Bullivant|Houser|Bailey PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

COMPLAINT

Page 1

Loren D. Podwill, OSB #843241 

E-Mail: loren.podwill@bullivant.com 

Nels Vulin, OSB #124884 

E-Mail: nels.vulin@bullivant.com

BULLIVANT HOUSER BAILEY PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

Facsimile: 503.295.0915 

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PORTLAND DIVISION 

BROADCAST MUSIC, INC.; UNIVERSAL 

MUSIC MGB NA LLC d/b/a UNIVERSAL 

MUSIC CAREERS; DUNCAN SHEIK 

SONGS; HAPP-DOG MUSIC, A DIVISION 

OF IMMORTAL ENTERTAINMENT; 

HOUSE OF CASH, INC.; SONY/ATV 

SONGS LLC; THE BERNARD EDWARDS 

COMPANY LLC; ZOMBIES ATE MY 

PUBLISHING; FORTHEFALLEN 

PUBLISHING; RESERVOIR MEDIA 

MANAGEMENT INC. d/b/a RESERVOIR 

416 a/k/a RESERVOIR ONE AMERICA; 

EMI BLACKWOOD MU SIC, INC.; 

COLLIPARK MUSIC; SOAR LOSER 

MUSIC; DA CRIPPLER PUBLISHING; 

and E W C PUBLISHING CO., 

Plaintiffs, 

v. 

Civil No.: _________________

COMPLAINT 

Case 3:15-cv-00962-MO Document 1 Filed 06/02/15 Page 1 of 7
Bullivant|Houser|Bailey PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

COMPLAINT

Page 2

TRIO CLUB, INC. d/b/a TRIO CLUB and 

SAMMY FOONG, individually, 

Defendants. 

Plaintiffs, by their attorneys, for their Complaint against Defendants, allege as follows 

(on knowledge as to Plaintiffs; otherwise on information and belief): 

I. JURISDICTION AND VENUE 

1. This is a suit for copyright infringement under the United States Copyright Act 

of 1976, as amended, 17 U.S.C. Sections 101 et seq. (the “Copyright Act”). This Court has 

jurisdiction pursuant to 28 U.S.C. Section 1338(a).

2. Venue is proper in this judicial district pursuant to 28 U.S.C. Section 1400(a). 

II. THE PARTIES 

3. Plaintiff Broadcast Music, Inc. (“BMI”) is a corporation organized and existing 

under the laws of the State of New York. BMI’s principal place of business is 7 World Trade 

Center, 250 Greenwich Street, New York, New York 10007. BMI has been granted the right to 

license the public performance rights in approximately 8.5 million copyrighted musical 

compositions (the “BMI Repertoire”), including those which are alleged herein to have been 

infringed. 

4. The Plaintiffs other than BMI are the owners of the copyrights in the musical 

compositions, which are the subject of this lawsuit. All Plaintiffs are joined pursuant to Fed. R. 

Civ. P. 17(a) and 19(a). 

/// 

/// 

Case 3:15-cv-00962-MO Document 1 Filed 06/02/15 Page 2 of 7
Bullivant|Houser|Bailey PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

COMPLAINT

Page 3

5. Plaintiff Universal Music MGB NA LLC is a limited liability company doing 

business as Universal Music Careers. This Plaintiff is the copyright owner of at least one of the 

songs in this matter. 

6. Plaintiff Duncan Sheik Songs is a sole proprietorship owned by Duncan Sheik. 

This Plaintiff is the copyright owner of at least one of the songs in this matter. 

7. Plaintiff Happ-Dog Music is a division of Immortal Entertainment, a corporation. 

This Plaintiff is the copyright owner of at least one of the songs in this matter. 

8. Plaintiff House of Cash, Inc. is a corporation. This Plaintiff is the copyright 

owner of at least one of the songs in this matter. 

9. Plaintiff Sony/ATV Songs, LLC is a limited liability company. This Plaintiff is 

the copyright owner of at least one of the songs in this matter. 

10. Plaintiff The Bernard Edwards Company LLC is a limited liability company. 

This Plaintiff is the copyright owner of at least one of the songs in this matter. 

11. Plaintiff Zombies Ate My Publishing is a partnership owned by Amy Lee and 

Ben Moody. This Plaintiff is the copyright owner of at least one of the songs in this matter. 

12. Plaintiff Forthefallen Publishing is a sole proprietorship owned by David 

Hodges. This Plaintiff is the copyright owner of at least one of the songs in this matter. 

13. Plaintiff Reservoir Media Management Inc. is a corporation doing business as 

Reservoir 416 also known as Reservoir One America. This Plaintiff is the copyright owner of 

at least one of the songs in this matter. 

14. Plaintiff EMI Blackwood Music Inc. is a corporation. This Plaintiff is the 

copyright owner of at least one of the songs in this matter. 

Case 3:15-cv-00962-MO Document 1 Filed 06/02/15 Page 3 of 7
Bullivant|Houser|Bailey PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

COMPLAINT

Page 4

15. Plaintiff Collipark Music is a sole proprietorship owned by Michael Antoine 

Crooms. This Plaintiff is the copyright owner of at least one of the songs in this matter. 

16. Plaintiff Soar Loser Music is a sole proprietorship owned by Warren Anderson 

Mathis. This Plaintiff is the copyright owner of at least one of the songs in this matter. 

17. Plaintiff Da Crippler Publishing is a sole proprietorship owned by Eric Von 

Jackson, Jr. This Plaintiff is the copyright owner of at least one of the songs in this matter. 

18. Plaintiff E W C Publishing Co. is a sole proprietorship owned by Deongelo 

Marquel Holmes. This Plaintiff is the copyright owner of at least one of the songs in this 

matter. 

19. Defendant Trio Club, Inc. is a corporation organized and existing under the laws 

of the State of Oregon, which operates, maintains and controls an establishment known as Trio 

Club, located at 909 E Burnside St., Portland, OR 97214, in this district (the “Establishment”). 

20. In connection with the operation of the Establishment, Defendant Trio Club, Inc. 

publicly performs musical compositions and/or causes musical compositions to be publicly 

performed. 

21. Defendant Trio Club, Inc. has a direct financial interest in the Establishment. 

22. Defendant Sammy Foong is the President of Defendant Trio Club, Inc. with 

primary responsibility for the operation and management of that corporation and the 

Establishment. 

23. Defendant Sammy Foong has the right and ability to supervise the activities of 

Defendant Trio Club, Inc. and a direct financial interest in that corporation and the 

Establishment. 

Case 3:15-cv-00962-MO Document 1 Filed 06/02/15 Page 4 of 7
Bullivant|Houser|Bailey PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

COMPLAINT

Page 5

III. CLAIMS OF COPYRIGHT INFRINGEMENT 

24. Plaintiffs repeat and reallege each of the allegations contained in paragraphs 1 

through 23. 

25. Plaintiffs allege five (5) claims of copyright infringement, based upon 

Defendants’ unauthorized public performance of musical compositions from the BMI 

Repertoire. All of the claims for copyright infringement joined in this Complaint are governed 

by the same legal rules and involve similar facts. Joinder of these claims will promote the 

convenient administration of justice and will avoid a multiplicity of separate, similar actions 

against Defendants. 

26. Annexed to this Complaint as a schedule (the “Schedule”) and incorporated 

herein is a list identifying some of the many musical compositions whose copyrights were 

infringed by Defendants. The Schedule contains information on the five (5) claims of copyright 

infringement at issue in this action. Each numbered claim has the following eight lines of 

information (all references to “Lines” are lines on the Schedule): Line 1 providing the claim 

number; Line 2 listing the title of the musical composition related to that claim; Line 3 

identifying the writer(s) of the musical composition; Line 4 identifying the publisher(s) of the 

musical composition and the plaintiff(s) in this action pursuing the claim at issue; Line 5 

providing the date on which the copyright registration was issued for the musical composition; 

Line 6 indicating the copyright registration number(s) for the musical composition; Line 7 

showing the date(s) of infringement; and Line 8 identifying the Establishment where the 

infringement occurred. 

/// 

/// 

Case 3:15-cv-00962-MO Document 1 Filed 06/02/15 Page 5 of 7
Bullivant|Houser|Bailey PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

COMPLAINT

Page 6

27. For each work identified on the Schedule, the person(s) named on Line 3 was the 

creator of that musical composition. 

28. For each work identified on the Schedule, on or about the date(s) indicated on 

Line 5, the publisher(s) named on Line 4 (including any predecessors in interest), complied in 

all respects with the requirements of the Copyright Act and received from the Register of 

Copyrights Certificates of Registration bearing the number(s) listed on Line 6. 

29. For each work identified on the Schedule, on the date(s) listed on Line 7, 

Plaintiff BMI was (and still is) the licensor of the public performance rights in the musical 

composition identified on Line 2. For each work identified on the Schedule, on the date(s) 

listed on Line 7, the Plaintiff(s) listed on Line 4 was (and still is) the owner of the copyright in 

the respective musical composition listed on Line 2. 

30. For each work identified on the Schedule, on the date(s) listed on Line 7, 

Defendants publicly performed and/or caused to be publicly performed at the Establishment the 

musical composition identified on Line 2 without a license or permission to do so. Thus, 

Defendants have committed copyright infringement. 

31. The specific acts of copyright infringement alleged in the Complaint, as well as 

Defendants’ entire course of conduct, have caused and are causing Plaintiffs great and 

incalculable damage. By continuing to provide unauthorized public performances of works in 

the BMI Repertoire at the Establishment, Defendants threaten to continue committing copyright 

infringement. Unless this Court restrains Defendants from committing further acts of copyright 

infringement, Plaintiffs will suffer irreparable injury for which they have no adequate remedy at 

law. 

Case 3:15-cv-00962-MO Document 1 Filed 06/02/15 Page 6 of 7
Bullivant|Houser|Bailey PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

COMPLAINT

Page 7

 WHEREFORE, Plaintiffs pray that: 

A. Defendants, their agents, servants, employees, and all persons acting under their 

permission and authority, be enjoined and restrained from infringing, in any manner, the 

copyrighted musical compositions licensed by BMI, pursuant to 17 U.S.C. Section 502; 

B. Defendants be ordered to pay statutory damages, pursuant to 17 U.S.C. Section 

504(c); 

C. Defendants be ordered to pay costs, including a reasonable attorney fee, pursuant 

to 17 U.S.C. Section 505; and 

D. Plaintiffs have such other and further relief as is just and equitable. 

DATED: June 2, 2015 

BULLIVANT HOUSER BAILEY PC 

By /s/ Nels Vulin

Loren D. Podwill

OSB #843241 

Nels Vulin

OSB #124884

Telephone: 503.228.6351 

Attorneys for Plaintiffs 

15552242.1 

Case 3:15-cv-00962-MO Document 1 Filed 06/02/15 Page 7 of 7