Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA646313
`ESTTA Tracking number:
`12/22/2014
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91219615
`Defendant
`Clive Chin
`JANIS SHEN, ESQ.
`LAW OFFICES OF JANIS C SHEN, PC
`419 LAFAYETTE ST # 90
`NEW YORK, NY 10003-7033
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`Proceeding
`Party
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`Correspondence
`Address
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`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
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`janis@shenpc.com
`Motion to Suspend for Civil Action
`Andrea H. Evans
`andrea.evans@evansiplaw.com
`/Andrea H. Evans, Esq./
`12/22/2014
`Chin_MotiontoSuspend91219615-filedDec222014.pdf(1696113 bytes )
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`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Opposer,
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`Patricia Chin;
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`v.
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`CLIVE CHIN,
`d/b/a RANDY’S MUSIC GROUP, INC.,
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`Applicant.
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`Opposition No. 91/219615
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`Application Serial No. 86234823
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`Published: August 5, 2014
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`§
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`APPLICANT CLIVE CHIN, D/B/A RANDY’S MUSIC GROUP, INC.
` MOTION FOR SUSPENSION
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`Pursuant to Rule 2.117(a) of the Trademark Rules of Practice and Section 510.02(a) of the
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`Trademark Trial and Appeal Board Manual, Applicant hereby moves that the above referenced
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`proceeding be suspended pending the outcome of Civil Action No. CV 14-7126 Neville Clive Chin
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`a/k/a Clive Chin v. V.P. Music Group, Inc. Greensleeves Publishing Ltd., STB Music, Inc., Vincent
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`David Chin a/k/a Randy Chin, Patricia Chin, and Christopher Chin Filed in the United States
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`District Court of New York. Copies of the Complaint are attached.
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`W: 16280(CK801!.DOC)
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`The pending civil action involves issues in common with the opposition proceeding pending
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`herein. Applicant requests suspension of the remaining trial schedule until the parties’ District
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`By:
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`Respectfully submitted,
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`Clive Chin, d/b/a Randy’s Music Group, Inc.
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`_______/Andrea H. Evans, Esq./ __________
`Andrea H. Evans, Esq.
`The Law Firm of Andrea Hence Evans, LLC
`14625 Baltimore Ave. #853
`Laurel, MD 20707
`Attorneys for Applicant
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`Court case is disposed of.
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`W: 16280(CK801!.DOC)
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`CERTIFICATE OF SERVICE
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`This is to certify that a copy of the foregoing Motion to Suspend was served on counsel for
`Opposer:
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`LOUIS SMOLLER
`SAVUR THREADGOLD LLP
`225 BROADWAY, #2420
`NEW YORK, NY 10007
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`By First Class mail, postage prepaid, this _22nd_ day of ___December_______, 2014.
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`______/ahe/__________________________
`Andrea H. Evans, Esq.
`The Law Firm of Andrea Hence Evans, LLC
`14625 Baltimore Ave. #853
`Laurel, MD 20707
`Attorneys for Applicant
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`By:
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`3
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`W: 16280(CK801!.DOC)
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`,
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`JS 44 (Rev. 1/2013)
`
`CIVIL COVER SHEET
`The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadin&S or other papers as required by law, except as
`eo e Uni
`provided by local rules of co
`.
`· · orm, approved by the Judicial Go11fer.
`States in September 1974, is requtred for the use of the Clerk of Court for the
`purpose of initiating the civil
`k
`(SE • INSJ:R[!f_TIONS Ol'f:
`.
`PA
`0
`)
`I. (a) PLAINTIFFS
`·
`DEFENDANTS
`NEVILLE CLIVE CHIN a/kla CLIVE CHIN
`.P. MUSIC GROUP, INC., GREENSLEEVES PUBLISHING LTD.,
`STB MUSIC, INC., VINCENT DAVID CHIN a/kla RANDY CHIN,
`PATRICIA CHIN and CHRISTOPHER CHIN
`County of Residence of First Listed Defendant Queens County
`(IN US. PLAINTIFF CASES ONLY)
`IN LAND CONDEMNATION CASES, USE THE LOCATION OF
`THE TRACT OF LAND INVOLVED.
`
`(b) County of Residence ofFirst Listed Plaintiff Queens County
`(EXCEPT/NUS PLAINTIFFCASES)
`
`(C) Attorneys (Firm Name. Address, and Telephone Number)
`Anthony Motta
`50 Broadway #800
`New York, NY 10004 (212) 791-7360
`
`II. BASIS OF JURISDICTION (Plocean "X"inOneBoxonlyJ
`
`0
`
`I U.S. Government
`Plaintiff
`
`l!!J 3 Federal Question
`(U.S. Government Not a Party)
`
`0 2 U.S. Government ·
`Defendant
`
`0 4 Diversity
`(Indicate Citizenship ofParties in Item lll}
`
`IV. NATURE OF
`
`NOTE:
`
`ａｾｭ･ｹｳ＠(If Known)
`Unl,5nown
`
`III. CITIZENSHIP OF PRINCIPAL PARTIES
`cean '(!r';tnOn4J{;).ft!!f1faintiff
`·:1nd One !fox for q%id.o!!!.t
`(For Diversity Cases Only)
`P1jl'r1 ri>EF
`c.11
`Ｍｾ＠
`o::e m 4
`PTF DEF
`Incorporated or ｐｲｩｮｾ｡ｬ＠Place
`0
`I
`0
`I
`';;)C OJ
`ofBusiness In Tf!!'ftate ""
`'
`:X
`CJ 5
`0
`Incorporated and Prllil!ipal Place
`of Business In Ano!'er ｓｾ＠
`N
`0
`
`Citizen ofThis State
`
`Citizen of Another State
`
`CJ 2
`
`CJ 2
`
`0 3
`
`CJ
`
`Foreign Nation
`
`0 6
`
`0 6
`
`0 110 Insurance
`PERSONAL INJURY
`0 310 Airplane
`0 120 Marine
`0 315 Airplane Product
`0 130 Miller Act
`0 140 Negotiable Instrument
`Liability
`0 1 SO Recovery of ＨＩｶ･ｊｬＧｬｬｾｭ･ｊｬｴ＠ 0 320 Assault, Libel &
`& Enfiorcemen.t ofludj!filelltJ
`Slander
`0 !51 Medieare Act
`0 330 Federal ｅｭｰｬｾ･ｲｳﾷ＠
`0 !52 Recovery ofDefilulted
`Liability
`0 340 Marine
`Student Loans
`0 345 Marine Product
`(Excludes Veterans)
`0 153 Recovery of Overpaymmt
`Liability
`0 350 Motor Vehicle
`of Veteran's Benefits·
`0 160 Stockholders' Suits
`CJ 355 Motor Vehicle
`CJ 190 Other Contract
`Product Liability
`CJ 195 Contract Product Liability
`CJ 360 Other Personal
`0 196 Franchise
`·
`Injury
`CJ 362 Personal
`
`0 210 Land Condenmation
`0 220 Foreclosure
`0 230 Rent Lease & Ejectment
`CJ 240 Torts to Land
`0 245 Tort Product Liability
`CJ 290 All Other Real Property
`
`PERSONAL INJURY
`CJ 365 Personal Injury -
`Product Liability
`0 367 Health Care/
`Pharmaceutical
`Personal Injury
`Product Liability
`CJ 368 Asbestos Personal
`Injury Product
`Liability
`PERSONAL PROPERTY
`0 370 Other Fraud
`Act
`0 371 Truth in Lellding
`0 720 Labor/Management
`0 380 Other Personal
`Relations
`CJ 740 Railway Labor Act
`Property Damage
`0 385 Property Damage
`CJ 75 I Family and Medical
`Product Liability
`Leave Act
`ｾｩｊＺＱｾ｡ｬｬｩｩｬＡＡｩｩｩＡｩｩＡＡﾧＡｩＱ＠CJ 790 Other Labor Litigation
`::.
`0 791 ｅｭｰｬｾ･･＠Retirement
`CJ 440 Other Civil Rights
`Habeas Corpus:
`Income Security Act
`0 441 Voting
`0 463 Alien Detainee
`0 510 Motions to Vacate
`0 442 ｅｭｰｬｾ･ｮｴ＠
`0 443 Housing/
`Sentence
`CJ 530 General
`Accommodations
`CJ 445 Amer. w/Disabilities- CJ 535 Death Penalty
`Other:
`ｅｭｰｬｾ･ｮｴ＠
`CJ 446 Amer. w/Disabilities- CJ 540 Mandamus & Other
`CJ 550 Civil Rights
`Other
`CJ 448 Education
`CJ 555 Prison Condition
`0 560 Civil Detainee -
`Conditions of
`Confinement
`
`625 Drug Related Seizure
`ofProperty 21 USC 881
`690 Other
`
`422 Appeal 28 USC 158
`423 Withdrawal
`28USC 157
`
`CJ 375 False Clainls Act
`CJ 400 State Reapportionment
`0 410 Antitrust
`0 430 Banks and Banking
`CJ 450 Commerce
`0 460 Deportation
`0 470 Racketeer Influenced and
`Corrupt Organizations
`CJ 480 Consumer Credit
`0 490 Cable/Sat TV
`CJ 850 Securities/Commodities/
`Exchange
`0 890 Other Statutoty Actions
`CJ 891 Agricultural Acts
`CJ 893 Environmental Matters
`CJ 895 Freedom oflnformation
`Act
`CJ 896 Arbitration
`ｾｾＡｾＡｩｩｩｾｾｾＭＭｾｾ＠0 899 Administrative Procedure
`Act/Review or Appeal of
`870 Taxes (U.S. Plaintiff
`or Defendant)
`Agency Decision
`0 950Constitutionalityof
`871 IRS-Third Party
`'26 USC 7609
`State Statutes
`
`861HIA (!395ft)
`862 Black Lung (923)
`863 DIWC/DIWW (405(g))
`864 SSID Title XVI
`865 RSI (405(g))
`
`0 462 Naturalization Ｂｐｉｾｮ｣［ｭｏｊＢ＠1
`CJ 465 Other Immigration
`Actions
`
`V. ORIGIN (Place an "X"inOneBoxOnly)
`)l I Original
`0 2 Removed from
`Proceeding
`State Court
`
`0 3 Remanded from
`Appellate Court
`
`0 4 Reinstated or
`Reopened
`
`0 6 Multidistrict
`Litigation
`
`0 5 Transferred from
`Another District
`(s cifY)
`Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
`ｾＱｾＷｾｕｾＭｾｓｾＮｃｾＭｾｓｾ･｣ｴｾｩｾｯｾｮｾＱＰｾＱｾ･ｾｴｾＮｳｾ･ｾﾷＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭＭﾭ
`VI. CAUSE OF ACTION Brief description of cause:
`Action to determine ownership of copyright, copyright infringement and related claims
`i:::J CHECK IF THIS IS A CLASS ACTION
`CHECK YES only if demanded in complaint:
`DEMAND$
`:81 Yes
`UNDER RULE 23, F.R.Cv.P.
`JURY DEMAND:
`C1 No
`
`(See instructions):
`
`JUDGE
`
`DOCKET NUMBER
`
`DATE
`
`SIGNATURE OF ATTORNEY OF RECORD
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`FOR OFFICE USE ONLY
`
`RECEIPT#
`
`AMOUNT
`
`APPLYING IFP
`
`JUDGE
`
`MAG. JUDGE - - - - - - -
`
`VII. REQUESTED IN
`COMPLAINT:
`VIII. RELATED CASE(S)
`IF ANY
`
`

`
`CERTIFICATION OF ARBITRATION ELIGIBILITY
`Local Arbitration Rule 83.10 provides that with certain exceptions, actions seeking money damages only in an amount not in excess of $150,000,
`exclusive of interest and costs, are eligible for compulsory arbitration. The amount of damages is presumed to be below the threshold amount unless a
`certification to the contrary is filed.
`
`, counsel for Plaintiff
`I, Anthony Motta
`ineligible for compulsory arbitration for the following reason(s):
`
`, do hereby certify that the above captioned civil action is
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`1&1
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`1&1
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`D
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`None.
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`monetary damages sought are in excess of $1 50,000, exclusive of interest and costs,
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`the complaint seeks injunctive relief,
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`the matter is otherwise ineligible for the following reason
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`DISCLOSURE STATEMENT- FEDERAL RULES CML PROCEDURE 7.1
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`Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks:
`
`RELATED CASE STATEMENT (Section VIII on the Front of this Form)
`
`Please list all cases that are arguably related pursuant to Division of Business Rule 50.3.1 in Section VIII on the front of this form. Rule 50.3.1 (a)
`provides that "A civil case is "related" to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or
`because the cases arise from the same transactions or events, a substantial saving of judicial resources is likely to result from assigning both cases to the
`same judge and magistrate judge." Rule 50.3.1 (b) provides that" A civil case shall not be deemed "related" to another civil case merely because the civil
`case: (A) involves identical legal issues, or (B) involves the same parties." Rule 50.3.1 (c) further provides that "Presumptively, and subject to the power
`of a judge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to be "related" unless both cases are still pending before the
`court."
`
`NY-E DIVISION OF BUSINESS RULE 50.Hdl(2)
`
`1.)
`
`2.)
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`Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk
`County:._N_o _________ _
`
`If you answered "no" above:
`a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk
`County?_N_o _________ _
`
`b) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in the Eastern
`District?_Y_es _________ _
`
`If your answer to question 2 (b) is "No," does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or
`Suffolk County, or, in an interpleader action, does the claimant (or a majority of the claimants, ifthere is more than one) reside in Nassau
`or Suffolk County?_N_o ____ --:----
`(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).
`
`BAR ADMISSION
`
`I am currently admitted in the Eastern District ofNew York and currently a member in good standing of the bar of this court.
`181
`0
`Yes
`No
`
`Are you currently the subject of any disciplinary action (s) in this or any other state or federal court?
`0
`181
`Yes
`(If yes, please explain)
`No
`
`I certify the accuracy of all information provided above.
`
`Signature:. ___ _____________ _ _ _
`
`

`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF NEW YORK
`----------___;.·------X
`NEVILLE CLIVE CHIN a/kla CLIVE CHIN, ｾ＠
`
`Plaintiff,
`
`v.
`
`V.P. M(JSIC GROUP, INC., GREENSLEEVES
`PUBLISHING L TO., STB MUSIC, INC., VINCENT
`DAVID CHIN a/k/a RANDY CHIN, PATRICIA
`CHIN, and CHRISTOPHER CHIN,
`
`F'ILEIJ
`ｃｾｅｒｋ＠
`
`.?01fDEC -S PH 3: 20
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`. ....
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`,.., C' ., .. ,....
`· ＱＱ ｾＧＢｲ＠ (',..,
`r
`· .) ·'
`,
`""I
`ｾ＠
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`. T
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`Case No.
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`COMPLAINT
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`DEMAND FOR TRIAL BY JURY
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`-------------- ｮｾｾｸ＠CV 14 -7 12 6
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`Plaintiff, NEVILLE CLIVE CHIN a/k/a CLIVE CHIN, by his attorney, Anthony ｍｯｾ＠
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`as and for his Complaint against the defendants,V.P. MUSIC GROUP, INC., GREENSLEEVES
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`PUBLISHING LTD., STB MUSIC, INC., VINCENT DAVID CHIN a/kfa RANDY CHIN,
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`PATRICIA CHIN, and CHRISTOPHER CHIN (collectively referred to hereafter as
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`"Defendants"), alleges the following:
`
`THE PARTIES
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`1.
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`Plaintiff, Neville Clive Chin a/k/a Clive Chin ("Plaintiff''), is a resident of the
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`County of Queens, State of New York.
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`2.
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`Defendant, V .P. Music Group, Inc. ("VP"), is a corporation incorporated in the
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`State ofNew York having its principal place ofbusiness at 89-05 138th.Street, Jamaica, NY
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`11435.
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`' '·
`·•. " .,
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`3.
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`Upon information and belief, the defendant, Greensleeves Publishing Ltd.
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`'"Greensleeves"), is a limited liability company formed under the laws of the United Kingdom
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`ｾＱＱ＠office for the transaction of business at 89-05 !38th Street, Jamaica, NY 11435, but is
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`·to do business in the State ofNew York.
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`1
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`---- ＭﾷＭＭｾＭ
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`4.
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`Upon information and belief, the defendant STB Music, Inc. ("STB"), is a
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`corporation incorporated in the State ofNew York having its principal place ofbusiness at 89-05
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`138th Street, Jamaica, NY 11435.
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`5.
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`Upon information and belief, defendant, Vincent David Chin a/k/a Randy Chin, is
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`a resident of the County ofNassau, State of New York.
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`6.
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`Upon information and belief, defendant, Patricia Chin, is a resident of the County
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`ofNassau, State of New York.
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`7.
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`Upon information and belief, defendant, Christopher Chin, is a resident of the
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`County ofNassau, State of New York.
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`JURISDICTION
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`8.
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`This action involves Defendants' conspiracy and concerted illegal activity to
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`coerce Plaintiff to give up his ownership to sound recordings he created and musical
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`compositions he wrote, and to copyrights and contract rights assigned to him in 2002 in an
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`acknowledged written assignment by his father, Vincent G. Chin. Defendants have known for
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`years of Plaintiffs rights, acknowledged them, and even obtained licenses for them. Shortly
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`after Defendants thwarted a lucrative licensing deal Plaintiff obtained from a major distributor,
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`and realizing the value of his rights, the defendant, Patricia Chin, started making specious claims
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`that the written assignment is void and that she owns Plaintiffs copyrights, even for songs he
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`himself created and are not part of the assignment. At the same time the remaining Defendants
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`engaged in a series of coordinated, malicious, and illegal acts to keep Plaintiff from profiting
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`from his property. Defendants stole the master tapes embodying the sound recordings owned by
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`Plaintiff; they took his personal things, business equipment and other items kept at his office at
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`VP's premises; they interfered with his contracts and prospective economic relations seeking to
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`exploit his copyrights; they licensed his copyrights without his consent and without
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`compensation; they refused to pay royalties due on songs they licensed; and they infringed his
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`copyrights. All the while Defendants demanded that Plaintiff give to Patricia Chin and VP two-
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`thirds of the rights he owns to "settle" the "ownership dispute". Plaintiff has been severely
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`damaged because of these acts and, in addition to the declaration of his rights and the
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`compensation he is entitled to, he should be awarded punitive damages to punish Defendants for
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`their illegal and malicious actions.
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`9.
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`This court has subject matter jurisdiction over this case pursuant to 28 U.S.C. §§
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`1331 and 1338(a) as this is an action brought under the Copyright Act and the Copyright
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`Revision Act, 17 U.S.C. § 101, et seq. This court has supplemental jurisdiction of Plaintiff's
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`remaining claims pursuant to 28 U.S;C. § 1367(a).
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`VENUE
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`10.
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`Venue ofthis case is proper in this district pursuant to 28 U.S.C. §§ 1391(b)(1)
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`and (2) and 1400(a).
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`A.
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`The Business of VP.
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`BACKGROUND
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`11.
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`Plaintiff is the eldest son of Vincent G. Chin and the stepson of the defendant,
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`Patricia Chin. Vincent G. Chin used the name and was known as Randy Chin ("Randy Chin").
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`Randy Chin was the son of Chinese immigrants who left China in the 1920's and ultimately
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`settled in Jamaica.
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`12.
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`Patricia Chin was the wife of Randy Chin and the defendants, Vincent David Chin
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`and Christopher Chin, are their sons.
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`13. Randy Chin was a pioneer in in the Jamaican music industry, first in the sale of
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`3
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`

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`recorded music by Jamaican artists in Jamaica, and subsequently the United States, and second in
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`producing, recording and promoting the music of Jamaican artists.
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`14.
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`In 1961 Randy Chin opened a store called Randy's Records in Kingston, Jamaica
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`selling musical records, primarily by Jamaican artists, which was subsequently moved in 1962 to
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`17 North Parade, Kingston, Jamaica.
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`15.
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`From 1960 to 1968, at outside recording studios, and from 1969 to 1979 at a
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`recording studio Randy Chin set up on the floor above the record store which became known as
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`Studio 17, Randy Chin produced and created numerous sound recordings by prominent and
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`important Jamaican artists.
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`16. The businesses of Randy's Records and Studio 17 were owned by Randy Chin as
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`a sole proprietorship. The real estate located at 17 North Parade, Kingston, Jamaica was owned
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`solely by Randy Chin.
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`17.
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`In or about 1977, Randy Chin, Patricia Chin, Christopher Chin and Plaintiff
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`opened a retail store under the name, Randy's of Jamaica/VP Records, initially at 170--03A
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`Jamaica Avenue, subsequently moved to 107-21 Jamaica Ave., and moved finally in 1992 to 89-
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`05 138th Street, Jamaica, Queens.
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`18.
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`In 1993 Plaintiff left VP Records.
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`19.
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`In 1993 Randy Chin retired and moved his residence to Pembroke Pines, Florida.
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`Patricia Chin did not accompany Randy Chin to Florida and remained resident in Queens, New
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`York. Randy Chin and Patricia Chin remained in their respective residences until Randy Chin's
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`death in 2003. The parties never entered into a separation agreement, never divorced and no
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`matrimonial proceedings were ever commenced.
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`20. Upon information and belief, in or about 1994, the defendant, Vincent David
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`4
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`

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`Chin, left his employment with the aerospace contractor, McDonnell Douglas, and commenced
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`working for VP.
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`21. Upon information and belief, Vincent David Chin and Christopher Chin have
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`been employed at VP as officers, directors and shareholders ofVP. Each own and personally
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`direct and supervise the operation of, and each personally derives economic benefit from, the
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`business of VP.
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`22.
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`Since its incorporation in New York in 1993, VP has become the largest and
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`preeminent record label involved in the promotion, distribution, and sale of sound recordings of
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`Jamaican music.
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`B.
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`The Randy Music Catalog.
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`23.
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`At a young age in the late 1960's Plaintiff started working at Randy's Records and
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`Studio 17. In the early 1970's he became the lead Producer at Studio 17 helping to make it one
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`of the most important Jamaican recording studios. Studio 17 was popular with many of
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`Jamaica's leading music producers. Lee "Scratch" Perry recorded several tracts there with Bob
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`Marley and the Wailers in 1970 to 1971, and other major stars to record there included Gregory
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`Isaacs, Dennis Brown, Burning Spear, and Johnny Nash.
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`24.
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`Plaintiff arranged, produced, created, recorded, and was a musical artist in
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`numerous sound recordings including sound recordings by "Randy's All-Stars" which included
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`among its members Wailers bassist and keyboard player, Aston Barrett, Tyrone Downie,
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`drummer Sly Dunbar, and keyboard player Horace Swaby, later to become known as Augustus
`
`Pablo. He recorded and produced "Java" an international hit by Augustus Pablo, and produced
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`the first "Dub" album by Augustus Pablo in 1973 entitled Java, Java Dub. In addition, he
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`produced and recorded numerous sound recordings for Dennis Brown, Black Uhuru, Lloyd
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`Parks, Delroy Wilson, Gregory Isaacs and Peter Tosh.
`
`25.
`
`Plaintiff was also a composer or lyricist, or both, in virtually every sound
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`recording he produced and created and, as a result, held a copyright interest in the underlying
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`musical composition of each such sound recording.
`
`26.
`
`Commencing in or about 1972, and continuing virtually to the present time,
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`Plaintiff, through his wholly-owned record label, IMPACT!, has released and caused to be
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`distributed "singles" and albums of the musical recordings he created and wrote, including the
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`internationally acclaimed album, This is Augustus Pablo.
`
`27.
`
`On the eve of Plaintiff's promotional trip to China on the "Back to China" tour
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`celebrating the 50th anniversary of Studio 17 in 2009, VP issued a press release (the "2009 Press
`
`Release") recognizing the release by Plaintiff ofhis sound recordings on the IMPACT! label and
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`his work and achievements. It stated, in part:
`
`"In the 1970's, Vincent's son Clive [Plaintiffj took off in the Randy's studio 17 where his father
`had left off, recording the next generation of local artists on his own label IMP ACT! Clive
`ushered in the emergence, along with his school friend Augustus Pablo, and creation of the
`earliest dub album, Java Java Java Java. Clive recorded other major contemporaries such as
`Dennis Brown, Black Uhuru and Gregory Isaacs - scoring a huge international hit with Carl
`Malcom's "Fattie Bum Bum" as well as conscious classics such as The Wailers' and Senya's
`"Oh Jah Come"
`
`28.
`
`Plaintiff and Randy Chin each individually produced and recorded sound
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`recordings by Jamaican artists totaling together in excess of one thousand one hundred (1,100)
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`recordings (the "Randy Music Catalog"). The Randy Music Catalog is embodied on one-quarter
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`inch, one-half-inch, one inch and two inch magnetic tape (the "Randy Catalog Tapes").
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`Approximately five hundred seventy (570) sound recordings of the Randy Music Catalog have
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`never been released and distributed for sale to the public. Embodied on the Randy Catalog
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`Tapes are all the sound recordings released by Plaintiff on his IMP ACT! Label. Fully sixty
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`percent (60%) percent of the sound recording on the Randy Catalog Tapes are released and
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`unreleased sound recordings created by and belonging to Plaintiff.
`
`29.
`
`In the late 1970's Studio 17 closed when Randy Chin, Patricia Chin, Plaintiff and
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`the remainder of their family immigrated to the United States and settled in Queens, New York.
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`Randy's Records remained open in Jamaica until1989.
`
`30.
`
`The Randy Catalog Tapes were stored at the premises of Studio 17, 17 North
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`Parade, Kingston, Jamaica, until1999. Thereafter, at Plaintiff's request, and with the knowledge
`
`of Randy Chin, the Randy Catalog Tapes were kept in safekeeping at Experience Music Project
`
`in Seattle, Washington, which cataloged and boxed the tapes. (A list of the Randy Catalog Tapes
`
`is attached as Exhibit A.) In July 2001 the Randy Catalog Tapes were sent by Experience Music
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`Project to Plaintiff in Queens, New York where they were stored at his home.
`
`31.
`
`On September 17, 2013, at the suggestion of Vincent David Chin, Plaintiff caused
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`the Randy Catalog Tapes to be delivered to VP for safekeeping at its premises in Queens New
`
`York.
`
`3 2.
`
`On March 31, 2014 Plaintiff sent a text message to Vincent David Chin seeking to
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`pick up the Randy Catalog Tapes.
`
`33.
`
`On the same day, Vincent David Chin refused Plaintiff access to the tapes sending
`
`a text message that "the tapes are safe where they are."
`
`34.
`
`Upon information and belief, the Randy Catalog Tapes are currently being held
`
`by VP at its premises at 89-05 138th Street, Jamaica, Queens.
`
`C.
`
`The Assignment of All Rights in The Randy Music Catalog to Plaintiff.
`
`35.
`
`Pursuant to "Agreement for the Transfer/Conveyance/Assignment of all Rights
`
`and Ownership Interest in Musical Compilation Known as 'Randy Music Catalog"' dated March
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`26, 2002 (the "Assignment"), Randy Chin conveyed, transferred, and assigned to Plaintiff:
`
`(a)
`
`All "rights, interests, and otherwise ... of every kind and description, tangible of
`
`[sic] intangible" in the Randy Music Catalog "regardless of whether or [not] reflected in the
`
`books and records of Assignor and any of the third-party but regarded as part of the interest of
`
`the Assignor in the "Catalog".
`
`(b)
`
`All right, title, and interest in all contracts, agreements, personal property leases,
`
`licenses and commitments relating to the Randy Music Catalog.
`
`(c)
`
`"Any and all goodwill of Assignor" which included all rights in any trademarks
`
`associated with the Randy Music Catalog.
`
`(A copy of the Assignment is attached as Exhibit B.)
`
`36.
`
`The Assignment operated only to assign and transfer whatever intellectual
`
`property, contract rights, brand and trademarks Randy Chin possessed in the sound recordings
`
`and musical compositions of the Randy Music Catalog. The Assignment did not assign and
`
`transfer the intellectual property rights of Plaintiff in the Randy Music Catalog sound recordings
`
`that Plaintiff himself created because Randy Chin did not own those rights.
`
`37.
`
`In addition, Plaintiffs rights as a composer and lyricist of the musical
`
`compositions are separate and distinct from his rights as the producer and creator of the Randy
`
`Music Catalog sound recordings upon which the compositions are embodied. Rights in sound
`
`recordings are subject to the rights of the composers, and the Assignment did not transfer any of
`
`Plaintiffs proprietary rights in the compositions embodied in the sound recordings because
`
`Randy Chin did not own those rights.
`
`38.
`
`On February 2, 2003 Randy Chin passed away leaving a Last Will and Testament
`
`dated January 8, 1999 (the "Will"). Pursuant to the Will, Randy Chin made specific bequests of
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`real estate located in Jamaica to Patricia Chin, Vincent David Chin, and Plaintiff with the
`
`remaining tangible and intangible property left to Patricia Chin. Randy Chin bequeathed the real
`
`estate located at 17 North Parade, Kingston, Jamaica to Plaintiff.
`
`39.
`
`Patricia Chin and Robert Lilly, as the named executors in the Will, sought probate
`
`of the Will in the Broward County Probate Court, Fort Lauderdale, Florida, under Case Number
`
`PRC030001424. The Will was admitted to probate, and the Estate of Vincent G. Chin (the
`
`"Estate") was established, on September 20, 2004. Notice to creditors was published on March
`
`21, 2005 resulting in two claims for medical bills totaling approximately $1,000. No other
`
`claims were made against the Estate. The Estate was closed by order of the court on December
`
`27,2010.
`
`40.
`
`Prior to, and at the time of the death of Randy Chin, and during the period of the
`
`administration of the Estate, Patricia Chin, Vincent David Chin, and Christopher Chin were
`
`aware of the existence of the Randy Music Catalog, and Plaintiffs ownership of the Catalog.
`
`41.
`
`Shortly after the Assignment, Plaintiff showed Patricia Chin the Assignment and
`
`told her that Randy Chin had transferred and assigned the Randy Music Catalog to him.
`
`42.
`
`In 2004, Plaintiff, with the knowledge and consent of Vincent David Chin and
`
`Christopher Chin, commenced occupying office space at VP's premises to exploit the Randy
`
`Music Catalog sound recordings using the name, "Randy's Music". On November 19, 2013
`
`Plaintiff incorporated a New York Corporation, Randy's Music Group, Inc. Defendants were all
`
`well aware that Plaintiff was seeking to exploit the Randy Music Catalog from his office at VP's
`
`premises.
`
`43.
`
`VP and Vincent David Chin recognized and acknowledged Plaintiffs rights in the
`
`Randy Music Catalog in the 2009 Press Release, and in multiple licenses entered into by VP, and
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`its publishing subsidiary, with Plaintiff for the sound recordings and musical compositions of the
`
`Randy Music Catalog songs.
`
`44.
`
`Patricia Chin, recognizing Plaintiffs rights in the Randy Music Catalog, insisted
`
`and urged Plaintiff to enter into one or more of such licenses with VP.
`
`45.
`
`If the Assignment was invalid, as VP, Patricia Chin and Vincent David Chin have
`
`recently claimed, the Randy Music Catalog and the Randy Catalog Tapes would have been assets
`
`of the Estate passing to Patricia Chin under the Will. No claim, however, was made by the
`
`Estate or Patricia Chin that the Assignment was invalid, or that either the Randy Music Catalog
`
`or Randy Catalog Tapes were assets of the Estate.
`
`D.
`
`Plaintiffs Licenses to VP.
`
`46.
`
`VP and its affiliates have entered into a number of licenses with Plaintiff for the
`
`sound recordings and musical compositions of songs in the Randy Music Catalog. Two of such
`
`licenses are set forth below.
`
`47.
`
`On or about April12, 2011, Plaintiff entered into a Master Use Agreement with
`
`VP pursuant to which Plaintiff issued a nonexclusive, irrevocable and perpetual right and license
`
`to use and exploit the following master sound recordings:
`
`(a)
`
`Randy's All-Stars "Fast Mouth"
`
`(b)
`
`Alton Ellis "Ska Beat" and
`
`(c)
`
`The Skatalites "Collie Bud".
`
`(the "Master Use Agreement").
`
`48.
`
`Plaintiff is the producer and creator ofthe sound recordings "Fast Mouth" and
`
`"Collie Bud" and therefore the rights belonged to Plaintiff and were not rights assigned or
`
`transferred by the Assignment. Plaintiffs rights in "Ska Beat" were assigned to him by Randy
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`Chin as part of the Assignment.
`
`49.
`
`On or about July 7, 2009, Plaintiff entered into an Administration Agreement (the
`
`"Administration Agreement") with Greensleeves pursuant to which Greensleeves was to
`
`administer, for the period from October 1, 2009 to September 30,2012, with a six-month
`
`collection period, Plaintiff's rights in musical compositions in which possessed an interest,
`
`including licensing and otherwise exploiting the musical compositions, and collecting and paying
`
`to Plaintiff his portion of royalties due him from such exploitation.
`
`E.
`
`VP and Greensleeve' s Licenses of Randy Catalog Sound Recordings and Musical
`Compositions.
`
`50.
`
`On or about October 7, 2013, STB, ostensibly as agent for Greensleeves, licensed
`
`Plaintiff's fifty (50%) percent portion of the musical composition, "Ska Beat", to
`
`72andSunnypartners, LLC for a one year period for use for use in a thirty (30) second
`
`commercial for Google, Inc. (the "Google Musical Composition License"). The license fee under
`
`the agreement was $50,000 which was received by STB/Greensleeves.
`
`51.
`
`STB entered into the Google Musical Composition License on behalf of Plaintiff,
`
`without prior notice to Plaintiff, notwithstanding that the Administration Agreement had expired
`
`on September 30, 2012.
`
`52.
`
`Upon information and belief, on or about October 7, 2013, VP entered into a
`
`license agreement with 72andSunnypartners, LLC for Plaintiffs 100% interest in the sound
`
`recording of "Ska Beat" for use in the commercial for Google Inc. (the "Google Sound
`
`Recording License"). Upon information and belief, the Google Sound Recording License was
`
`for a one-year period and the license fee was $100,000 with 25% payable to Rhino Records as
`
`placement agent, and 50% of the remainder, $37,500, payable to Plaintiff.
`
`F.
`
`Contrived Claims Of Rights By Patricia Chin in the Randy Music Catalog.
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`53.
`
`Upon information and belief, as a result of the offer made by ADA, detailed
`
`below, to distribute the Randy Music Catalog, the negotiations leading to the Google Musical
`
`Composition License and the Google Sound Recording License, and the issuance of licenses
`
`themselves, Defendants came to realize the actual and potential value of the Randy Music
`
`Catalog. Patricia Chin, and the remaining Defendants, through Patricia Chin's "attorney",
`
`Declan P. Redfern, Esq. ("Redfern"), commenced contriving a series of shifting and inconsistent
`
`arguments in letters to Plaintiffs attorneys claiming that the Randy Music Catalog did not belong
`
`to Plaintiff.
`
`54.
`
`By letters dated March 4, 2014 and March 31, 2014, Redfern claimed that the
`
`copyrights in the Randy Music Catalog were part of the "marital estate" of Patricia Chin and
`
`Randy Chin, and since the Assignment was made without the consent of Patricia Chin it was
`
`"void ab initio ".
`
`55.
`
`By letter dated April11, 2014, Redfern discarded his asse