Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA705245
`ESTTA Tracking number:
`10/28/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91223901
`Defendant
`Eisold, Wesley
`LOUIS SMOLLER, ESQ.
`SAVUR THREADGOLD LLP
`225 BROADWAY STE 2420
`NEW YORK, NY 10007-3711
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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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`ls@savurlaw.com;at@savurlaw.com
`Motion to Suspend for Civil Action
`Louis smoller
`LS@savurlaw.com
`/louis smoller/
`10/28/2015
`CossarVEisold - TTAB motion for suspension 2015-10-28-.pdf(5707015 bytes )
`
`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`TIMOTHY COSSAR,
`On behalf of himself individually
`and on behalf of the American
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`Nightmare Partnership,
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`Opposer,
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`v.
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`WESLEY EISOLD,
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`Applicant.
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`Opposition No. 91223901
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`Application Serial No. 86430356
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`Published: May 26, 2015
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`APPLICANT WESLEY EISOLD’S MOTION FOR SUSPENSION
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`Pursuant to Rule 2.117 of the Trademark Rules of Practice and Section 510.02(a) of the Trademark Trial and
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`Appeal Board Manual, Applicant hereby moves that the above referenced proceeding be suspended pending the
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`outcome of Civil Action No. BC595859 Timothy Cossar v. American Nightmare and Wesley Eisold (the “Civil
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`Action”) filed in the Superior Court of California County of Los Angeles – Central District. A copy of the complaint
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`is attached.
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`The pending Civil Action involves issues in common with the opposition proceeding pending herein and
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`resolution of the Civil Action will have a bearing on this immediate matter. Applicant respectfully requests an
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`immediate suspension of the remaining trial schedule and a stay of all proceedings until the Civil Action is disposed
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`Respectfully submitted,
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`By:
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`/s/ Louis Smoller
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`Louis Smoller, Esq.
`Savur Threadgold LLP
`225 Broadway, Suite #2420
`New York, NY 10007
`Attorney for Applicant
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`CERTIFICATE OF SERVICE
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`This is to certify that a copy of the foregoing Motion For Suspension was served on counsel of Opposer:
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`Paul Karl Lukacs, Esq.
`Law Office of Paul Karl Lukacs
`264 South Doheny Drive, Suite 9
`Beverly Hills, CA 90211
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`By email at pkl@lukacs-law.com and by mail, postage prepaid, this 28th day of October 2015
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`By:
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`/s/ Louis Smoller
`Louis Smoller, Esq.
`Savur Threadgold LLP
`225 Broadway, Suite #2420
`New York, NY 10007
`Attorney for Applicant
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`

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`SUM-100
`FDR COURT USE ONLY
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`(SOLO PARA USO DE LA CORTE}
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`CONFDRMED COPY
`ORIGINAL FILED
`so erlorcourt o1Call‘lorn‘ra
`ounty of Los Anneles
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`Sllf’-"2 52015
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`
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`(CITACION JUDICIAL)
`NOTICE TO DEFENDANT:
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`S U M M O N S
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`(A l/ISO AI. DEMANDADO):
`AMERICAN NIGHTMARE, a California general partnership;
`WESLEY EISOLD; and DOES 1 to 20, inclusive
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`YOU ARE_ BEING SUED BY PLAINTIFF:
`(LO ESTA DEMANDANDO EL DEMANDANTE):
`TIMOTHY COSSAR
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`Sherri Fl. carter. Executive Uliiueritllarlr
`By: Judi Lara. Dermlr
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`NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
`below.
`-
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`You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy
`served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your
`case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts
`Online Self-Help Center (www.courtinfo.ca.gov/seifheip), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask
`the court clerk for a fee waiver form. If you do not file your response on time. you may lose the case by default. and your wages, money, and property
`may be taken without further warning from the court.
`There are other legal requirements. You may want to call an attorney right away. if you do not know an attorney. you may want to call an attorney
`referral service. If you cannot afford an attorney, you may be eligible for free legal seniices from a nonprofit legal services program. You can locate
`these nonprofit groups at the California Legal Services Web site (www.iawheipcaiifomia.org), the California Courts Online Self-Help Center
`(www.coor'tinfo.ca.gov/seilheip), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
`costs on any settlement or arbitration award of $‘l0.U00 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
`;.i1‘I/ISO! Lo hen demandado. Si no responds dentro de 30 dies, la corto poede decidir en su contra sin escochar so version. Lea ia inforrnacion a
`continuacion.
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`Tiene 30 Di/is DE CALENDARIO después de que ie entregoen esta citacion y papeies iegaies para presenter ona respuesra por escrito en esta
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`corre y hacer qua se entregue one copia at dernandanre. Una carta o una liamada teiefonica no lo protegen. So respuesta pcr escrito tiene que estar
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`err formato iegai corrects si desea qoe procesen so case en la cc-rte. Es posibie que have on forrnoiario que usted pueda osar para so respuesta.
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`Poede encontrar estos fom:-uiarios do is corte y mas inforrrracion en ei Centro de Ayoda da tas Cortes do Caiifornia (V-rww.sucorte.ca.gov), an is
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`bibiioteca de leyos do so condado er en la corte que to queue mas cerca. Si no puede pagaria cuota de presentacion, pida ai secretario de is code
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`qua is dé on formuiario de exencién de page do coolas. Si no presents so respuests a tiempo, poede perder ei caso porincornpiimiento y is corie ie
`padre qoitar so sueido, dinero ybienes sin rna's advertenoia.
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`Hey or.-os requisites iegaies. Es recorrrendable qoe iiarne a on abogado inmediatamente. Si no conoce e on abogado, poede iiamara on servicio do
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`remision a abogados. Si no puede pager a on abogado. es posible que cumpla con los requisites para obtener servicios iegaies gratuiros do on
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`programa de servicios iegaies sin fines do iocro. Poede encontrar estos grupos sin fines do iocro en ei sitio web de California Legal‘ Services,
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`{www.lawheIpcaiifornia.org}. en ei Centre de Ayoda do ias Cortes de Caiifomia, fwww.sucorte.ca.gov) o poniéndose en contacto con la cone a re.‘
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`coiegio do abogados locales. Al/ISO: For iey, la cone tiene derecho a reciamarias cootas y ios costos exentos porirnponer on gravamen sobre
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`coeiqoier recoperecion do $10,000 :5 mas de vaior recibicia rnediante on acoerdo o ona concesion de arbirraje on on case do derecho civil. Tiene qoe
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`pagar oi grravarnen de la cone antes de qua ia corte poeda desechar ei caso.
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`CASE NUMBER:
`The name and address of the court is:
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`(Ei rrombre y direccion de la some as}:
`Los Angeles Superior Court, III N. Hill Street, Los Angeles, CA 90012
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`ruumamaerc.-so): 5 9 g g 5 8
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`The name. address, and telephone number of plaintiffs attorney, or ptaintiff without an attorney, is:
`(Ei nombre, ia direccion y ei numero ole teiéfono dei abogado dei demandante, o dei dernandante qoe no tieno abogado, es):
`Paul Kar1Lukacs, Esq., 264 South Doheny Drive, Suite 9, Beverly Hills, CA 90211; te£,5+1—310-929-7836
`DATE: September 23, 2015
`Clerk, by
`K -
`- £3‘
`. Deputy
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`5HERBl Fl. CARTER
`(Fecha)
`(Secretario)
`{Aojuni.‘o)
`(For proof of service of this summons, use Proof of Service of Summons {form POS-010).)
`{Para pros-be o‘e enfrega do esfa citation use ei formoiario Proof of Service of Summons. (POS~010)).
`NOTICE TO THE PERSON SERVED: You are served
`1. :1 as an individual defendant.
`2. |:| as the person sued under the fictitious name of (specify):
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`4'
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`.
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`3_
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`‘
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`__i _,,.r
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`, .
`J.
`-",;
`/I VIM ' 4em.¢.u«{'
`« rwiitfié --x L /Ii; "
`.
`“'
`-
`,‘U1E.lQy«L‘
`on behalfoffspecifj/).'
`!
`Err‘) (Q mi 55 I
`iv’ / v’{,._!1,
`.
`[:1 CCP416.6D (minor)
`5
`under: l:l CCP 416.10 (corporation)
`|:| CCP 416.70 (conservatee)
`|:l CCP 416.20 (defunct corporation)
`CCP 416.40 {association or partnership) |:| CCP 416.90 (authorized person)
`Z] other (specify):
`4. I: by personal delivery on (date):
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`Page 1 of 1
`Code of Civil Procedure §§ 412.20. ass
`su HMONS
`Farm Adapted for M§Qd§_l_0rr Use
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`

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`PAUL KARL LUKACS (BAR NO. 197007)
`LAW OFFICES OF PAUL KARL LUKACS
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`ever y
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`E64 S(1}utII:1I_]13l0h8IAy9I3EI¥{13, Suite 9
`Tel.: (310) 929-7836
`pk1@Iukacs-1aw.com
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`1 s,
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`Attorne S for Plaintiff
`TIMOT
`COSSAR
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`::.=
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`,,,g,fi,g_Gr~'£”E,5?,EEfi*,PY
`‘J COW‘
`v
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`mm 4 Caner gm 1.
`Ev: Jud: L3,: I']”e9p3gIcer/Clerk
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`SUPERIOR COURT OF THE STATE OF CALIFORNIA
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`COUNTY OF LOS ANGELES -— CENTRAL DISTRICT
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`UNLIMITED JURISDICTION
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`Case No.
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`33595359
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`COMPLAINT FOR:
`1. PARTNERSHIP BUYOUT
`2. ACCOUNTING
`3. PARTNERSHIP DISSOLUTION
`4. BREACH OF
`FIDUCIARY DUTY
`5. BREACH OF
`PARTNERSHIP AGREEMENT
`6. DECLARATORY RELIEF
`
`DEMAND FOR
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`)
`)
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`) ) )
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`TIMOTHY COS SAR,
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`Plaintiff,
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`v.
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`AMERICAN NIGHTMARE,
`21 California general partnership;
`WESLEY EISOLD;
`and DOES 1 to 20, inclusive,
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`Defendants.
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`JURY TRIALI
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`Lukacs264SouthDohenyDrive,Suite9BeverlyHills,
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`LawOfficesofPaulKarl
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`California9021I(310)
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`929-7836
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`20
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`1
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`COMPLAINT
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`Lukacs264SouthDohenyDrive,Suite9BeverlyHills,
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`LawOliicesofPaulKarl
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`California90211(310)
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`929-7836
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`COMPLAINT
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`to
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`lg)
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`Plaintiff Timothy Cossar, demanding trial by jury, hereby pleads as follows:
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`1.
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`Timothy Cossar is a creative force behind the popular punk rock band
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`American Nightmare, in which he is a guitarist, composer and vocalist. Mr. Cossar was
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`also one of the band’s founders, the man who was integral in shaping the band"‘s sound
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`and in securing the band’s relationships with bookers, agents, merchandisers, record
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`labels and other music industry professionals in both the United States and abroad.
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`2.
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`Defendant Wesley Eisold is the lead singer and principal lyricist for the
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`band American Nightmare. Mr. Eisold is an admittedly talented man, but he is a
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`controlling individual who wants to dictate band decisions, often in self-serving ways
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`that benefit him at the expense of the band and its other members.
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`3.
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`From a legal perspective, the band American Nightmare is a California
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`general partnership, and Mr. Cossar is one ofthe partners. The band and its members
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`owe Mr. Cossar multiple legal duties, but the band and Mr. Eisold have decided to
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`breach those obligations.
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`4.
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`On or about March 12, 2015, the band American Nightmare purported to
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`oust Mr. Cossar from the band.
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`5.
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`The band had no legal grounds for its attempted ouster of Mr. Cossar. The
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`ouster was invalid as it was not authorized by law nor by the band’s partnership
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`agreement. Moreover, in the event the ouster was lawful, the band owes Mr. Cossar a
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`buyout price for his interest in the partnership. Needless to say, American Nightmare has
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`never paid or even offered to pay Mr. Cossar a partnership buyout price.
`2
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`COMPLAINT
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`6.
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`Mr. Eisold has turned against Mr. Cossar. It is only a matter of time before
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`Mr. Eisold turns against the other members of the band. Mr. Eisold is, in music industry
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`slang, “pulling an Axl Rose” — taking dictatorial control of the band and hogging the
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`financial and other rewards. None of the remaining band members is safe.
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`THE PARTIES
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`7.
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`Plaintiff Timothy Cossar is a natural person who is now and was at all
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`relevant times a resident of the County of Los Angeles, State of California.
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`8.
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`Defendant American Nightmare is a California general partnership with, at
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`all relevant times, its principal place of business in the County of Los Angeles, State of
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`California.
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`9.
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`Defendant Wesley Eisold is a natural person who is now and was at all
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`relevant times a resident of the County of Los Angeles, State of California.
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`10.
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`The true names and capacities, whether corporate, associate, individual or
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`otherwise of Defendants Does 1 through 20, inclusive, are unknown to plaintiff, who
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`therefore sues said defendants by such fictitious names. Each of the defendants
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`designated herein as a Doe is legally responsible in some manner for the acts and/or
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`omissions herein referred to and caused injuries and damages proximately thereby to
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`plaintiff, as herein alleged. Plaintiff will, to the extent required by law, seek leave of the
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`Court to amend this Complaint to show their names and capacities when the same have
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`been ascertained.
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`Lukacs264SouthDohenyDrive,Suite9Beverly
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`LawOliicesofPaulKarl
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`1-Iills,California90211(310)
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`929-7836
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`COMPLAINT
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`JURISDICTION AND VENUE
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`11.
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`The Superior Courts of the State of California may exercise general and/or
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`specific jurisdiction over the parties to this dispute and may also exercise subject matter
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`jurisdiction over the subject matter of this dispute.
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`12.
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`The Los Angeles Superior Court is the proper venue for the trial of this
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`- civil action.
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`13.
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`This is an action which may be filed in the Stanley Mosk Courthouse in the
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`Central District of the Los Angeles Superior Court.
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`FIRST CAUSE OF ACTION
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`PARTNERSHIP BUYOUT
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`(Against American Nightmare)
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`14.
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`Plaintiff Timothy Cossar hereby re-alleges the content of paragraphs 1 to 4,
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`inclusive, of this Complaint as if plead here in full.
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`15.
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`At all relevant times, Plaintiff Timothy Cossar was a partner in American
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`Nightmare, a band that was and is a California general partnership.
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`16.
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`On or about March 12, 2015, Defendant American Nightmare dissociated
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`Timothy Cossar from the American Nightmare partnership.
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`1?.
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`On or about April 30, 2015, Plaintiff Timothy Cossar served written notice
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`upon American Nightmare demanding that American Nightmare buy out Mr. Cossar’s
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`partnership interest pursuant to, among other bases, California Corporations Code
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`section 16701.
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`'
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`' "
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` _m.
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`COMPLAINT
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`4
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`Lukacs264SouthDohenyDrive,Suite9BeverlyHills,
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`LawOfficesofPaulKarl
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`California90211(310)
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`929-3836
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`l\-JIN}v—-—-—-_-_-u-4»-cr---\’-'G\D00»-.'IChlJI.hU)to
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`18.
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`From March 12, 2015, to the present, American Nightmare has not
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`tendered a payment to Mr. Cossar of his partnership interest nor has American
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`Nightmare offered to pay Mr. Cossar for his partnership interest.
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`19. Mr. Cossar is entitled to a payment from American Nightmare of the
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`greater of the liquidation value or the going-concern value of his interest in the
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`_ partnership. The calculation of the liquidation value andfor the going-concem value
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`includes, without limitation, the value of the AMERICAN NIGHTMARE trademark.
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`(The AMERICAN NIGHTMARE trademark is owned by the partnership or is co-owned
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`by each of the partners; the AMERICAN NIGHTMARE trademark is not owned solely
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`by Mr. Eisold).
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`SECOND CAUSE OF ACTION
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`ACCOUNTING
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`(Against American Nightmare)
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`20.
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`Plaintiff Timothy Cossar hereby re-alleges the content of paragraphs 1 to 4,
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`inclusive, of this Complaint as if plead here in fisll.
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`Lukacs264SouthDohenyDrive,Suite9BeverlyHills,
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`LawOfficesofPaulKarl
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`California90211(310)
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`9294836
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`E
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`IN.)n—|—4n—-—-u-4>-nu—In--5‘O09"-IO\U:45-la-3Is}
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`21 .
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`At all relevant times, Plaintiff Timothy Cossar was a partner in American
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`I0Id
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`Nightmare, a band that was and is a California general partnership.
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`22.
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`A fiduciary andfor confidential relationship exists between Timothy
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`24
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`26
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`2'?
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`Cossar, on the one hand, and American Nightmare and Wesley Eisold, on the other hand.
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`Specifically, Mr. Cossar is either still a partner of American Nightmare and due
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`accountings and payments, or Mr.-Gossar is a lawfully dissociated former partner who is
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`due accountings and payments.
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`COMPLAINT
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`

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`23.
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`A balance is due from American Nightmare to Timothy Cossar that can
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`only be ascertained by an accounting. Mr. Cossar is due, among other things, his
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`percentage interest in all revenues received by American Nightmare for which Mr.
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`Cossar has not yet been paid his percentage interest. Mr. Cossar requires an accounting
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`because, without limitation, Mr. Cossar is unaware — being denied access to American
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`_ Nightmare’s books and records — of the exact amounts and origins of many American
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`Nightmare proceeds. Thus, with regard to his participation in such revenues, Mr. Cossar
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`cannot allege a sum certain for recovery nor can he allege a sum that can be made certain
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`by calculation.
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`Lukacs264SouthDohenyDrive,Suite9BeverlyHills,
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`LawOfliccsofPaulKarl
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`California902]1(310)
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`929-7836
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`24.
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`The accounting which is due to Mr. Cossar includes Mr. Cossar’s proceeds
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`derived from, without limitation, record royalties and advances, publishing royalties and
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`advances, revenues from live performances, and revenues from merchandising (said
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`merchandising revenues including monies derived fiorn the licensing and exploitation of
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`the AMERICAN NIGHTMARE trademark).
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`THIRD CAUSE OF ACTION
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`PARTNERSHIP DISSOLUTION
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`(Against American Nightmare)
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`25.
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`Plaintiff Timothy Cossar hereby re—al1eges the content of paragraphs 1 to 4,
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`inclusive, of this Complaint as if plead here in full.
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`26.
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`At all relevant times, Plaintiff Timothy Cossar was a partner in American
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`Nightmare, a band that was and is 5 California general partnership.
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`23
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`24
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`25
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`26
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`27
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`28
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`COMPLAINT
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`

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`27.
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`On or about March 12, 2015, Defendant American Nightmare purported to
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`dissociate Timothy Cossar fi*om the American Nightmare partnership. The dissociation
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`was invalid because, without limitation, American Nightmare had neither legal nor
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`factual basis to dissociate Mr. Cossar. Ergo, Mr. Cossar remains a partner in American
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`Nightmare.
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`28.
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`Since March 12, 2015, American Nightmare has frozen out Mr. Cossar
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`with regard to all partnership decisions and operations. For example, but certainly
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`without limitation, American Nightmare refuses to allow Mr. Cossar to vote on
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`partnership decisions, to perform with the band, to determine new concert dates or to
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`access partnership books and records.
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`29. Without Mr. Cossar’s active participation, the economic purpose of the
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`partnership is likely to be unreasonably frustrated. Mr. Cossar’s contributions to the band
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`are a key determinant of the band’s success. Many fans will not accept the hand without
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`Mr. Cossar’s active participation.
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`30.
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`Another partner, specifically, Defendant Wesley Eisold, has engaged in
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`conduct relating to the partnership business that makes it not reasonably practicable to
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`carry on the business in partnership with Defendant Wesley Eisold. For example, and
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`without limitation, Mr. Eisold brooks no dissent and is attempting to operate the band on
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`a dictatorial basis in violation of partnership law and the partnership agreement. For
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`example, and without limitation, lV[r. Eisold fired the band’s tour manager in January
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`2015 without the consent of theiothcr band members.
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`Lukacs264SouthDohenyDrive,Suite9BeverlyHills,
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`LawOffices01''PaulKarl
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`California902]1(310)
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`929-7836
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`COIVIPLAINT
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`31.
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`It is not reasonably practicable to carry on the partnership business in
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`conformity with the partnership agreement — particularly since Mr. Eisold now
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`dominates the band and ignores both the partnership agreement and partnership law.
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`32.
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`The American Nightmare partnership should be ordered dissolved by
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`judicial decree and its assets (including the AMERICAN NIGHTMARE trademark)
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`. should be distributed pursuant to law. Moreover, as part of the dissolution, each partner’s
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`personal and individual property (e.g., copyright percentages of certain musical
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`compositions, revenue rights for certain sound recordings) should be fully and finally
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`mernorialized.
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`FOURTH CAUSE OF ACTION
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`BREACH OF FIDUCIARY DUTY
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`(Against Wesley Eisold)
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`33.
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`Plaintiff Timothy Cossar hereby re—alleges the content of paragraphs 1 to 5,
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`inclusive, of this Complaint as if plead here in full.
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`34. Wesley Eisold owed and continues to owe Timothy Cossar certain
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`fiduciary duties including the duty of loyalty and the duty of care.
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`35. Wesley Eisold has breached his fiduciary duties to Mr. Cossar by, without
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`limitation, failing to account and/or failing to cause the partnership to account to and pay
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`Mr. Cossar his percentage of partnership proceeds.
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`36. Wesley Eisold has breached his fiduciary duties to Mr. Cossar by, without
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`limitation, failing to hold as trustee’ for the partnership any property, profit or benefit
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`Drive,Suite9BeverlyHills,LawOfficesofPaulKarlLukacs264SouthDoheny
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`California90211
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`(310)929-17836
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`COMPLAINT
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`derived by Mr. Eisold in the conduct of the partnership business or derived from a use by
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`2 Mr. Eisold of partnership property or information.
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`37. Wesley Eisold has breached his fiduciary duties to Mr. Cossar by, without
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`limitation, competing with the partnership in the conduct of partnership business.
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`5
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`38. Wesley Eisold has breached his fiduciary duties to Mr. Cossar by, without
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`, limitation, moving or attempting to move the American Nightmare merchandising
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`contract from a reputable and established merchandising company to Mr. Eisold’s
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`personally owned and/or controlled merchandising company — benefitting Mr. Eisold at
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`§
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`the expense of the band and its members.
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`39. Wesley Eisold breached his fiduciary duties to Mr. Cossar by, without
`limitation, unilaterally taking total control ofthe band’s social media and online
`presence. Wesley Eisold breached his fiduciary duties to Mr. Cossar by, without
`limitation, unilaterally firing the band’s tour managerin January 2015.
`40. When Wesley Eisold breached his fiduciary duties to Mr. Cossar, Mr.
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`g
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`19 Eisold acted inconsistently with his obligation to discharge his duties consistently with
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`the obligation of good faith and fair dealing.
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`41. Wesley Eisold has breached his fiduciary duties to Mr. Cossar by, Without
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`23
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`limitation, engaging in grossly negligent conduct, reckless conduct, intentional
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`misconduct, and/or a knowing violation of the law, including the defaults and
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`defalcations pled herein.
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`COMPLAINT
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`42. Wesley Eisold’s breach of his fiduciary duties to Mr. Cossar has harmed
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`Mr. Cossar in an amount to be proven at trial but which is in excess of the jurisdictional
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`minimum of this Court.
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`43. Wesley Eisold engaged in malice, fraud and/or oppression when he
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`breached his fiduciary duties to Mr. Cossar.
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`FIFTH CAUSE OF ACTION
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`BREACH OF PARTNERSHIP AGREEMENT
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`(Against American Nightmare and Wesley Eisold)
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`Lukacs264SouthDohenyDrive,Suite9BeverlyHills,
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`LawOfficesofPaulKarl
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`California902!l(310)
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`929-7836
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`44.
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`Plaintiff Timothy Cossar hereby re-alleges the content of paragraphs 1 to 5
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`9
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`inclusive, of this Complaint as if plead here in full.
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`45.
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`The members of the American Nightmare partnership agreed, orally and/or
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`by factual implication, to a partnership agreement with certain terms. The American
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`Nightmare partnership and/or Mr. Eisold have breached certain of those terms.
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`46.
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`For example, and without limitation, the members of the American
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`Nightmare partnership agreed that each co-creator of a song would receive an ownership
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`interest in that song. Despite Written demand, American Nightmare and/or Mr. Eisold
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`have refused to verify, confinn, account or make payments to Mr. Cossar on songs
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`which Mr. Cossar co-authored.
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`47.
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`For example, and without limitation, the members of the American
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`Nightmare partnership agreed that each partner would receive a portion of the
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`partnership’s proceeds from recording, live performances, music publishing and
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`merchandising.
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`COMPLAINT
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`LawOfficesofPaulKarlLukacs
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`264SouthDohenyDrive,Suite9BeverlyHills,
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`California902!l (310)
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`929-7836
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`48.
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`Despite written demand, American Nightmare and/or Mr. Eisold have
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`refused to verify, confirm, account or make payments to Mr. Cossar of Mr. Cossar’s
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`proceeds from such contracts.
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`49.
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`For example, and without limitation, the partnership agreement does not
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`allow Mr. Eisold to make all material decisions for the band, but, in breach ofthe
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`‘partnership agreement, Mr. Eisold is making or attempting to make all material decisions
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`for the band. For example, and without limitation, the partnership agreement does not
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`allow Mr. Eisold to unilaterally terminate band personnel, yet, in breach of the
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`partnership agreement, Mr. Eisold terminated the band’s tour manager in January 2015.
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`50.
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`For example, and without limitation, the partnership agreement does not
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`allow Mr. Cossar to be ousted from the band and the partnership in the manner in which
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`Mr. Cossar was ousted.
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`51.
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`The breaches pied herein have harmed Mr. Cossar in an amount to be
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`determined at trial but which are in excess of the jurisdictional minimum of this Court.
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`SIXTH CAUSE OF ACTION
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`DECLARATORY RELIEF
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`(Against American Nightmare and Wesley Eisold)
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`52.
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`Plaintiff Timothy Cossar hereby re-alleges the content of paragraphs 1 to 4,
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`inclusive, of this Complaint as if plead here in filll.
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`53.
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`Plaintiff Timothy Cossar desires a declaration of his rights or duties with
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`respect to Defendants American Nightmare and Wesley Eisold and in respect to, in, over
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` :____
`CORIPLAINT
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`Lukacs264SouthDohenyDrive,Suite9BeverlyHills,
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`LawOfficesofPaulKarl
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`California9021I(310)
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`929-7836
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`or upon property, said property being the assets and/or purported assets of the American
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`Nightmare partnership.
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`54.
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`Plaintiff Timothy Cossar respectfully requests a declaration that property
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`and/or purported property of the American Nightmare partnership is owned either by the
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`partnership as a whole or is co—owned by each of the partners. Plaintiff Timothy Cossar
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`_ respectfiilly requests a declaration that none of the property of the partnership (including,
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`without limitation, the Al\/£ER_lCAN NIGHTMARE trademark) is solely the property of
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`Wesley Eisold (apart from Mr. Eisold’s bonafide individual property, discussed infra).
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`Plaintiff Timothy Cossar also respectfully requests a declaration, determination (if
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`necessary) and rnemorialization of each partner’s personal and individual property rights
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`(e.g., copyright percentages of certain musical compositions, revenue rights for certain
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`sound recordings).
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`PRAYER
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`WI-TEREFORE, Plaintiff Timothy Cossar prays that this Court enter a final
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`judgment, order and decree against Defendants American Nightmare and!or Wesley
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`Bisold as follows:
`
`Against Defendant American Nightmare:
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`1.
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`For a buy out of Plaintiff Timothy Cossar’s partnership interest in
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`Defendant American Nightmare pursuant to California Corporations Code section 16701
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`and other applicable law in the amount of $900,000 or in accordance with proof;
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`2.
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`For an accounting- of all monies due and owing from Defendant American
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`Nightmare to Timothy Cossar in the sum of $900,000 or in accordance with proof;
`12
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`COMPLAINT
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`3.
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`For the dissolution and winding up of the American Nightmare partnership,
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`including, without limitation, a settlement of all partnership accounts, with a payment to
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`Timothy Cossar in the sum of $900,000 or in accordance with proof;
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`4.
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`For the imposition of a constructive trust upon all property held by or in
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`the name of Defendant American Nightmare which is now or will ultimately be due or
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`. will be due to be paid or otherwise distributed to Timothy Cossar, said property being in
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`the sum or value of $900,000 or in accordance with proof;
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`5.
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`6.
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`For specific performance of the partnership agreement;
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`For a declaration that the property of the American Nightmare partnership
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`(including, without limitation, the AMERICAN NIGHTMARE trademark) is owned by
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`either Defendant American Nightmare or is co-owned by the partners, but is not owned
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`solely by Defendant Wesley Eisold, according to proof;
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`7.
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`For a declaration, determination and/or memorialization of what property
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`is the individual property of each partner;
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`8.
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`For pre-j udgment and!or post-judgment interest to the extent allowed by
`
`law;
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`9.
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`For attorneys’ fees to the extent allowed by law;
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`10.
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`For costs to the extent allowed by law; and/or
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`1 1.
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`For whatever other relief the Court deems just and proper.
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`Against Defendant Wesley Eisold:
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`12.
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`For compensatory damages in the sum of $900,000 or according to proof;
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`13.
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`For punitive damages in accordance with proof;
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`COMPLAINT
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`Lukacs264SouthDohenyDrive,Suite9BeverlyHills,
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`LawOfficesofPaulKarl
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`California902]1(310)
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`929-7836
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`14.
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`For the imposition of a constructive trust upon all property held by or in
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`the name of Wesley Eisold, in his individual capacity or in his capacity as a partner of
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`American Nightmare, which is now or will ultimately be due or will be due to be paid or
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`otherwise distributed to Timothy Cossar, said property being in the sum or value of
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`$900,000 or in accordance with proof;
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`15.
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`For specific performance of the partnership agreement;
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`16.
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`For a declaration that the property of the American Nightmare partnership
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`(including the AMERICAN NIGHTMARE trademark) is owned by either Defendant
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`American Nightmare or is co-owned by the partners, but is not owned solely by
`
`Defendant Wesley Eisold, according to proof;
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`17.
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`For pre-judgment and!or post-judgment interest to the extent allowed by
`
`law;
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`18-
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`For attorneys’ fees to the extent allowed by law;
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`19.
`
`For costs to the extent allowed by law; and!or
`
`20.
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`For whatever other relief the Court deems just and proper.
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`Respectfully Submitted,
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`Dated: September 23, 2015
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`LAW OFFICES OF
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`PAUL KARL LUKACS
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`By: Z///.,/A/é»/"’
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`Paul Karl Lukacs
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`-
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`' "
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`Attorneys for
`Plaintiff TIMOTHY COSSAR
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`COMPLAINT
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`Lukacs264SouthDohenyDrive,Suite9BeverlyHills,
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`LawOfficcsofPaulKarl
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`California9021I(310)
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`929-7836
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`DEMAND FOR JURY TRIAL
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`Plaintiff Timothy Cossar demands trial by jury on all issues so triable.
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`Dated: September 23, 2015
`
`LAW OFFICES OF
`
`Respectfully Submitted,
`
`PAUL KARL LUKACS
`
`X///l/z,/g/*
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`
`Paul Karl Lukacs
`
`By:
`
`Attorneys for
`Plaintiff TIMOTHY COS SAR
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`Lukacs264SouthDohenyDrive,Suite9BeverlyHills,
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`LawOlficcsofPaulKarl
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`California902!I(310)
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`9294836
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`COMPLAINT
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`SHORT TITLE:
`
`COSSAR v. AMERICAN NIGHTMARE
`
`CASE NUMBER
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`,
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`. 5
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`3 5 Q
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`CIVIL CASE COVER SHEET ADDENDUM AND
`
`STATEMENT OF LOCATION
`(CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION)
` This form is required pursuant to Local Rule 2.3 in all new civil case filings in the Los Angeles Superior Court.
`Item I. Check the types of hearing and fill in the estimated iength of hearing expected for this case:
`
`JURY TRlAL'?WES
`
`CLASS ACTION? YES L|MiTED CASE‘? YES TIME ESTIMATED FOR TRIAL Save"
`
`HOURS.’-/DAYS
`
`Item ll. Indicate the correct district and courthouse location (4 steps — If you checked “Limited Case”, skip to item Ill, Pg. 4):
`
`Step 1: After first completing the Civil Case Cover Sheet form, find the main Civil Case Cover Sheet heading for your
`case in the left margin below. and, to the right in Column A, the Civil Case Cover Sheet case type you selected.
`
`Step 2: Check 93:: Superior Court type of action in Column B below which best describes the nature of this case.
`
`Step 3: in Column C, circle the reason for the court location choice that applies to the type of action you have
`checked. For any exception to the court location, see Local Rule 2.3.
`
`Applicable Reasons for Choosing Courthouse Location (see Column C below)
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`1. Class actions must be filed in the Stanley Moslg Courthouse. central district.
`2. May he tiled in central (other county. or no bodily iniurylproperty damage).
`3. Location where cause of action arose.
`4. Location where bodily injury. death or dame :9 occurred.
`5. Location where performance required or d endant resides.
`
`5. Location of propertypr pennanently garaged vehicle.
`7. Location wherepetitioner resxdes.
`_
`8. Location wherein defendanuresglondent functions wholly.
`9. Location where one or more of
`e
`rties reside.
`10. Location of Labor Commissioner 0 ce
`11. Mandatory Filing Location {Hub Case}
`
`Step 4: Fill in the information requested on page 4 in I