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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF TEXAS 

SHERMAN DIVISION 

ESTATE OF MELVIN NOBLE, JR. 

Plaintiff, 

v. 

RAY GENE BOLLIN, JR. d/b/a 

ABSOLUT PRODUCTION 

RECORDING STUDIOS, and PURLIE 

GATES a/k/a “P.G.” 

Defendants. 

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Civil Action No. 4:23-cv-00716 

Jury Trial Demanded 

PLAINTIFF’S FIRST AMENDED COMPLAINT 

AND REQUEST FOR PERMANENT INJUNCTION1

Plaintiff, the Estate of Melvin Noble, Jr., by and through its undersigned attorney, 

respectfully alleges as follows for its first amended complaint against Defendants, Ray Gene 

Bollin, Jr. d/b/a Absolut Production Recording Studios and Purlie Gates a/k/a “P.G.” 

PARTIES 

1. Plaintiff Estate of Melvin Noble, Jr. (the “Estate”) is the legal owner and successor 

of the rights and interests of award-winning rap music artist, investor, entrepreneur, and 

philanthropist Melvin Abdul Noble Jr., professionally known as “Mo3.” Probate of the Estate is 

taking place under the jurisdiction of the Collin County Probate Court No. 1 in McKinney, Texas 

(the “Probate Court”). 

2. Defendant Ray Gene Bollin, Jr. (“Bollin”) a/k/a/ “Drop” and d/b/a Absolut 

Production Recording Studios is an individual believed to be residing in Dallas County, Texas. On 

1

 The Estate files its Emergency Application for Temporary Restraining Order and Preliminary Injunction 

contemporaneously with filing this Amended Complaint. 

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information and belief Bollin may be served at his last known address at 5954 Broadway 

Boulevard, Apt. 130, Garland, TX 75043, or 9817 Walnut Street, Apt. 102, Dallas, Texas 75243, 

or wherever he may be found. 

3. Defendant Purlie Gates a/k/a P.G. (“P.G.”) is an individual believed to be residing 

in Denton County, Texas. On information and belief, P.G. may be served at his last known address 

at 2604 Misty Harbor Drive, Little Elm, TX 75068, or wherever he may be found. 

NATURE OF THE CLAIMS 

4. This is an action for declaratory judgment and ancillary relief arising under the 

copyright laws of the United States, 17 U.S.C. §§ 101, et seq.; Rule 57 of the Federal Rules of 

Civil Procedure; and 28 U.S.C. § 2201. As alleged herein, a real, substantial and immediate 

controversy is presented regarding the rights, liabilities, status and legal relations of the parties in 

connection with the authorship and ownership of various musical compositions and sound 

recordings. Declaratory relief, as requested herein, is necessary to preserve rights that otherwise 

may be lost or impaired, and is intended to terminate controversy and remove uncertainties 

between the parties. 

5. In addition to the foregoing, the Estate brings federal claims for copyright 

infringement and violation of the Digital Millennium Copyright Act; and pendent state law claims 

for breach of contract, conversion and unauthorized use of name, likeness and voice under TEX.

PROP. CODE § 26.013. 

6. Further, the Estate brings claims for temporary and permanent injunctive relief, as 

described more fully below and in the Estate’s contemporaneously filed Application for 

Temporary Restraining Order and Preliminary Injunction. 

 

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JURISDICTION AND VENUE 

7. The court has subject matter jurisdiction over this action under 17 U.S.C. §§ 101, 

et seq. (actions arising under the copyright laws); 28 U.S.C. §§ 1331 (federal question), 1338 

(exclusive original jurisdiction over copyright claims). The Court has supplemental jurisdiction 

over the Estate’s state law claims under 28 U.S.C. § 1367(a). 

8. Venue is proper in the Eastern District of Texas, Sherman Division under 28 U.S.C. 

§ 1391(b)(2) because this district and division are where a substantial part of the events giving rise 

to the claims occurred, including the authorship of the musical compositions at issue and the 

probate of the Estate. Venue is also proper under 28 U.S.C. § 1400 because Defendants may be 

found in this District. 

BACKGROUND FACTS 

A. Melvin Abdul Noble Jr. p/k/a Mo3’s career. 

9. Melvin Noble, Jr. (“Noble”) was an acclaimed North Texas hip-hop artist from 

McKinney, Texas whose career was cut tragically short when he was murdered in November 2020. 

Noble was known for his hard-knock success story and vast musical talent as a rapper, singer, 

songwriter, actor, producer, and entrepreneur. 

10. In 2013, Noble released his debut single “Hold Ya Tongue,” which garnered him 

widespread attention as an up-and-coming Texas hip-hop artist. The video for “Hold Ya Tongue” 

has been viewed almost 10 million times on YouTube. 

11. Noble leveraged his musical achievements into a popular record label, “H$M 

Music,” and several other lucrative ventures that helped establish “Mo3” as one of the most 

recognized and valuable brands in the entertainment industry. 

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12. Noble also achieved notable success as an actor and is featured in several motion 

pictures currently in production. 

13. Following his 2013 debut, Noble released several albums and numerous singles–– 

all featuring his signature rhythm and blues singing and rap style. In 2019, Noble signed with 

Empire Distribution, Inc. (“Empire”), a San Francisco based record label whose artists include 

Snoop Dog and Kendrick Lamar. To date, Noble has sold more than one million records 

worldwide. 

B. Ray Gene Bollin a/k/a “Drop” d/b/a Absolut Production Recording Studios. 

14. Bollin, who is also known as “Drop,” is an audio tech and owner of North Texas 

digital recording studio Absolut Production Recording Studios (“Absolut Studios”). Absolut 

Studios is not an organized entity. Bollin operates Absolut Studios personally, as an unregistered 

d/b/a. 

15. For years, Noble used Bollin’s studio to record Noble’s vocal performances (the 

“Vocal Tracks”) of his previously written musical compositions (the “Musical Compositions”) 

over previously created instrumental tracks that Noble brought into the studio (the “Instrumental 

Tracks”). During recording sessions for the Vocal Tracks Bollin’s role consisted solely of setting 

up a microphone and pushing the record button, and those purely technical tasks were performed 

under Noble’s specific direction, guidance and control. After recording was complete, Bollin’s 

digital music files containing the Vocal Tracks and Instrumental Tracks (the “Music Files”) were 

either stored on Bollin’s computer hard drives for later use or forwarded to other engineers for 

mixing and mastering.2

 Bollin did not perform any mixing or mastering himself; and as mentioned, 

he had nothing to do with the creation of the Musical Compositions or Instrumental Tracks. 

2

 “Mixing is when an engineer carves and balances the separate tracks in a session to sound good when played together. 

While mastering a song means putting the finishing touches on a track by enhancing the overall sound, creating 

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16. Bollin was paid in full for each recording session, and over the course of his 

relationship with Noble, never once claimed any interest in Noble’s musical works––that is, until 

he hatched a scheme to capitalize on the trove of Vocal Tracks stored on his computer hard drives. 

C. Melvin Abdul Noble Jr.’s death. 

17. In October 2020, Noble instructed his manager Brandon Rainwater (“Rainwater”) 

to retrieve all of his Music Files from Absolut Studios. Bollin confirmed that Rainwater was 

welcome to do so; however, a series of tragic events derailed those efforts, and vested 

responsibility for the recovery of the Music Files in a court appointed administrator. 

18. On November 11, 2020, in the prime of his life and career, Noble was viciously 

gunned down on a freeway in Dallas, Texas. Noble was survived by his three children, 

his mother Nichole Noble (“Ms. 

Noble”), and his father Melvin Noble, Sr. 

19. On or about December 16, 2020, Noble’s family filed an Application to Determine 

Heirship and for Letters of Independent Administration in Collin County Probate Court No. 1, 

McKinney, Texas, in the matter styled In the Estate of Melvin Noble, Jr., PB1-1844-2020. On 

December 17, 2020, the Probate Court issued Letters of Temporary Administration designating 

Daniel L. White, Esq. (“White”) as Administrator. Among the powers granted to White was the 

power to carry on the operation of Noble’s business, to take possession of all personal and business 

property, and to “identify, collect and preserve all of Decedent’s intellectual property.” 

 

consistency across the album, and preparing it for distribution.” Nick Messitte, What Is the Difference Between Mixing 

and Mastering?, Izotope (May 12, 2022), available at https://www.izotope.com/en/learn/what-is-the-differencebetween-mixing-and-mastering.html (visited on Oct. 10, 2023). 

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D. Bollin’s refusal to turn over Noble’s Music Files. 

20. After Noble’s death, his family attempted to facilitate White’s recovery of Noble’s 

Music Files from Absolut Studios. Initially, Bollin expressed sympathy for Noble’s passing, and 

in February of 2021, confirmed that he had possession of the Music Files.3

 Bollin assured the 

Nobles that he wanted to return the Music Files to them, and invited Ms. Noble to Absolut Studios 

to take possession.4

21. For several weeks, Ms. Noble and various family members tried repeatedly to 

contact Bollin to arrange a date for pick-up of the Music Files––even traveling to Absolut 

Studios—but to no avail. Bollin had disappeared. 

22. Weeks later, Bollin resurfaced––finally returning Ms. Noble’s calls, and stating that 

he intended to turn the Music Files over to the Estate’s Administrator instead of Ms. Noble. Bollin 

asked Ms. Noble to have the Administrator contact him directly. 

23. On or about March 17, 2021, Administrator White provided Bollin with the Probate 

Court’s Order authorizing him to take possession of the Music Files, and asked him to comply 

with the Order. In response, Bollin claimed to be represented by counsel and advised White that 

he would not turn over the Music Files unless subpoenaed to do so. When White asked Bollin to 

provide him with the name and phone number of his “attorney,” Bollin declined to do so. 

24. On or about March 25, 2021, White obtained a subpoena from the Collin County 

Probate Court ordering Bollin to appear in court and turn over the Music Files; however, all 

attempts to serve Bollin failed, who by all appearances was intentionally avoiding service.5

 

3

 At the time he contacted Ms. Noble, Bollin informed her that he held over 400 of Noble’s recordings. 4

 On some occasions, Bollin suggested that the Music Files had either been lost or destroyed. 5

 Defendant Bollin was sent a copy of the subpoena by text message but refused to make himself available for service 

of the subpoena. 

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White’s numerous subsequent attempts to obtain Bollin’s voluntary compliance with the Probate 

Court’s orders and subpoena also failed. 

25. In the summer of 2021, White initially was alarmed when he learned Bollin was 

attempting to sell some or all of the Music Files. But when White learned that Bollin had attempted 

to sell the Music Files to Empire, he was no longer concerned. White understood that Empire was 

a reputable and sophisticated label that understands the legal ramifications of its business 

decisions. White, through Finkley, was in communication with Empire during this time. 

26. On May 18, 2021, Bollin sent Ms. Noble a Mother’s Day wish via text. Ms. Noble 

thanked him for the wish, but said “if you want to [make] me happy please give me my son’s 

music. I am having to go through too much as is.” Bollin responded “Peace Nichole. I would like 

to give you the files, however there is some unfinished business.” 

27. In or around this same time, Bollin reached out to Noble’s record company Empire, 

proposing a “sale” of a series of unreleased Mo3 recordings that he claimed to have in his 

possession (the “Unreleased Recordings”).6

 Initially, Bollin requested payment of studio fees that 

he claimed were outstanding in the amount of $10,000 to $20,000, and agreed to deliver the 

Unreleased Recordings if those fees were paid. In reality, there were no fees owed because Noble 

paid Bollin in cash after each and every session, and in fact––Bollin never previously asserted any 

claims for unpaid studio fees to the Estate, or anyone else for that matter. 

28. In subsequent conversations with Empire, Bollin inflated his claims. In addition to 

claiming unpaid studio fees, he now claimed to be the “producer” of the Unreleased Recordings, 

6

 It is not clear whether the Unreleased Recordings are simply the unfinished recordings featuring the Instrumental 

Tracks and Vocal Tracks that Noble was storing at Absolut, or if Bollin has added anything to those recordings. 

Whatever the case, Bollin had (and has) no right to commercially exploit and/or create derivative works featuring the 

Instrumental Tracks, Vocal Tracks or Musical Compositions, which do not belong to him and in which he holds valid 

copyrights. 

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and to have registered some or all of them with the U.S. Copyright Office.7

 Bollin then disappeared 

and was not heard from for months. 

E. Bollin’s shakedown of the Estate. 

29. On April 13, 2022, Bollin’s lawyer Raymond Mbala emailed Empire to propose a 

new round of discussions. Apologizing for the lengthy delay, Mbala requested a “face-to-face 

meeting with Empire in Dallas, Texas,” and promised to “negotiate and finalize an agreement that 

[would] be mutually beneficial for all parties involved.” Mbala noted that May 31, 2022 had been 

proclaimed “Mo3 Day in McKinney, Texas,” and suggested a “joint release of a not-yet published 

Mo3 project on that date.” Mbala concluded on a disingenuously upbeat note––affirming that his 

“client look[ed] forward to establishing and developing a working relationship with Empire to 

extend and uphold the legacy of such a talented artist and beloved friend.” To the contrary, what 

Mbala was really proposing was the insertion of his client into a business deal in which he had no 

interest––either as an author or producer––and much less a “beloved friend.” 

30. After reopening discussions, Mbala disappeared once again and was not heard from 

until August 2022. In the meantime, in late May 2022, the Estate negotiated and executed an 

amendment to Noble’s recording agreement with Empire providing for the release of twoposthumous Mo3 albums that were (and are) intended to feature previously unreleased material–– 

including selections from the Vocal Tracks and Musical Compositions. 

31. On August 24, 2022, Mbala resurfaced, apologizing for the “break in 

communication due to factors outside of [his] control.” Mbala’s correspondence suggested that he 

was aware of the amendment to Noble’s recording agreement, and that he and his client smelled 

7

 Documents filed with the U.S. Copyright Office reflect that between March 4, 2021 and June 6, 2021, Bollin did in 

fact submit copyright registration applications for at least 30 Unreleased Recordings––improperly identifying himself 

as the sole “author” with respect to 10 of them, and as Noble’s “coauthor” for the remaining 20. Turman Dec. ¶ 2. In 

all such applications, Bollin also falsely listed himself as the proper contact for rights and permissions. Id. 

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money. Mbala indicated that a business proposal was forthcoming and prefaced the offer with a 

statement regarding his client’s “historical position as it relates to Empire’s business dealings with 

Melvin Noble III, p/k/a ‘Mo3.’” Mbala explained his client’s “position” as follows: 

From a historical standpoint my clients would have preferred that the parties had 

come together prior to Empire investing in the signing, promoting, and mass 

distribution of Mo3 before securing any Master recordings. They are confident that 

this matter could have been resolved years ago with a simple phone call and a 

meeting. The appearance of a hasty decision to move forward with Mo3’s project 

without engaging my clients has initiated a downward spiraling chain, and quite 

frankly, to my clients, it appears that there was an attempt to disregard Absolut after 

many years of hard work and sacrifice.... Now that we are at this point, my clients 

want to be fully compensated for all of Drop’s8

/Absolut’s contributions to Mo3’s 

career from the moment he walked into Absolut Productions Studios in the Fall of 

2012 through the time he ... signed, or otherwise became affiliated with Empire 

Records. To this end, in the coming days, I will be forwarding a proposed settlement 

structure that my clients hope will help move a deal between Absolut and Empire 

to finalization. 

32. Contrary to Mbala’s grandiose characterizations, Bollin’s role in Noble’s career 

was miniscule––consisting of pushing a button to record Vocal Tracks over pre-recorded 

Instrumental Tracks that would later be mixed and mastered by engineers. More importantly, 

Bollin “sacrificed” nothing at all. He had already been fully compensated for his labor and was 

entitled to no further consideration. 

33. On September 19, 2022, Mbala finally presented Empire with a “deal memo” 

outlining his client’s demands. Under the proposal, Bollin would purportedly “transfer” ownership 

of the Unreleased Recordings in exchange for the following: 

 $20,820 for “production” (allegedly consisting of recording, mixing, mastering and 

arrangement) and studio time; 

 $624,000 in “licensing fees” for 78 “previously released songs” and $6,500 per 

recording for the Unreleased Recordings (the quantity of which remained 

undisclosed)–– plus a 25% royalty interest in all of the recordings; 

8

 As discussed above, Bollin’s alias is “Drop.” 

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 “Back royalties” to be “paid retroactively from all sales, downloads, streaming 

platforms, etc.” of the 78 previously released recordings; and 

 Credits to include RIAA Certifications, production and engineering credits, 

recognition in press releases, and a co-writer’s credit.9

34. On September 23, 2022, Empire’s in-house counsel Mike Gallegus requested a list 

of the Unreleased Recordings in Bollin’s possession. Mbala responded on October 11, 2022, with 

a list of 51 “unreleased single recordings” advising that they had all been copyrighted by Bollin 

with “all rights reserved.”10 At $6,500 per recording (under the proposed deal memo), the list 

confirmed that Bollin sought an additional $331,500 for the Unreleased Recordings, or a total of 

almost $1 million, plus back royalties and future royalties. 

F. Summary and recent developments. 

35. Other than to request a track listing, Empire has not responded to Bollin’s 

outrageous proposal, thereby prompting him to seek other avenues of opportunity. 

36. Most recently, Bollin and P.G., a man identifying himself as Bollin’s “business 

manager” contacted Jasmine Moore (the mother of one of Noble’s children)––attempting to gain 

her assistance in independently exploiting the Unreleased Recordings. 

37. Specifically, in late August 2023, Moore was contacted by “P.G.,” which she 

understood to be short for “Purlie Gates.” P.G. contacted Moore on behalf of Bollin. Moore and 

P.G. met at a restaurant in Richardson, Texas on August 24, 2023. P.G. brought a folder to the 

meeting with him. 

38. At the meeting, P.G. asked Moore to agree to release the rights to Noble’s Vocal 

Tracks that P.G. and/or Bollin had in their possession. P.G. did not say how many tracks were in 

9

 On information and belief, this was the first time Bollin had ever suggested he was a co-writer of the Musical 

Compositions––each of which were written before Noble stepped foot into Bollin’s studio to record the Vocal Tracks 

therefor. 

10 Research suggests that only 30 of the Unreleased Recordings have been registered. See note 7, supra. 

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their possession, but he suggested it was a large number. P.G. also asked Moore to agree to have 

both P.G. and Bollin named as writers and co-producers of the tracks in their possession. P.G. 

also asked Moore to agree that P.G. and Bollin could release the Music Files so P.G. and Bollin 

could get paid for the music and so Moore’s child could receive payments relating to the Music 

Files. 

39. P.G. said negative things about the people with authority to handle Noble’s Estate, 

and he said that if P.G. and Bollin do not get to release the Music Files, “then no one will get” 

them. 

40. P.G. also said he was attempting to make this kind of deal with only Moore, and 

that Noble’s other children (and their mothers) would not get any money if she agreed. P.G. made 

it clear to Moore that, if she signed the document, then she and her son would not have to share 

the proceeds with Noble’s other two children, their mothers, or anyone else with claims in Mr. 

Noble’s Estate. Shortly after Moore indicated she would not agree to P.G.’s proposal, he left. 

41. To characterize Bollin’s elaborate scheme to capitalize on the Estate’s assets as an 

“overreach” does the term no justice. At the end of the day, he is in opportunistic interloper, 

seeking a multi-million-dollar payday in exchange for recordings and music files that do not 

belong to him––some of which have been falsely registered at the U.S. Copyright Office in Bollin’s 

name. 

42. The Estate brought this action for declaratory relief, injunctive relief, and damages. 

43. On information and belief, the Music Files are unfinished—meaning that they have 

not been professionally mixed, produced and mastered; and are therefore not suitable for 

commercial release. If Bollin were to release even a portion of the unfinished Music Files (or 

license them to others for release), it would jeopardize the popularity and marketability of Noble’s 

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existing recordings and brand. Additionally, Bollin has permitted others to use the Instrumental 

Tracks previously accompanied with Noble’s Vocal Tracks. Allowing multiple artists to use the 

same instrumental track would result in the tracks competing and, thus, diminish the value of the 

version featuring Noble’s vocal performance. It would be impossible to compute the diminution 

in commercial value that could be caused by Bollin’s wrongful acts. 

44. The Music Files and Vocal Tracks – which Noble’s Estate has the right to control 

– are not safe in Bollin’s possession. 

45. Accordingly, due to Bollin’s renewed efforts to circumvent the Estate and maintain 

possession of Noble’s intellectual property, the Estate now seeks temporary and permanent 

injunctive relief to restrain Bollin’s improper conduct. 

COUNT I: DECLARATORY JUDGMENT – AUTHORSHIP/OWNERSHIP 

46. The Estate re-alleges and incorporates herein the foregoing paragraphs. 

47. Noble was the sole author and owner of the Vocal Tracks, and therefore the 

copyright owner of such works; which ownership has vested in the Estate through probate. 

48. Notwithstanding, Bollin––who acted solely as an audio tech under Noble’s 

guidance, direction and control––has improperly asserted authorship, ownership and control of at 

least 51 Unreleased Recordings featuring the Vocal Tracks and is attempting to sell and/or directly 

exploit them for his own gain. 

49. A justiciable controversy therefore exists as to the rights, obligations, and status of 

the parties with respect to the Vocal Tracks, for which the Estate seeks remedy. 

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50. Specifically, the Estate seeks a judicial declaration that (a) Noble was the sole 

author of the Vocal Tracks,11 and (b) that the Estate has acquired Noble’s copyright interests in 

the Vocal Tracks through probate.12

51. In addition to the foregoing, Bollin claims a copyright interest in the Musical 

Compositions as a coauthor. 

52. The Estate contends that Bollin did not contribute in any way to the creation of the 

Musical Compositions and has no copyright interests therein as a coauthor. 

53. A justiciable controversy therefore exists as to the rights, obligations, and status of 

the parties with respect to the Musical Compositions, for which the Estate seeks a judicial 

declaration that Bollin has no authorship interests and/or copyrights. 

COUNT II: BREACH OF CONTRACT 

54. The Estate re-alleges and incorporates herein the foregoing paragraphs. 

55. The parties entered into an agreement whereby Noble paid Bollin to record Vocal 

Tracks under Noble’s guidance, direction and control; and to store the Vocal Tracks and other 

Music Files until requested by Noble or his representatives. 

56. Noble performed under the agreement by paying for all services rendered. 

57. By his actions described above, Bollin has breached the agreement by (a) refusing 

to turn over the Vocal Tracks and Music Files, despite the Estate’s demand therefor, (b) claiming 

authorship rights he does not possess, (c) claiming copyright ownership rights he does not 

possesses, and (c) demanding further payment for his services. 

11 For clarity, the Estate is not presently seeking any judicial declaration as to the authorship of the Instrumental Tracks 

or Unreleased Recordings. 

12 As ancillary relief, the estate also seeks a judicial declaration that the sound recording copyright registrations issued 

by the U.S. Copyright Office for the Unreleased Recordings were improperly registered in Bollin’s name as author 

and/or coauthor, and should therefore be amended. 

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58. Bollin’s actions have proximately caused injury to the Estate in an amount to be 

proven at trial, which damages are continuing. The Estate’s damages include at least actual 

damages (including benefit of the bargain damages) and consequential damages. 

COUNT III: CONVERSION 

59. The Estate re-alleges and incorporates herein the foregoing paragraphs. 

60. Defendant Bollin has exercised dominion, wrongfully withheld and converted to 

his use physical assets belonging to the Estate, including the Music Files. 

61. Bollin has continued to deprive the Estate of these assets, despite repeated demands 

therefor. Bollin’s conduct has been both willful and malicious. 

62. As a result, in addition to recovery of its right of access to (and control over) the 

property at issue, the Estate is entitled to recover exemplary damages to deter similar conduct by 

Bollin and others. 

COUNT IV: COPYRIGHT INFRINGEMENT 

63. The Estate re-alleges and incorporates herein the foregoing paragraphs. 

64. By his actions alleged above, Defendant Bollin (acting individually and/or by and 

through his agents and/or representatives) has infringed the Estate’s federally registered 

copyrights. 

65. On information and belief, Bollin has copied and distributed one or more 

Unreleased Recordings featuring the Vocal Tracks and Musical Compositions for purposes of 

soliciting the sale thereof to one or more third parties, and in order to register the sound recording 

copyrights therein and thereto, and by doing so, has infringed the Estate’s exclusive rights set forth 

in 17 U.S.C. § 106. 

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66. In addition to, and/or in the alternative to committing direct copyright infringement, 

upon information and belief, Bollin is vicariously liable for any copyright infringement committed 

by his agents and/or representatives who copied and distributed the Unreleased Recordings 

because he had the right and ability to supervise and/or control the wrongful actions of those 

individuals, and stood to derive a direct benefit therefrom by selling the Unreleased Recordings to 

one or more third parties, and is therefore vicariously liable for copyright infringement. 

67. In addition to and/or in the alternative to committing direct copyright infringement 

and/or vicarious copyright infringement, Bollin has contributorily infringed the Estate’s 

copyrights. 

68. Specifically, by retaining one or more agents to shop13 the Unreleased Recordings, 

and providing the Unreleased Recordings to said parties to facilitate the same, Bollin induced, 

caused and/or materially contributed to their unauthorized copying and/or distribution of the Vocal 

Tracks and Musical Compositions. 

69. Bollin’s actions constituted willful infringement of the Estate’s copyrights 

inasmuch as he knew, or had reason to know, that his actions constituted copyright infringement 

because he knew that he had no authorship or ownership rights in the Vocal Tracks and Musical 

Compositions, and copied and distributed them anyway, for personal gain. 

70. As a result of the foregoing, the Estate is entitled to actual damages plus the profits 

earned by Bollin; and/or statutory damages of up to $150,000 per work infringed, plus attorney’s 

fees and costs of court. 17 U.S.C. §§ 504, 505. Unfortunately, any breach and/or publication would 

result in diminishing the value of any unreleased recordings featuring Noble’s vocal performance. 

13 Shopping means presenting artists [masters] to record companies with the goal of securing a music recording or 

music publishing agreement –– the proverbial ‘deal.’” Abdo, Kenneth J., Shopping Record Deals for Lawyers: A&R 

Approach and Ethics Issues, 23 ENTM’T & SPORTS LAW 3 (2005). 

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COUNT V: DMCA CLAIM 

71. The Estate re-alleges and incorporates herein the foregoing paragraphs. 

72. On information and belief, Defendant Bollin (acting individually and/or by and 

through his agents and/or representatives) violated Section 1202 of the DMCA by intentionally 

falsifying copyright management information with knowledge, or a reasonable basis to know, that 

his actions would induce, enable, facilitate, and/or conceal infringement. 17 U.S.C. § 1202. 

73. Specifically, Bollin filed applications for copyright registration falsely naming 

himself as sole author of ten Unreleased Recordings featuring the Vocal Tracks, and as coauthor 

of an additional twenty Unreleased Recordings featuring the Vocal Tracks. Decl. of B. Turman ¶ 

2. 

74. On information and belief, Bollin’s actions were committed intentionally––for the 

purpose of enabling and/or facilitating Bollin’s further infringement of the Estate’s copyrights 

through the sale or transfer of the Unreleased Recordings to one or more third parties, including 

Empire. 

75. In addition to, and/or in the alternative to committing direct violations of the 

DMCA, upon information and belief, Bollin is vicariously liable for any direct violations of the 

DMCA committed by his agents and/or representatives who may have filed the copyright 

registration applications at issue because Bollin had the right and ability to supervise and/or control 

the wrongful actions of those individuals, and stood to derive a direct benefit therefrom by selling 

the Unreleased Recordings to one or more third parties, and is therefore vicariously liable for the 

violations of Section 1202 of the DMCA. 

76. As a result of the foregoing, the Estate is entitled to actual damages and any 

additional profits derived by Bollin; or in the alternative, statutory damages for each violation in 

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an amount no less than $2,500 and no more than $25,000, plus costs and attorney’s fees. 17 U.S.C. 

§ 1203(b)(4), (5) & (c). 

COUNT VI: UNAUTHORIZED USE OF NAME AND LIKENESS 

UNDER TEX. PROP. CODE § 26.013 

77. The Estate re-alleges and incorporates herein the foregoing paragraphs. 

78. Melvin Noble’s name, voice, and likeness (hereinafter, the “Noble Name and 

Likeness Rights”) had significant commercial value at the time of his death, and that commercial 

value has only increased since his untimely passing. 

79. The Noble Name and Likeness Rights are presently being administered by Daniel 

L. White, Esq. on behalf of the Estate, in accordance with the powers vested in Mr. White by the 

Probate Court. 

80. Pursuant to TEX. PROP. CODE § 26.013, Defendant Bollin is liable to the Estate for 

use of the Noble Name and Likeness Rights in an unauthorized manner in connection with his 

efforts to exploit the Unreleased Recordings. 

81. As a result of Bollin’s unauthorized use of the Noble Name and Likeness Rights, 

the Estate is entitled to recover the amount of any damages sustained, or $2,500, whichever is 

greater; the amount of Bollin’s profits that are attributable to the unauthorized use; exemplary 

damages; and reasonable attorneys’ fees, expenses and court costs. TEX. PROP. CODE § 26.013. 

Unfortunately, the Estate will suffer irreparable harm if Bollin, as well as those acting in concert 

with him, attempt to use Noble’s name, likeness, or voice. 

COUNT VII: TORTIOUS INTERFERENCE 

82. The Estate re-alleges and incorporates herein the foregoing paragraphs. 

83. The Estate has contractual and business relationships with Empire. Bollin and P.G. 

have knowledge of these agreements. 

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84. However, Bollin and P.G. have intentionally interfered with the foregoing 

agreement by attempting to do an end-run around the Estate and reach an agreement with Empire 

regarding the Music Files, by maintaining possession of the Music Files without the Estate’s 

authorization, and by seeking to obtain a release of rights from Ms. Moore. 

85. Bollin and P.G.’s tortious conduct proximately caused injury to the Estate. 

86. The Estate suffered actual damages and/or loss due to Bollin’s and P.G.’s tortious 

interference, including the time and resources expended to respond to Empire’s requests for 

information and lost time to monetize the Music Files for the benefit of the Estate’s beneficiaries, 

among other things. 

87. Bollin and P.G. tortiously interfered with the contractual relations with malice, in 

that they had the specific intent to cause injury and/or harm to the Estate. Moreover, their conduct 

is outrageous and reprehensible. 

COUNT VIII: AIDING AND ABETTING CONVERSION 

88. The Estate re-alleges and incorporates herein the foregoing paragraphs. 

89. P.G. aided and abetted Bollin’s conversion of the Estate’s property. 

90. P.G., with unlawful intent, gave substantial assistance and encouragement to Bollin 

in Bollin’s conversion of the Music Files. Bollin’s actions in which, on information and belief, 

P.G. participated are described more fully supra. 

COUNT IX: AIDING AND ABETTING COPYRIGHT INFRINGEMENT 

91. The Estate re-alleges and incorporates herein the foregoing paragraphs. 

92. P.G. aided and abetted Bollin’s infringement of the Estate’s copyrights. 

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93. P.G., with unlawful intent, gave substantial assistance and encouragement to Bollin 

in Bollin’s infringement of the Estate’s copyrights in the Music Files. Bollin’s actions in which, 

on information and belief, P.G. participated are described more fully supra. 

COUNT X: AIDING AND ABETTING UNAUTHORIZED 

USE OF NAME AND LIKENESS 

94. The Estate re-alleges and incorporates herein the foregoing paragraphs. 

95. P.G. aided and abetted Bollin’s infringement of the Estate’s name and likeness 

rights. 

96. P.G., with unlawful intent, gave substantial assistance and encouragement to Bollin 

in Bollin’s infringement of the Estate’s name and likeness rights related to the Music Files. 

Bollin’s actions in which, on information and belief, P.G. participated are described more fully 

supra. 

COUNT XI: REQUEST FOR PERMANENT INJUNCTION 

97. The Estate re-alleges and incorporates herein the foregoing paragraphs. 

98. With regard to the Estate’s copyright infringement claims, the Estate has been 

irreparably harmed by Bollin’s infringement of the Estate’s copyrights and will continue to be 

harmed by the infringement. The Estate lacks an adequate remedy at law for the infringement to 

prevent future infringement as Bollin will continue to infringe the copyrights unless the Court 

order impoundment of the works and unless Bollin is enjoined by the Court. Public policy and the 

public interest favor the enforcement and protection of the Estate’s copyrights. Therefore, 

pursuant to 17 U.S.C. §§ 502, 503 and FED. R. CIV. P. 65, the Estate seeks a permanent injunction 

prohibiting Bollin and P.G. and all persons acting in concert with them, as well as all persons under 

their direction, control, permission or authority from infringing on the Estate’s copyrights and from 

disposing of, transferring, selling and/or exploiting the Vocal Tracks. 

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99. With regard to the Estate’s conversion claims the Estate has been irreparably 

harmed by Bollin’s conversion of the Estate’s property, namely the Vocal Tracks, and will 

continue to be harmed Bollin’s conversion. The Estate lacks an adequate remedy at law for the 

conversion to prevent future injury, as Bollin will continue to maintain illegal possession of the 

Vocal Tracks unless enjoined by the Court. Public policy and the public interest favor the 

enforcement and protection of the Estate’s property rights. Therefore, pursuant to FED. R. CIV. P. 

65, the Estate seeks a permanent injunction mandating that Bollin turn over the stolen Vocal Tracks 

to the care, custody, and control of the Estate. 

ATTORNEY’S FEES 

100. The Estate seeks an award of its reasonable attorney’s fees incurred in connection 

with the adjudication of this dispute pursuant to Chapter 38 of the Texas Civil Practice and 

Remedies Code; the Declaratory Judgment Act, 28 U.S.C. §§ 2201-02; 17 U.S.C. §§ 505 & 

1203(b)(5); TEX. PROP. CODE § 26.013, and any other applicable provision. 

JURY DEMAND 

101. The Estate asserts its rights under the Seventh Amendment to the U.S. Constitution 

and demands, in accordance with Federal Rule of Civil Procedure 38, a trial by jury on all issues. 

PRAYER 

102. For the foregoing reasons, Plaintiff, the Estate of Melvin Noble, Jr., requests 

judgment against Defendants, Ray Gene Bollin, Jr. d/b/a Absolut Production Recording Studios 

and Purlie Gates a/k/a “P.G.” for the following: 

a) After notice and hearing, a preliminary and permanent injunction enjoining 

Defendant and all persons under his direction, control, permission or authority from 

disposing of, transferring, selling and/or exploiting the Vocal Tracks, Instrumental 

Tracks, Music Files, Musical Compositions and/or Unreleased Recordings; 

b) Declaratory relief as set forth above; 

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c) An award of actual damages; 

d) An award of consequential damages; 

e) An award of actual damages under 17 U.S.C. §§ 504(b) and 1203(c)(2), or statutory 

damages under 17 U.S.C. §§ 504(c) and 1203(c)(3); 

f) An award of actual damages and/or statutory damages under Tex. Prop. Code § 

26.013; 

g) An award of exemplary and/or punitive damages for all claims for which such 

damages are authorized; 

h) An order requiring turnover or, in the alternative, impoundment of all 

misappropriated Vocal Tracks, Music Files, and Unreleased Recordings; 

i) Prejudgment and post-judgment interest as permitted by law; and 

j) Reasonable attorney’s fees and costs in this action; 

k) Such other and further relief as the Court may deem just, proper or necessary under 

the circumstances. 

 

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DATED: October 11, 2023. 

Respectfully submitted, 

 BELL NUNNALLY & MARTIN LLP 

By: /s/ Brent A. Turman 

Brent A. Turman 

State Bar No. 24077506 

bturman@bellnunnally.com 

Troy L. Hales 

State Bar No. 24099011 

thales@bellnunnally.com 

2323 Ross Avenue, Suite 1900 

Dallas, Texas 75201 

Telephone: (214) 740-1400 

Telecopy: (214) 740-1499 

ATTORNEYS FOR PLAINTIFF 

THE ESTATE OF MELVIN NOBLE, JR. 

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