of Zorro” a musical 13 authored by Mr. The movie was a commercial 3 success. and with a sword and whip. 12 Mr. McCulley’s 1919 story was adapted into the 1920 silent movie. Under the Copyright Act. Sr. any copyright interest in McCulley’s story published in 5 1919 could not have extended past 1975. could not have extended past 1976. Oregon in 2000. donned in black mask. Under the Copyright Act.5 ATKINS IP 93 South Jackson Street #18483 Seattle. Cabell has licensed rights to the musical to his affiliates in 22 Germany and is entitled to receive royalty payments or licensing fees in connection with the 23 performances.

In fact.2d 1177. Inc. 4 19. 7 20. 137 F. respectively. such as McCulley’s story “The Curse of Capistrano” and the Fairbanks’ movie. the Zorro character and/or the likeness of 12 Zorro as presented in the 1919 story and 1920 movie. b.6 ATKINS IP 93 South Jackson Street #18483 Seattle. “Notably. however. . the U. Fireworks Entertainment Group.Supp. Inc. 18 Honorable Judge Collins. 2001). those works are in the public domain. Defendants know there 11 can be no valid copyright interest in the name Zorro. et. . 3. 2 Defendants’ Fraudulent Claims of Trademark and Copyright Ownership 18. WA 98104-2818 (206) 628-0983/Fax: (206) 299-3701 a. No renewal was filed .D. .” Sony Pictures Entertainment.S. “The Mark of Zorro. visual likeness and character of Zorro. found that: 19 20 21 22 23 24 25 26 COMPLAINT -. the initial term of the copyright for the silent picture. “It is undisputed. al. including plaintiff. defendants know that any and all copyright interest arising out of the 1919 8 story “The Curse of Capistrano” and the 1920 silent movie “The Mark of Zorro” expired no later 9 than 1975 and 1976.Therefore. any person. ‘The Mark of Zorro’ moved into the public domain when the renewal terms of those copyrights expired. defendants have falsely asserted that ZPI owns the worldwide 3 trademarks and copyrights in the name. Because those works are in the public 13 domain. that Zorro appears in works whose copyrights have already expired. Defendants know that as a result of the expiration of any 10 copyright interests in those works. 14 21. all of the essential character elements of Zorro expressed in ‘The Curse of Capistrano’ and the silent picture. ‘The Mark of Zorro’ expired in 1948. Cal. is free to use any aspect of those works. ZPI filed suit against several defendants asserting their purported exclusive copyrights and 17 trademarks.” Id. For years. For years. v. Defendants know that their claims of exclusive copyright and trademark 15 ownership are false because defendants have been unsuccessful trying to enforce their claims. et al. During that litigation. 1185 (C. character and/or likeness of Zorro is an infringement and a violation of state and federal 6 laws. at 1198 n.Case 2:13-cv-00449 Document 1 Filed 03/13/13 Page 6 of 15 1 C. In 16 2001. defendants also have falsely asserted that the unauthorized use of the 5 name. district court for the Central District of California.

11 23.Case 2:13-cv-00449 Document 1 Filed 03/13/13 Page 7 of 15 1 2 3 4 5 6 7 22. When ZPI filed this trademark 18 application. at 1196 (emphasis in original). defendant ZPI filed an 16 application with the United States Patent and Trademark Office (“USPTO”) to register the word 17 mark “ZORRO” as used in connection with story books. . Trademark Reg. v. issued U. “The Court notes that since the copyrights in ‘The Curse of Capistrano’ and ‘The Mark of Zorro’ lapsed in 1995 or before. c. On August 17. 31. No. The fraud perpetrated by ZPI and Gertz extends beyond its competitors and into 15 the United States Patent and Trademark Office. they [it owns] no copyright in the character Zorro. 22 25. 156 F. Inc. In a subsequent ruling. 9.. et.. e. “[ZPI] concede .524. ZPI 20 fraudulently declared that it was exclusively entitled to use the “ZORRO” name. ZPI knew that the 25 term “ZORRO” had fallen into the public domain for use in connection with these types of 26 COMPLAINT -.D. character or likeness of Zorro.7 ATKINS IP 93 South Jackson Street #18483 Seattle.” Id. . 1. ZPI knew that the term “ZORRO” had fallen into the public domain for use in 19 connection with fictional stories. [ZPI] concede there is no infringement of an actual mark. when filing the trademark application. [ZPI] must first identify the mark they seek to protect. See Sony Pictures Entertainment. d. however. The USPTO. al. the character Zorro has been in the public domain. 1991. Cal. Inc. at 1198 n. defendant ZPI filed an application with the United States 23 Patent and Trademark Office (“USPTO”) to register the word mark “ZORRO” as used in 24 connection with television shows.S. 2001). When ZPI filed this trademark application. ZPI continued to falsely and 12 fraudulently assert that it owned all copyright and trademark interests relating to Zorro and 13 fraudulently threatened to sue persons using the name. 10 Fireworks Entertainment Group. 1162-1163 (C. WA 98104-2818 (206) 628-0983/Fax: (206) 299-3701 .” Id. On September 16.” Id. 14 24. Despite the rulings of a U. “To claim ownership of a trademark. at 1998 n.S.2d 1148. 21 unaware of ZPI’s fraudulent statements. 1987. Nonetheless. District Court in 2001.207 to ZPI.Supp. Judge Collins again ruled that ZPI’s trademark claims 8 failed as a matter of law because ZPI could not identify the existence of any protectable 9 trademark or trade dress related to Zorro.

ZPI knew that the term “ZORRO” 21 had fallen into the public domain for use in connection with entertainment. The USPTO. defendant ZPI filed an application with the United States 5 Patent and Trademark Office (“USPTO”) to register the word mark “ZORRO” as used in 6 connection with comic books.912. Trademark Reg. issued U. When ZPI filed this trademark application. When ZPI filed this trademark application. 18 28.S.731. ZPI fraudulently declared that it 23 was exclusively entitled to use the “ZORRO” name. issued U. regardless of the 22 format. 25 26 COMPLAINT -. when filing the trademark application. Nonetheless. when filing the trademark application. issued U.219 to ZPI. 11 27. when filing the trademark application. unaware of ZPI’s fraudulent 24 statements. ZPI fraudulently declared that it was 9 exclusively entitled to use the “ZORRO” name. 15 Nonetheless.S.743 to ZPI. 1993. defendant ZPI filed an application with the USPTO to 12 register the word mark “ZORRO” as used in connection with books regarding fictional 13 characters. including movies and film. Trademark Reg. ZPI knew that the 7 term “ZORRO” had fallen into the public domain for use in connection with fictional. WA 98104-2818 (206) 628-0983/Fax: (206) 299-3701 . Trademark Reg.302 to ZPI. 1.Case 2:13-cv-00449 Document 1 Filed 03/13/13 Page 8 of 15 1 services. ZPI 2 fraudulently declared that it was exclusively entitled to use the “ZORRO” name.515 to ZPI. issued U.296. 2. The USPTO.S. ZPI knew that the term “ZORRO” had 14 fallen into the public domain for use in connection with stories including fictional characters. defendant ZPI filed an application with the USPTO to register 19 the word mark “ZORRO” as used in connection with video discs featuring music and 20 entertainment. No. No. When ZPI filed this trademark application. Nonetheless. The USPTO. The USPTO. printed 8 stories. unaware of ZPI’s fraudulent 10 statements. 1996. On January 13. 4 26. 1. Trademark Reg.S.8 ATKINS IP 93 South Jackson Street #18483 Seattle. On March 11. On June 4. when filing the trademark application. Nonetheless. ZPI fraudulently declared that it was 16 exclusively entitled to use the “ZORRO” name. 1996. 2. unaware of ZPI’s fraudulent 17 statements.239. 3 unaware of ZPI’s fraudulent statements. No. No.

during June. WA 98104-2818 (206) 628-0983/Fax: (206) 299-3701 An online promotion of Mr. When ZPI filed this trademark application. significant time and money promoting the production in anticipation of the event. 14 Defendants’ Recent Abuse of Trademark and Copyright Laws 31. 17 18 19 20 21 22 23 24 25 26 COMPLAINT -. No. 2. ZPI asserts that U. unaware of ZPI’s fraudulent 7 statements.S. ZPI and Gertz fraudulently obtained these federal trademark registrations as a 9 means to improperly extend the copyright protection that has expired for early Zorro works. regardless of format. 13 D. when filing the trademark application. Cabell licensed his musical to be produced at the Clingenburg Festspiele 15 (festival) in Germany. 2. ZPI fraudulently declared that it was 6 exclusively entitled to use the “ZORRO” name. Cabell’s musical to be produced at the Clingenburg Festspiele .S.Case 2:13-cv-00449 Document 1 Filed 03/13/13 Page 9 of 15 1 29. even if those musicals draw entirely from the 1919 McCulley story 12 and/or the 1920 Fairbanks movie that are in the public domain.254 to ZPI. Mr.254 prevents third parties from 11 promoting Zorro musicals. By 10 way of example.198. Cabell and his licensees have spent. 1997. issued U. 5 Nonetheless. On September 16. defendant ZPI filed an application with the USPTO to 2 register the word mark “ZORRO” as used in connection with entertainment. Trademark Reg. ZPI knew that the term “ZORRO” had 4 fallen into the public domain for use in connection with entertainment.198. No. Trademark Reg. Mr. 2013. and continue 16 to spend. The USPTO. specifically theater 3 productions. 8 30.9 ATKINS IP 93 South Jackson Street #18483 Seattle.

19 35. instead. The defendants’ threats of legal action are fraudulent. Cabell’s musical as “unauthorized” and formally demands that 10 Mr. Willem Metz.” SELP knows that the statements in its February 22. On February 21. . sent an 15 e-mail to Bettina Migge. ZPI’s letter threatens that if 11 Mr. Cabell’s licensees 20 was to convince the Clingenburg Festival – through bullying and scare tactics – to cancel 21 production of Mr. . Marcel Krohn. 2013. the Clingenburg Festival “will be subject to 12 damages pursuant to the trademark and copyright laws. 2013 communication are false. 2013. . Cabell’s musical and.” SELP’s communications repeat the 17 fraudulent allegations that ZPI owns any and all trademark and copyright interests in anything 18 “Zorro. as ZPI will be within its rights to bring 13 legal action. visual likeness. defendant Gertz sent an e-mail to the Director of the 2 Clingenburg Festspiele. title and 3 interest in ZORRO. legal counsel for the festival. falsely claiming that ZPI “owns all right. Gertz urged the 5 festival to “avoid an inevitable lawsuit” by refusing to produce Mr. . Cabell to ZPI. and character of ZORRO is controlled by” ZPI. Krohn goes forward with the production. ZPI’s 9 letter falsely characterizes Mr. On February 20. produce an event based on a musical 22 purportedly owned by ZPI. . ZPI and SELP know the 24 threats are fraudulent and make the threats as an inappropriate and illegal attempt to divert 25 business from Mr.” 14 34. Cabell’s musical and. to produce a ZPI’s musical version of Zorro. Krohn “cease any intention of producing” Mr. 7 33. 2013. 23 36.” Gertz’s e-mail falsely claims that Mr. 6 instead. Cabell’s musical has never been 4 produced professionally and infringes upon ZPI’s copyrights and trademarks. . 26 COMPLAINT -. defendant SELP’s General Manager. . On February 22. ZPI’s general counsel sent a letter to Mr. Cabell’s musical. threatening to “undertake all necessary 16 legal actions to stop the Clingenburg production. . . Krohn falsely 8 claiming that “the name. WA 98104-2818 (206) 628-0983/Fax: (206) 299-3701 .10 ATKINS IP 93 South Jackson Street #18483 Seattle.Case 2:13-cv-00449 Document 1 Filed 03/13/13 Page 10 of 15 1 32. The real purpose of the defendants’ communications to Mr.

23 obtained by ZPI and/or Gertz: US.296. Cabell has no other existing. Cabell requests a judicial determination and declaration by this Court that his musical does not infringe upon any copyright or trademark interest of ZPI. Nos.239. in that defendants assert. 2. 18 trademark.912. Claim 2 Preliminary and Permanent Injunctive Relief Mr. Reg. Mr.254.524. Cabell’s musical infringes ZPI’s Mr.515. or other intellectual property right owned by ZPI or any ZPI affiliate. as if fully set forth herein. Cabell denies.198. and an actual and justiciable controversy exists. 25 26 COMPLAINT -. as if fully set forth herein. 24 2. Cabell repeats and re-alleges each of the allegations contained in paragraph 1 15 through 40 of this Complaint. Cabell repeats and re-alleges each of the allegations contained in paragraph 1 The following federal trademark registrations were falsely and fraudulently .219. 1. WA 98104-2818 (206) 628-0983/Fax: (206) 299-3701 Claim 3 Cancellation of Federal Trademark Registration Mr. 22 44. Cabell repeats and re-alleges each of the allegations contained in paragraph 1 through 36 of this Complaint. 21 through 42 of this Complaint. A dispute has arisen between the parties.207. 9 10 40. that Mr.302. 1. CAUSES OF ACTION Claim 1 Declaration Judgment of Non-infringement Mr.743. speedy. Cabell requests a preliminary and permanent injunction issue enjoining 17 defendants from making asserting that Mr. and. adequate or proper remedy other than a declaration of the parties’ rights as prayed for herein. 8 39. 4 5 38.11 ATKINS IP 93 South Jackson Street #18483 Seattle. 1. Mr. 11 12 13 14 41. Cabell’s musical infringes upon any copyright.Case 2:13-cv-00449 Document 1 Filed 03/13/13 Page 11 of 15 1 2 3 37. 19 20 43. 16 42. 2.731. as if fully set forth herein. and Mr. 6 7 copyright and trademark interests.

207. Cabell’s. The communications were sent to Mr. clients. ZPI. plays and musicals.731. and. Cabell’s customer to intimidate and to coerce the customers to license ZPI’s musical instead of Mr. 48. Upon information and belief. 51. 2. Gertz and SELP were neither accurate nor justified in their factual statements. Gertz and SELP have contacted other customers. 5 the prima facie exclusive right to use in commerce the Zorro’s marks on items such as books. Mr. damaged by ZPI’s trademark registrations. Cabell repeats and re-alleges each of the allegations contained in paragraph 1 through 48 of this Complaint. and will continue to be.S. If ZPI is permitted to retain the registrations sought to be cancelled. 8 9 47.12 ATKINS IP 93 South Jackson Street #18483 Seattle.515.219. Cabell’s licensees to breach the agreement. 2013. Reg.743.198. Nos. 1.239.302. Defendants were aware of Mr. 6 films. and thereby. 10 1. Mr. the purpose and policy of the Copyright Act will be thwarted and 7 frustrated. 50. ZPI and SELP urging Mr. Prior to February 20. 2. Mr. Cabell had entered into an agreement with the Clingenburg Festspiele for the licensing of Mr.296. 4 46. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COMPLAINT -.912. The communications sent to by ZPI. ZPI’s federal trademark registrations are used by ZPI as fraudulent and 2 inappropriate attempts to lengthen protection of works for which copyrights have already 3 expired. licensees and prospective business affiliates of Mr.Case 2:13-cv-00449 Document 1 Filed 03/13/13 Page 12 of 15 1 45. 2. 52. WA 98104-2818 (206) 628-0983/Fax: (206) 299-3701 Claim 4 Tortious Interference with Contract and Business Expectancy 49. Cabell is. Cabell requests an Order from this Court cancelling U.524. Cabell’s with similar . Mr.254. 53. as if fully set forth herein. 1. Cabell’s musical. Cabell’s contractual license to produce “Z – The Musical of Zorro” at the Clingenburg Festspiele as is evidence by the communications from Gertz.

as if fully set forth herein. resulting in a diversion of business from Mr. ZPI. Mr. Gertz and SELP knew of the falsity of their statements.Case 2:13-cv-00449 Document 1 Filed 03/13/13 Page 13 of 15 1 fraudulent and false statements meant to intimidate and coerce the recipients not to utilize Mr. as if fully set forth herein. Gertz and SELP made the false. that they would cease doing business with Mr. In fact. 57. Gertz and SELP constitute tortious interference with 4 a contractual relationship or business expectancy under Washington state law. ZPI. Cabell and instead utilize works owned by ZPI. At the time of the communications. clients. clients. Cabell’s customers. WA 98104-2818 (206) 628-0983/Fax: (206) 299-3701 . 60. 5 55. 26 COMPLAINT -. Claim V Common Law Fraud Mr. Mr. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 61. material statements with the intention that Mr. Claim 6 Violation of Consumer Protection Act Mr.13 ATKINS IP 93 South Jackson Street #18483 Seattle. Cabell has suffered substantial financial damage. Gertz and SELP. Gertz and SELP to Mr. 56. 58. false statements of fact. Cabell repeats and re-alleges each of the allegations contained in paragraph 1 through 55 of this Complaint. Cabell’s customers. As a direct and proximate result of the fraud committed ZPI. 3 54. Cabell’s customers. licensees and prospective business affiliates would act on those statements. As the direct and proximate result of defendants’ tortious interference. Mr. licensees and prospective business affiliates have relied on the communications from ZPI. 2 Cabell’s musical works. The communications of ZPI. Cabell 6 has suffered substantial financial damage. namely. Cabell repeats and re-alleges each of the allegations contained in paragraph 1 25 through 60 of this Complaint. licensees and prospective business affiliates contained material. The communications by ZPI. upon information and belief. Gertz and/or SELP. Cabell to ZPI. 59. clients.

18 B. clients.14 ATKINS IP 93 South Jackson Street #18483 Seattle. The communications by ZPI.219.912.207. 1. Cabell’s musical. 2 licensees and prospective business affiliates are false. The defendants’ false claims to ownership of intellectual property related to 7 works that are clearly in the public domain negatively affect the public interest. Preliminary and permanent injunctions enjoining defendants Zorro Productions. Cabell.. Defendants’ 8 false claims serve to chill creativity among those. A Declaratory Judgment that the musical. Mr. Stage Entertainment Licensed Productions and all those acting in concert with 20 defendants from making claims that Robert W.302. Inc. 3 63. including Mr. defendants’ false statements are made with the intent to divert trade and 5 commerce from Mr. desiring to build upon 9 the early Zorro works.” does not PRAYER FOR RELIEF WHEREFORE. As a result. 1. 1. or other intellectual property right owned by Zorro 17 Productions. Judgment directing the United States Patent and Trademark Office to cancel U. 2.296. Gertz and SELP did (and do) occur in trade and 4 commerce. or John Gertz. 25 26 COMPLAINT -.198. Gertz and SELP to Mr. 24 2.524. As a direct and proximate result of defendants’ actions.239. 6 64. 22 C. Cabell prays that this Court grant him the following 16 infringe any copyright. or John Gertz.” 21 infringes any copyright or trademark interests of Zorro Productions. Cabell to defendants. and. 10 65. 23 Trademark Registration Nos. trademark. unfair and deceptive.S. WA 98104-2818 (206) 628-0983/Fax: (206) 299-3701 . the public is precluded from new works of art.731. namely. 19 Inc. John Gertz. plaintiff Robert W. Inc. Cabell has suffered 11 significant injury to his business. 2. The communications by ZPI.743.Case 2:13-cv-00449 Document 1 Filed 03/13/13 Page 14 of 15 1 62.254.515. “Z – The Musical of Zorro. Cabell’s customers. “Z – The Musical of Zorro. 12 13 14 relief: 15 A.

Judgment in favor of Robert W. Cabell finding that defendants have violated the 6 Washington Consumer Protection Act. By /s/ Greg Latham Greg Latham Pro Hac Vice Application Forthcoming Intellectual Property Consulting 201 St. 5 F. 7 G. LA 70170 T:(504) 322-7166/F:(504) 322-7184 E-mail: glatham@iplawconsulting.com Attorneys for Plaintiff By /s/ Michael G. Any and all ascertainable damages caused by the unlawful acts of defendants. Reasonable attorney’s fees and costs of this action. Charles Avenue New Orleans.com Attorneys for Plaintiff .Case 2:13-cv-00449 Document 1 Filed 03/13/13 Page 15 of 15 1 D. 2013. 3 E. Judgment in favor of Robert W. WA 98104-2818 T (206) 628-0983/F (206) 299-3701 E-mail: mike@atkinsip. Any such other relief as the Court may deem proper. Cabell finding that defendants have committed 4 fraud in their communications to plaintiff and plaintiff’s licensees. PLLC 93 South Jackson Street #18483 Seattle. Judgment in favor of Robert W. I. DATED this 13th day of March. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COMPLAINT -. Atkins WSBA# 26026 Atkins Intellectual Property. Cabell finding that defendants have tortiously 2 interfered with plaintiff’s business relationships and expectancies.15 ATKINS IP 93 South Jackson Street #18483 Seattle. as 8 to be determined at trial. Atkins Michael G. WA 98104-2818 (206) 628-0983/Fax: (206) 299-3701 H.