Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA544201
`ESTTA Tracking number:
`06/20/2013
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`Petition for Cancellation
`
`Notice is hereby given that the following party requests to cancel indicated registration.
`Petitioner Information
`
`Name
`Entity
`Address
`
`Ms. Jaime Keeling
`Individual
`16 HANCOCK ST APT 4
`Brooklyn, NY 11216
`UNITED STATES
`
`Citizenship
`
`UNITED STATES
`
`Attorney
`information
`
`Adam Davids
`Adam Davids & Associates, PLLC
`799 Broadway, Suite 527
`New York, NY 10003
`UNITED STATES
`adam@adamdavids.com Phone:646-415-9007
`Registration Subject to Cancellation
`
`Registration No
`Registrant
`
`4334491
`Hars, Eve
`923 3/4 N Beaudry Ave
`Los Angeles, CA 90012
`UNITED STATES
`Goods/Services Subject to Cancellation
`
`Registration date
`
`05/14/2013
`
`Class 041. First Use: 2006/12/00 First Use In Commerce: 2006/12/00
`All goods and services in the class are cancelled, namely: Presentation of live show performances
`
`Grounds for Cancellation
`
`Torres v. Cantine Torresella S.r.l.Fraud
`Abandonment
`Priority and likelihood of confusion
`Other
`
`808 F.2d 46, 1 USPQ2d 1483 (Fed. Cir. 1986)
`Trademark Act section 14
`Trademark Act section 2(d)
`Title of a Creative Work - In re Posthuma
`
`Mark Cited by Petitioner as Basis for Cancellation
`
`U.S. Application/
`Registration No.
`Registration Date
`Word Mark
`Goods/Services
`
`NONE
`
`Application Date
`
`NONE
`
`NONE
`POINT BREAK LIVE!
`Presentation of live show performances.
`
`

`

`Attachments
`
`Petition For Cancellation - PBL 6-20-13 (FE).pdf(1149214 bytes )
`
`The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address
`record by Overnight Courier on this date.
`
`Certificate of Service
`
`Signature
`Name
`Date
`
`/Adam Davids/
`Adam Davids
`06/20/2013
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`JAIME KEELING
`Petitioner,
`
`v.
`
`EVEHARS
`Registrant
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`In the Matter of Trademark Reg.
`No. 4,334,491
`
`Cancellation No. - - - - - - -
`
`For the Mark: Point Break Live!
`
`Registered May 14,2013
`
`PETITION FOR CANCELLATION
`
`Petitioner Jaime Keeling ("Petitioner"), a United States individual with an address at 16
`
`Hancock Street, Apartment 4, Brooklyn, NY 11216, believes that it is or will be damaged by the
`
`above-identified registration, and hereby petitions to cancel the same. Grounds for cancellation
`
`are set forth below:
`
`BACKGROUND
`
`1. Petitioner created the live theater piece "Point Break Live!" (the "Play") a parody of the
`
`Katherine Bigelow directed action film in 2003, prior to its premiere at the Little Theater in
`
`Seattle in August 2003. See Exhibit A attached hereto.
`
`2. Petitioner has been offering or licensing performances of the Play since its premiere in
`
`2003.
`
`3. The Play has become well-known throughout the United States and abroad. Attached as
`
`Exhibit B are various current and former productions of the Play produced or authorized by
`
`Petitioner.
`
`

`

`4. On August 26, 2007, Registrant contacted Petitioner to inquire about obtaining rights for
`
`New Rock Productions, LLC, a company owned by Registrant, to mount a production of the Play
`
`in Los Angeles.
`
`5. On September 24, 2007, Petitioner licensed performances of the Play to New Rock
`
`Productions, LLC, a company co-owned by Registrant (the "License Agreement"). See Exhibit
`
`C attached hereto.
`
`6. On January 4, 2008, Petitioner registered the copyright in the Play with the United States
`
`Copyright Office with Registration Number PAu003337717. See Exhibit D attached hereto.
`
`7. In early January 2008, under patently false pretenses, later upheld by a jury verdict,
`
`Petitioner breached the license agreement for the Play and on December 15, 2010, a complaint
`
`was filed by Petitioner against, amongst others, Petitioner. See Exhibit E attached hereto.
`
`8. On September 18, 2012, Registrant filed the application to register the trademark "Point
`
`Break Live!" with the U.S. Patent and Trademark Office, claiming its use in commerce under
`
`Section 1(a) for "Presentation oflive show performances" in International Class 41.
`
`9. On December 7, 2012 a jury trial was concluded and judgment was entered in
`
`Petitioner's favor on January 10, 2013.
`
`10. On January10, 2013, the United States District Court Southern District ofNew York
`
`granted a motion to "permanently enjoin defendants [including Registrant] along with their
`
`respective officers, directors, principals, agents, representatives, servants, employees, affiliates,
`
`successors, or assigns, and any person or entity acting on their behalf or in concert or
`
`participation with them from infringing Jaime Keeling's copyright by publicly performing,
`
`copying, distributing, displaying, marketing, advertising, or offering to license (a) the state play
`
`known as Point Break LIVE!, (b) Keeling's copyrighted script for Point Break LIVE!, and (c)
`
`2
`
`

`

`any script defendants have used to stage Point Break LIVE! in the past or engaging in any other
`
`activity constituting an infringement of Keeling's copyright in Point Break LIVE!" (the "Court
`
`Order") See Exhibit F attached hereto.
`
`11. On May 14, 2013, a trademark registration was granted for "Point Break Live!" (the
`
`"Mark") in favor of Registrant based on the Mark's use in commerce.
`
`12. Upon information and belief, on at least two separate occurrences in June 2013,
`
`Registrant has sent cease and desist letters stating that Registrant has a valid trademark in the
`
`Mark and that a venue and a crowd-sourcing website were each infringing Registrant's rights in
`
`the Mark when Petitioner attempted to use the name of the Play with these third parties.
`
`FIRST BASIS FOR CANCELLATION- TITLE OF A CREATIVE WORK
`
`13. Registrant repeats and realleges all allegations contained in Paragraphs 1 to 12 and by
`
`this reference incorporates them here.
`
`14. Section 1202.08 of the Trademark Manual ofExamining Procedure states the well(cid:173)
`
`established rule that "[t]he title, or a portion of a title, of a single creative work must be refused
`
`registration under §§1, 2, and 45 ofthe Trademark Act, 15 U.S.C. §§1051, 1052, and 1127,
`
`unless the title has been used on a series of creative works. The title of a single creative work is
`
`not registrable on either the Principal or Supplemental Register. Herbko Int 'l, Inc. v. Kappa
`
`Books, Inc., 308 F.3d 1156, 1162, 64 USPQ2d 1375, 1378 (Fed. Cir. 2002) ("the title of a single
`
`book cannot serve as a source identifier"); In re Cooper, 254 F .2d 611, 615-16, 117 USPQ 396,
`
`400 (C.C.P.A. 1958), cert. denied, 358 U.S. 840, 119 USPQ 501 (1958) ("A book title ...
`
`identifies a specific literary work ... and is not associated in the public mind with the publisher,
`
`printer or bookseller. ... "); In re Posthuma, 45 USPQ2d 2011 (TTAB 1998) (holding the title of a
`
`live theater production unregistrable ). "
`
`3
`
`

`

`15. In support of its registration, Registrant attached a specimen of use with nothing to
`
`indicate that the Mark is a source of the good, merely that it is the title of the Play. The
`
`specimen itself clearly states that the Mark is "[t]he longest running show in LA."
`
`16. Point Break Live is the title the Play, unregisterable under In re. Posthuma and cases
`
`since In re Cooper, dating back over fifty years, which stand for the well-established rule that a
`
`title cannot serve as a source-identifying trademark function.
`
`17. The Mark, Point Break Live!, is a title oflive theatrical performance and merely
`
`descriptive a live performance of a play based on the film, Point Break.
`
`SECOND BASIS FOR CANCELLATION- FRAUD
`
`18. Registrant repeats and realleges all allegations contained in Paragraphs 1 to 16 and by
`
`this reference incorporates them here.
`
`19. On September 18, 2012, Registrant filed the application to register the trademark "Point
`
`Break Live!" with the U.S. Patent and Trademark Office, under Section 1(a) of the Lanham Act,
`
`15 U.S.C. § 1051 which included a sworn declaration under penalty of perjury by Ms. Eve Hars
`
`or was made by Registrant's correspondent attorney at The Trademark Company under the
`
`instruction of Registrant (the "Section 1(a) Declaration").
`
`20. The Section 1(a) Declaration states in the relevant portion "he/she believes the applicant
`
`to be the owner of the trademark/service mark to be registered; ... to the best of his/her
`
`knowledge and belief no other person, firm, corporation, or association has the right to use the
`
`mark in commerce ... when used on or in connection with the goods/services of such other
`
`person, to cause confusion, or to cause mistake or to deceive."
`
`21. In September 2007, five years before she filed the trademark registration, Registrant
`
`entered into the License Agreement for the Play, entitled "Point Break Live!".
`
`4
`
`

`

`22. Upon information and belief, Registrant filed this registration to confuse or deceive
`
`consumers as Registrant had full knowledge of a Petitioner's senior rights, if any, in and to the
`
`title to the Play that Registrant had licensed five years prior to the registration.
`
`23. The U.S. Patent and Trademark Office relied upon Registrant's material false statements
`
`in allowing the registration of Registrant's Mark. The U.S. Patent and Trademark Office would
`
`not have allowed Registration No. 4,334,491 absent Registrant's knowingly false statements.
`
`THIRD BASIS FOR CANCELLATION- ABANDONMENT
`
`24. Registrant repeats and realleges all allegations contained in Paragraphs 1 to 22 and by
`
`this reference incorporates them here.
`
`25. On September 18, 2012, Registrant filed with the U.S. Patent and Trademark Office a
`
`trademark registration under Section 1(a) ofthe Lanham Act, 15 U.S.C. § 1051 which included a
`
`sworn declaration under penalty of perjury by Ms. Eve Hars (the "Section 1(a) Declaration").
`
`26. In support of its Section 1(a) Declaration, Registrant attached a specimen of use from the
`
`licensed production of the Play, under the License Agreement.
`
`27. However, Registrant cannot use the Mark in commerce without being in violation ofthe
`
`Court Order.
`
`28. The Court Order compels the abandonment of Registrant's Mark.
`
`FOURTH BASIS FOR CANCELLATION- PRIORITY OF USE AND LIKELIHOOD OF
`CONFUSION
`
`29. Registrant repeats and realleges all allegations contained in Paragraphs 1 to 26 and by
`
`this reference incorporates them here.
`
`30. Since prior to the filing date in the Registrant's registration, Petitioner has been using the
`
`name Point Break Live! in connection with Petitioner's play of the same name.
`
`31. Since prior to the claimed first use date in Registrant's registration, Petitioner has been
`
`using the name Point Break Live! in connection with Petitioner's play of the same name.
`
`5
`
`

`

`32. The description of goods and services stated in the Registrant's registration is identical or
`
`closely related to Petitioner's presentations.
`
`33. The Mark so resembles the title of Petitioner's play as to likely cause confusion, or to
`
`cause mistake, or to deceive when used in connection with the play listed in Registrant's
`
`registration.
`
`34. Upon information and belief, by sending cease and desist letters to any third party in
`
`connection with Petitioner's play, Registrant is attempting to cause confusion, or to cause
`
`mistake, or to deceive consumers in connection with the play listed in Registrant's registration.
`
`35. The registration of the Mark is causing injury to Petitioner's business and its right to
`
`produce the Play under its copyrighted name, which copyright was obtained five years prior to
`
`Registrant's registration of the Mark, such registration is inconsistent with Petitioner's rights and
`
`will continue to cause injury to Petitioner until the registration is cancelled.
`
`36. Registrant is maliciously and falsely attempting to obtain by this registration what she
`
`was unable to obtain in court.
`
`[The reminder of this page is intentionally left blank.]
`
`6
`
`

`

`WHEREFORE, Petitioner believes that it is damaged by Registration No. 4,334,491 and
`
`prays that the registration for Registrant's Mark be cancelled and for such other and further relief
`
`as the Trademark Trial and Appeal Board deems appropriate.
`
`Petitioner requests that all communications be directed to Adam Davids & Associates, PLLC,
`
`Attention: Adam Davids, Esq., 799 Broadway, Suite 527, New York, New York, 10003.
`
`Dated: New York, New York
`June 20, 2013
`
`Attorney for Petitioner
`799 Broadway, Suite 527
`New York, New York 10003
`(646) 415-9007
`adam@adamdavids.com
`
`7
`
`

`

`EXHIBIT A
`EXHIBIT A
`
`POINT BREAK LIVE!
`POINT BREAK LIVE!
`PREMIERE AND REVIEW
`PREMIERE AND REVIEW
`
`

`

`POINT BREAK LIVE!!!
`
`'ffo~ ltw 11;vw lh%1: g:htOOffi th? ~-~~ItS ct i@:ITBfW ~p:wts Hll~$\1'0!~ 8 : 3!"'l ~ !1441 11H.!tlll !b
`til~ lh:rd !'f~~~lim kir ~%}(;]1 T!it: !;lim ms ;:, (1fle! .1 ilu<:!mm!i~~ >:![Lm ~cy,ll!tiJeS i'!Hl tit~
`lHDI!liS.B$ 1% VJ~". P(!l!F 5Rb1lt; 1(o!ii:J0ii 1~€ :FJ.r)' (d $!"l qr;;,~~:!y ?&t !>~IYJ(I!' l.r;fiJf!IJ lf<~:>!'1~i
`frra121 cy;m!tr:O\\\'\; kir IJ~ •:©ill Jl~r~ IWW.t<s!11V F!}c o:t;l,f!li mil !h;d!Jc Fl'Ml!'lk)
`:&itt•>. lfl;l'~'cr:l;t )*t trn! f¥ ;~1tt~--n:t!mc~ HJii' ~QUI Wqj;h tllf.111 !ll\!lf, •• )lr# (jhH. (:•Jil111lit:
`aatmd :=!.HWJ)', [lU"!)\ <e:~tW!t' !h~k Z:'51 lbz kltr,ih2 rnlure, SWJII) IVMS, l\;lhJ, :shoot l!l ~1.\l;fl
`t11i'lill. 4?¥!\!< l]~ti.~frAli,¥!1~. f;0};c*r ;rt&{.¢~\1[1, .&111 0'/lfl:l);,,'~;ftij ih'/lf .~.~&ift itH; t4M \~rtll WtJ'
`!!!'re p;nxtui! 1£1!! a 11.~ Wi~ Hao:r nwb: i!?
`
`

`

`'Point Break Live!' takes its cue from the ridiculous- seattlepi.com
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`Thursday, June 20, 2013
`
`'Point Break Live!' takes its cue from the ridiculous
`
`By JOE ADCOCK. SEATTLE POST-INTELLIGENCER THEATER CRITIC
`PLib!ished 10:00 pm. Friday, August 22. 2003
`
`Tvveet
`
`iJO
`
`Larger i Smaller
`c:1 Printable Version
`
`r:z1 Email This
`
`·:· Font
`
`The worse it gets, the better it gets. The mooning is
`rude. But written on the offending butt is a polite
`"thank you!" The surfing and sky-diving scenes are
`ostentatiously tacky. But-- you tell me-- where and
`when has either surfing or sky diving been performed
`before on stage?
`
`The car chase is on film, which is a cop-out. But such
`Download the seattlepi.com mobile
`apps for iPilone and Android. Follow a chase! After crashing in and out of a cardboard
`us on Facebook and Twitter.
`Walgreens, one of the vehicles collides '~ith a paper
`service station gas pump, resulting in an Iraq(cid:173)
`worthy conflagration.
`
`The tsunami in .Australia is a composite of flapping blue cloth and impressionistic waves on a
`movie screen. But actors spray the audience ~A-ith copious blasts from water rif1es, which
`makes up in wetness for what the scene lacks in nature's grandeur.
`
`"Point Break Live!" is a travesty version of a 1991 action adventure movie starring Keanu
`Reeves and Patlick Swayze. The show was scheduled for a tvvo-week run at the Northwest
`Film Forum's Little Theatre on Capitol Hill. So great was the audience response that the
`production has been extended two more weeks.
`
`vVhich means that eight additional Reeves stand-ins had to be recruited. Directors .Jamie Hook
`and Jaime Keeling have based their production on A Concept: To represent Keanu Reeves, an
`actor must be untrained and unrehearsed. He must be pushed from place to place by
`production assistants. He must read his lines (not seen until the play's in progress) from cue
`cards. Only thus can that irresistible Reeves vacancy be emulated.
`
`Not all volunteers can rival the qualities that made Reeves MTV's most desirable male of 1992.
`But Wilbert Williams, the guy I saw in the lead last Thursday night, was plucky in both
`adventure and combat scenes. And he spoke much more clearly than most of his more
`experienced fellow performers.
`
`A standing-room-only crowd in a 6o-seat playhouse doesn't indicate universal appeal. "Point
`Break Live!" does, however, give a novel t~A-ist to such crowd-pleasers as pointless danger,
`gratuitous violence and sensational death.
`
`The story, by the way, has to do with a maverick lawman (Reeves) who hunts down a bank(cid:173)
`robbing gang led by a surfer guru (Swayze). In the guru role, Peter Carrs displays pees and abs,
`distant gaze and distressed hair that in no way suffer by comparison with the Sway-ze miginals.
`
`CJ Printable Version k'~ Email This Duke
`
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`http://www.seattlepi.com/ae/article/Point-Break-Live-takes-its-cue-from-the-112241 O.php[6/20/20 13 2:41 :27 PM]
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`

`

`EXHIBITB
`EXHIBIT B
`
`SAMPLES OF RECENT AND PAST PRODUCTIONS
`SAMPLES OF RECENT AND PAST PRODUCTIONS
`
`

`

`NORTHWEST FILM FORUM and
`OLYMPIA FILM FESTIVAL present:
`
`NORTHWEST FILM FORUM and
`OLYMPIA FILM FESTIVAL present:
`
`£1 •
`
`The Olympia Premiere
`Theatrical Adaptation of the
`1991 Extreme-Sports Blockbuster!
`CONCEIVED AND ADAPTED BY JAIME KEELING
`DIRECTED BY JAMIE HOOK AND JAIME KEELING
`PRODUCTION DESIGN/TECHNICAL DIRECTION BY JOHN DESHAZO
`
`£!
`
`The Olympia Premiere
`Theatrical Adaptation of the
`1991 Extreme-Sports Blockbuster!
`CONCEIVED AND ADAPTED BY JAIME KEELING
`DIRECTED BY JAMIE HOOK AND JAIME KEELING
`PRODUCTION DESIGN/TECHNICAL DIRECTION BY JOHN DESHAZO
`
`

`

`POINT BREAK LIVE!
`Adapted by Jaime Keeling
`Directed and Produced by Jaime Keeling and Jaime Hook
`
`The movie that grabbed the hearts of extreme sports enthusiasts in
`1991 is now brought to the stage for 2003! The film had no less than 5
`action sequences and the play promises no less. POINT BREAK follows
`the story of an unlikely pair, Johnny (Keanu) Utah, former
`quarterback for the Ohio Buckeyes turned sexy FBI agent and Bohdi
`(Swayze) Sattva, bank robbing surf guru. Watch them hang ten, sky
`dive, commit armed robbery, party, explore their Zen-like Kamikaze
`nature, swap lovers, fight, shoot at each other, explode gas stations,
`kidnap innocents, and eventually sky dive again ... this time with only
`one parachute and a gun. Will they make it? Yes.
`In an effort to authentically reproduce Mr. Reeves astounding acting
`style, the role of Keanu Reeves will played by the unrehearsed winner
`of the YOU ARE KEANU BEAUTY CONTEST held at Oly Fest's own ALL
`FREAKING NIGHT. This unrehearsed winner, aided by our lovely
`Production Assistants and cue cards, will with his/her little preparation
`play a convincingly similar Keanu Reeves in the starring role of Johnny
`Utah. Contestants must be PASSABLY literate.
`
`WARNING: It is mandatory that YOU watch POINT BREAK: THE MOVIE
`as much as possible before attending POINT BREAK: THE PLAY. This
`will greatly improve your experience. ALSO: upon entering the theater,
`be prepared to receive your PB2003 SURVIVAL KIT, containing rain
`slicker, earplugs, money, and other implements of defense!
`
`"The worse it gets, the better it gets." -Seattle Post Intelligencer
`
`Cast:
`JOHNNY UTAH -CONTEST WINNER
`BODHI-SATTVA-PETER CARRS
`PAPPAS -SPENSER HOYT
`HARP-GEORGE KLOSS
`TYLER/SURFER BOY -JULIA WOHLSTETTER
`ROACH-ZACK CARLSON
`SURFERS-THE CLONE PRESS, BRANDON AND TRAVIS NAKAMURA
`PRODUCTION ASSISTANTS-CARA AND ADRIENNE STACY
`DIRECTOR OF PHOTOGRAPHY-MICHAEL BOLESLAW KLAPORT
`ROSIE/SURF GUITAR-TOBY SUTTON
`
`

`

`Crew:
`Stage hands-Wesley Hottot, Jen Bay
`Animation-Web Crowell
`Film Shot and Directed-Adrienne Stacy
`Kidnapped Innocent-Maggie Brown
`Thugs-Toby Sutton and David Wingo
`Set Painting and Dressing-Susannah Anderson
`Graphic Designer-Dave Hanagan
`Cue Cards-Ashley Bellouin
`Beer Wrangler-Michael Seiwerath
`Rigging Wrangler-Susie Purves
`Costumes-Lisa Jack
`
`

`

`Brainless wave
`
`Point Break Live! surfs away on your inner Keanu
`oint Break Live!-a stage adaptation of
`performances in
`Seattle in 2003 and
`the schlocky, adrenaline-fueled 1991 flick
`l\1inneapolis in
`about a ~>roup of surfers who rob banks-is,
`fittingly, packed with stunts. But its biggest
`2005.ltgrewout
`of a drunken chal(cid:173)
`is pulled off minutes before the start of each show.
`Instead of casting an actor in the role of FBI agent
`lenge to stage a block(cid:173)
`Johnny Utah, played in the film by Keanu Reeves,
`buster that could deliver
`Holly·wood-style thrills-something that Hook
`director Jamie Hook plucks an audience member
`deems lacking in today's theater world. "A bunch
`from the crowd and has him or Ler read the lines off
`of people onstage talking obtusely about aesthetics
`cue cards. It's the best way to approximate Reeves's
`isn't a genuinely cathartic e.."<perience," he says.
`particu Jar brand of spectac11lar ly bad acting. "You
`Survival kits with rain ponchos, moist towelettes
`have to embody blankness,'' Hook says. "You have
`to look like you've just been dropped into the room
`and assorted things "to help liveouttheride" will be
`and have no idea what'sgoingon."Butit'snot like
`sold at the shows (along \Vith meatball sandwiches,
`which were feat1rred in the film). Still, viewers are
`he's lampooning Reeves exactly. ''I have
`tremendous respect for his generosity. He's the
`advised not to \-vear nice clothes-they'll likely get
`inverse of talented ass holes like Al Pacino, who you
`wet. -Alison Rosen
`\Vatch and think, 'I could never do that.'"
`The successful low-budgetproduction, which
`Hook, 35, coadapted with Jamie Keeling, makes its
`:\TYC debut at Galapagos this week, after
`
`Point Break Live! plays Fridays and Saturdays at
`Galapagos Art Space, Friday :10 to February 25.
`Purchase tickets at www.smarttix.com.
`
`I "When the geriatric guy goes to the loo,
`! Outback's lady starts making out with the
`l Anna Nicole-alike. '' seepage24.
`
`10 TIME OUT NEW YORK I FEBRUARY 9-15, 2006
`
`WWW.TIMEOUT.COM
`
`

`

`Point Break Live Panama! I Theatre Guild of Ancon
`
`Home > Point Break Live Panama!
`
`reak Live Panama!
`Point
`June 20th- 29th, 2013
`
`Created by: Jaime Keeling
`
`Directed by: Rob Getman & Giancarlo Benedetti
`
`The Story
`
`Fresh faced FBI agent Johnny Utah is assigned his first case,
`hunting and capturing the Ex Dictators. a group of bank
`robbing, adrenalin junkie, big wave surfers that have eluded the
`FBI for years and have yet to leave a hint of their true
`identities. Once Utah identifies the soul surfing Sodhi as the
`leader of the Ex Dictators he finds himself locked into a
`friendship like none he has ever known. He ultimately must
`decide whether he wi!l follow his sworn duty to the FBI or honor
`the new philosophy he has learned from Sodhi of living life to
`the fullest at all costs.
`
`The Twist
`
`Point Break live Panama is like no other live stage
`
`http:/ /anconguild.corn/point-break-live/[6118/2013 4:12:10 PM]
`
`

`

`Point Break Live Panama! I Theatre Guild of Ancon
`
`performance ever seen in Panama. Since finding an actor that
`can capture the "brilliance" of Keanu Reeves is impossible, we have decided to do the next best thing ...
`choose an actor from the audience with no rehearsal time and no acting experience what so ever. This is the
`only way to truly capture that Keanu style of acting. Each performance will begin with the auditioning of
`volunteers from the audience. The volunteers will be given short lines they must repeat in their best Johnny
`Utah impression. By way of the Applause -a-meter, the audience will choose their leading man. The chosen
`actor wiH then be guided through the show by the Personal Assistant (PA) who will lead him through the
`performance and feed him the lines by cue cards. The honest/confused response and terrible reading style of
`this audience member is the closest we can get to matching the famous Keanu Reeves.
`
`The Cast
`
`• Adrian Benedetti
`• Rob Getman
`
`• Marco Sarria
`.. Jose Miguel Navarro
`
`• Melanie Gilpin Lee
`" HB Twohy
`• Monica Porras
`• Val Monique
`• Ana Gabriela Martinez
`0 Tony Loew
`
`How to Reserve your Tickets
`
`Make a Reservation by clicking here
`
`Point Break Live' © 2003 Point Break Live, inc_
`
`Like us on Face book
`
`Theatre Guild of Ancon
`
`Dike
`
`661 people like Theatre Guild of Ancon.
`
`http://anconguild.com/point-break-live/[6/18/2013 4:12:10 PM]
`
`

`

`EXHIBITC
`EXHIBIT C
`
`LICENSE AGREEMENT
`LICENSE AGREEMENT
`
`

`

`m-m-ms
`
`T-2ZZ P COI/005
`
`F-Z36
`
`"POINT BREAK LIVE" PRODUCTION AGREEMENT
`
`Seplember 24. 2007
`
`:3y and between
`
`"Creator":
`
`Jaime Keeling
`16 Hancock St #4 Brooklyr., NY 11216
`
`:ilnd
`
`"Producer":
`addresos:
`
`New Rock Productions, LLC
`46 Ave B #14 NYC 10009
`
`"Project";
`
`''POINT BREAK LIVE"
`
`"Commencement Date":
`
`September 24, 2007
`
`.. Venue":
`located at:
`
`Charlie O's at the Alexand1 ia Hotel
`501 S. Spr:lng Street Los J,ngeles, CA 90013
`
`''Theatrice~l Run":
`
`up to 40 performances
`(addrl performances ml.l~;l ba raq,oesttd 1n wrtb"Q and
`apr>roved bV Creator)
`Oct12-Dec15, 2007 Fri & :>at at 9pm
`{no r.hows Thanksgi~ing weekerK)
`
`Paid to Creator ''Mjnimum Guarantee":
`
`$1,500
`
`"Creator's Percentage":
`
`5.00"/o of total gross
`
`Agreement made this: September 23. 2007
`l)etween Jaime Keeling (hel'$1nafte:t called tl\e
`Craator) 16 Hancock Sl Apt 4 Brooklyn New
`V'ork ~ 1216 and New Rock Productions.
`L.LC (heret~ller cailed t.he Producer) 46 Ave B
`f/14 NYC 10009 Whereas the Creator is the
`author and sole ow,ner of the Project entitlecl
`POINT BREAK LIVE (hereinafter called tile
`Project); ano whereas the Producer wishes tv
`produce and publicly perform the Ptoject.
`
`fT IS HEREBY AGREED AS FOLLOWS:
`1.1 Right to Produce
`The Creator hereby grants to the Producer
`the right to mount a production of the Project
`at Charlie O's at the Arexangria Hotel
`thereinaftGrc.allea the Venue) 501 S. Spring StreE:t
`Los Angeles. CA 90013 for the specified
`dates of October 121 2007 to December 15.
`2007 for up to the specified number of 40
`performances. Any additional performances
`exceeding 40 will need to be requested in
`
`writing by the Produce<" to the Creator for
`approval.
`
`Any additional performances, use or
`production of the Project not during the term
`of this agreement is s\1 ictly prohibited absent
`separate agreement b·~tween the parties.
`
`The parties hereto agr.~ that if, due to
`unforeseen circumstar.ces, these dates
`cannot be met, the right to produce will be
`extended a further per.od of up to 30 days
`from the stated date ol the first public
`performance.
`
`2. ~ Royalties st.all be paid by the
`Producer to the Cr6at{•f at a rate to be
`agreed upon by the parties, based on a
`percentage of the groes box office, including
`credit card charges, group Mles, onhne
`sales, and sales from !JOods (e.g. survival
`kits, T -shirts and other souvenirs) and
`services (meatballsanawiches, beer etc.)
`related to the Project rhe agreed
`
`

`

`Oct-12-2001 02:53pm
`
`Frg~·KtnKOE 0554 Hollywood v.ne
`
`m-B71-13ZS
`
`T-22l
`
`P.002/005
`
`F-236
`
`>ercentage for the royaltil!s herein is 5.00%
`fhe guaranteed minimum shall be an
`Jdvance against royalties bol shall not be
`:efunded in the event the Project is not
`.>roduced within tt'le term stated within this
`},greemen!, or if the amount of royalties to
`;e paid in terms of this Agreement do Mt
`~qual the basic guaranteed minimum. The
`:~reducer guarantees that a minimum royalty
`>f $1.500 will be paid to the Creator, and
`hat such guaranteeCI minimum shall be paio
`n the following manner:
`
`t) $1.500 upon the signing of this
`.-\greement: payment sent certified USPS
`:>ost marked no later than three days after
`he signing of the agreement or agreement
`-_will be null and void.
`
`-l) certified mailed to: Jaime Keeling
`
`i11 W 251h St STE 90, NYC 10001
`
`~he Producer shall furnish the Creator a
`-luly cer11fied bi-weekly statement of the bo)(
`1ffice and all other related income from
`: JOOds and services at the same time that
`·oyalti8S are paid_ In this case four
`)erformances shal~ constitute as bi-weekly
`: f the payment of the balance of royalties is
`. :tte, the Producer agrees to pay the Creator
`· ~% per month interest on the balance of
`.·oyalties owing_ Full payment of royal!ies
`·:hall be made no later than 1 0 days
`. [)llowing the end of the run of the Project
`
`•. 1 Artistic Decisions
`:"he Creator will be consulted on all major
`: ;rtistic decisions by the Producer such as
`d10ice of director. cast, designer, musical
`; lirector and choreographer for the Pfoject.
`
`-•· Billing The Creator will be creoited as
`i :>Uows: Created by Jaime Keeling.
`
`.-ne Producer shall cause the Creator to
`'eceive billing as the creator ofthe Project
`•n a separate line immediately preceding, or
`::>!lowing the title of the Project in all
`;:.rograms, house boards, billboards,
`1dvertising, throwaways and paid
`-1nnouncements of the Project No names
`· :xcept the title of the Project and the name
`. ,f the Producer may be larger or more
`rrominent than the Creator's name. There
`•. hall be no exceptions to the foregoing
`··lithout the Creator's consent. When
`
`biographies :are presel'\1 in the program, the
`Producer shall include a biography of the
`Creator. Such biograptty shall have been
`approved by the Creator, and it is the
`Creator's responsibility to provide such
`information to the Producer.
`5. Tickets
`Tne Creator shall reCl!ive upon request
`two complimentary tlc:kets for opening
`per1ormance, and an additional two
`complimentary ticke~. per week during the
`run. subject to availability of seats.
`
`6_ Exclusivity During the period commencing
`with the date on which the Creator has
`signed this Agreement continuing to the
`closing date of the prcxluction, the Creator
`shall not license or ass~gn any third party
`righ!s to the Projed. grc.nted herein within a
`100 mile radius ofthe Producer's
`performance venue, uniBss the Creator shall
`have received the Pro<lucers prior consent
`to do so.
`
`7. Right to Extend
`The Creator grants to the Producer the
`exclusive option to extend the run of the
`Project beyond the cl-)sing date, as long
`as the run is continuo,Js_ The royalty
`percentage for this extension shall be the
`same as for the origin.1t run_
`
`8. Term The term of !ht: agreement shall
`commence on the Commencement Date
`and tenninate upon De.;ember 15, 2007 or
`the dosing night performance whichever is
`first.
`
`9. Goods Producer shall provide, upon
`request by Creator, atl.3ast two of any Items
`or products produced ir• relation to the
`Project ie. t-shirts, sou1enirs etc_
`
`10. Audio and Video RI!Cording Archival:
`The Creator agrees th ~~the Producer may
`record the production of the Project for
`archival purposes. Th•~ resulting recording
`may only be played ir, private, for
`reference purposes such as, but not
`limited to, private scrE·ening for promotion
`of future producti