Filing # 193524658 E-Filed 03/07/2024 12:02:44 PM
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`IN THE CIRCUIT COURT OF THE
`11TH JUDICIAL CIRCUIT IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA
`
`CASE NO.
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`
`
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`PLATANO RECORDS, LLC,
`a Florida Limited Liability Company,
`
`
`Plaintiff,
`
`
`vs.
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`WQ PRODUCCIONES, LLC,srl/
`WQ Producioness, LLC
`a Dominican Republic Company,
`
`Defendant.
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`__________________________________/
`
`
`COMPLAINT
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`Plaintiff, PLATANO RECORDS, LLC (“Plaintiff” or “Platano”), hereby sues Defendant,
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`
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`WQ PRODUCCIONES, LLC (“Defendant” or “WQ”), for declaratory relief and tortious
`
`interference, and in support of alleges as follows:
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`OVERVIEW
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`1.
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`This is a Complaint seeking declaratory relief that certain musical compositions
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`first created by Luis Gonzaga Segura are now wholly owned by Plaintiff and that Defendant’s
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`intentionally wrongful claims over such musical compositions have interfered with Plaintiff’s
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`established business relationships with distributors.
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`THE PARTIES
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`2.
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`Plaintiff, Platano, is a limited liability company that is based and conducts business
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`in Miami-Dade County, Florida.
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`
`
`IN THE CIRCUIT COURT OF THE
`11TH JUDICIAL CIRCUIT IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA
`
`CASE NO.
`
`
`
`
`PLATANO RECORDS, LLC,
`a Florida Limited Liability Company,
`
`
`Plaintiff,
`
`
`vs.
`
`WQ PRODUCCIONES, LLC,srl/
`WQ Producioness, LLC
`a Dominican Republic Company,
`
`Defendant.
`
`__________________________________/
`
`
`COMPLAINT
`
`Plaintiff, PLATANO RECORDS, LLC (“Plaintiff” or “Platano”), hereby sues Defendant,
`
`
`
`WQ PRODUCCIONES, LLC (“Defendant” or “WQ”), for declaratory relief and tortious
`
`interference, and in support of alleges as follows:
`
`OVERVIEW
`
`1.
`
`This is a Complaint seeking declaratory relief that certain musical compositions
`
`first created by Luis Gonzaga Segura are now wholly owned by Plaintiff and that Defendant’s
`
`intentionally wrongful claims over such musical compositions have interfered with Plaintiff’s
`
`established business relationships with distributors.
`
`THE PARTIES
`
`2.
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`Plaintiff, Platano, is a limited liability company that is based and conducts business
`
`in Miami-Dade County, Florida.
`
`
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`3.
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`Defendant, WQ, upon information and belief is a Dominican Republic limited
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`liability company that is subject to the jurisdiction of this Court by virtue of (i) operating,
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`conducting, engaging in, or carrying on a business or business venture in Florida, (ii) committing
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`a tortuous act within Florida, (iii) committing a tortious act outside Florida which causes an injury
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`in Florida, or (iv) engaging in substantial and not isolated activity within this state.
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`4.
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`This is an action for damages greater than $50,000 exclusive of interest, costs, and
`
`attorneys’ fees.
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`GENERAL ALLEGATIONS
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`5.
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`Platano is a South Florida-based record label that survives and prospers based on
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`its acquisition of music catalogs of past and future music hits. Platano relies on being able to
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`obtain and retain its diverse music catalogs and protect same from others who seek to exploit the
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`music that it owns.
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`6.
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`On or about December 28, 1993, Platano executed an initial Exclusive Artist
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`Contract with Luis Gonzaga Segura (“Segura”), which gave Platano all rights for certain albums
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`throughout the United States and Puerto Rico and a fifty-fifty revenue split internationally
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`(excluding the Dominican Republic), in exchange for good valuable consideration, defined therein.
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`7.
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`On or about October 1, 1997, Platano executed a second Exclusive Artist Contract
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`with Segura, which gave Platano all rights for the albums: (1) “Como Yo”, (2) “Cosas de La Vida”,
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`(3) “Todo Exitos Vol. 1” (4) “La Razón de Mi Vida”, (5) “Hasta Cuando”, (6) “El Papa De La
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`Bachata”, (7) “Todo… Sentimiento” (together with the albums licensed in the First Agreement
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`referred to as the “Copyrights”) in exchange for good valuable consideration, defined therein,
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`which was a complete buyout and Platano would not owe any compensation to Segura thereafter.
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`
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`8.
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`After the Agreements were executed, Platano assigned certain distribution rights
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`acquired in the Agreements to various licensees and its distributor, Virgin Music group, a division
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`of Isolation Network d/b/a/Ingrooves Music Group (“Ingrooves”), pursuant to a written
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`distribution agreement.
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`9.
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`After entering into the Agreements, Platano undertook time and energy and spent
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`money to re-master the Copyrights so it could commence exploitation and monetization of the
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`rights granted to it pursuant to the terms of the Agreements.
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`10.
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`Since 1997, Platano has openly exploited the Copyrights granted to it under the
`
`Agreements by selling, licensing, distributing, and advertising same through its various
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`distributors, including Ingrooves.
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`11.
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`From 1997 until the beginning of 2024 no one contested, objected, or challenged
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`Platano’s rights in the Copyrights, until February 21, 2024, when Defendant sent a cease-and-
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`desist letter to Ingrooves wrongfully claiming that Platano did not possess certain rights in the
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`Copyrights and that Platano had no rights to distribute the Copyrights with the intention of
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`interfering with Platano’s contractual agreement with Ingrooves.
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`12.
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`On or about February 21, 2024, Platano was informed by Ingrooves that Defendants
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`falsely indicated to Ingrooves that they owned the rights to the Copyrights and that Ingrooves
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`would be forced to issue takedown notices to remove them from all digital platforms if the
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`ownership conflict is not resolved.
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`13.
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`Since then, Platano and its undersigned counsel have been in communication with
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`Ingrooves and Defendants in an attempt to resolve the situation and preserve its contractual
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`relationship with Ingrooves.
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`
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`14.
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`Platano continues to be damaged every day that Defendant continues to contest
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`Platano’s rights to distribute the Copyrights.
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`15.
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`Platano has fulfilled all conditions precedent prior to filing this suit.
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`COUNT I – DECLARATORY JUDGMENT
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`Platano repeats and hereby reincorporates by reference into this count the allegations above
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`
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`in paragraphs 1-15 as if fully set forth herein, and further alleges:
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`16.
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`17.
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`This is a count for declaratory relief pursuant to Florida Statute Chapter 86 et seq.
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`Platano and Defendant have an actual present, adverse, and antagonistic interest in
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`the subject matter of this action.
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`18.
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`The antagonistic and adverse interests are all before the Court by proper process
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`and the relief sought is not for legal advice by the Court, nor to answer questions propounded from
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`curiosity.
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`19.
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`Platano intends to remain a successful business within the music industry by
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`exploiting the rights granted in the Agreements. Defendant has demonstrated an inability to respect
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`Platano’s legal ownership of its rights.
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`20.
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`Platano is a proper licensee of rights to exploit the Copyrights and would like to
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`continue to exploit same in order to remain a viable business in the music industry. However,
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`Platano cannot do so because Defendant has interfered in Platano’s lawful and proper exploitation
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`of the Copyrights, by falsely communicating with Ingrooves that it owns the rights to the
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`Copyrights and threatening to sue Ingrooves if it does not take down same.
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`21.
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`Platano requests this Court to declare that it is the rightful licensor of certain rights
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`in the Copyrights, that it had valid rights pursuant to the Agreements, and that Defendant shall no
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`longer interfere with Platano’s right to exploit the contents of same and its license to the Copyrights
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`
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`in any way it chooses.
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`22.
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`Platano requests a declaratory judgment that Platano is the proper licensor of the
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`Copyrights will resolve the pending issue with Ingrooves concerning Defendant’s demand for the
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`removal of Platano’s recordings from the distribution.
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`WHEREFORE, for the reasons set forth herein, Platano requests this Court to enter an
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`Order that Defendant WQ Prodducciones LLC has no plausible claim to stop Platano’s rightful
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`distribution of the Copyrights and that Platano may continue to exploit the contents of same as it
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`so chooses.
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`COUNT II – TORTIOUS INTERFERENCE WITH AN ADVANTAGEOUS
`CONTRACTUAL BUSINESS RELATIONSHIP
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`Platano readopts and reincorporates by reference into this count the allegations above in
`
`
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`paragraphs 1-15 as if fully set forth herein, and further alleges:
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`23.
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`This is a count for tortious interference with an advantageous and contractual
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`business relationship against Defendant.
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`24.
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`Platano established an advantageous and contractual business relationship with
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`licensees, such as Ingrooves, to license the Copyrights to consumers, from which Platano has and
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`hopes to continue to earn profits.
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`25.
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`Platano maintained advantageous business and contractual relationships with
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`Ingrooves and others in order to exploit the Copyrights and to receive revenue from the license,
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`and anticipates that same will continue but for Defendant’s interference.
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`26. WQ had knowledge of the separate business relationships between Platano and
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`Ingrooves but was not a party to the business arrangements and had no privilege to interfere with
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`the said arrangements.
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`27. WQ tortiously and without justification interfered in the relationships between
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`
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`Platano, its licensees, and Ingrooves by demanding the removal of Platano’s Copyrights from
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`distribution.
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`28. WQ’s actions have caused a real interference between Plaintiff and Ingroove’s
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`business relationship.
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`29.
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`As a direct and proximate result of WQ’s actions, Platano has been damaged.
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`WHEREFORE, Platano demands compensatory and special damages in the form of lost
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`profits from the exploitation of the Copyrights and such other further relief this Court deems just
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`and proper against Defendant, including reasonable attorney’s fees and costs.
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`WOLFE LAW MIAMI, P.A.
`175 SW 7th Street, Suite 2410
`Miami, Florida 33131
`Telephone: 305-384-7370
`Facsimile: 305-384-7371
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`By: __/s/Richard C. Wolfe
`RICHARD C. WOLFE
` Florida Bar No. 355607
` Rwolfe@wolfelawmiami.com
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