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1 HALLAM & HOCHBERG, LLP
WILLIAM I. HOCHBERG (SBN 150265)
2
DANIEL MATUSOV (SBN 286347)
3
whochberg@hallamhoc.hberg. com
20 t Santa Monica Boulevard, Suite 300
4 Santa Moni.ca, California 90401
Tel: (310) 393-1388
5 Fax: (310) 393-1383
6
Attorneys for PlaintiffKristopher Trindl
7
COPY
I=ILED
Supanor Court of California
County of Los Angeles
SEP 2 9 2014
Sherri R. Carter, Executive Officer/Clerk
By Cristina Grijalva, Deputy
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF LOS ANGELES, CENTRAL DISTRICT
KRISTOPHER TRINDL, an individual,

vs.
JAHAN YO USAF, an individual; YASMINE
YOUSAF, an individual; and DOES l through
25, inclusive,
Defendants.
'
BC 55 9 1 3 8
Case No:
COMPLAINT FOR:
(1) DECLARATORY AND INJUNCTIVE
RELIEF;
(2) BREACH OF CONTRACT:
(3) BREACH OF l'1DUCIARY DUTY AND
IMPOSITION OF CONSTRUCTIVE
TRUST;
(4) VIOLATION OF THE LANHAM ACT
DEMAND FOR JURY TRIAL
COMPLAINT
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COMPLAINT
PlaintiffKRISTOPHER TRINDL ("Trindl", "Kris" or "Plaintiff') alleges against defendants
JAHAN YOUSAF ("Jahan" or "Defendant"), YASMINE YOUSAF ("Yasmine" or "Defendant"),
and DOES 1-25 ("Does"), inclusive, and each of them (collectively "Defendants"), as follows:
NATURE OF THE CASE
1. All high school music groups dream of hitting the big time. Krewella is one ofthe
exceedingly few who actually have realized that dream. Consisting of two sisters (defendants) and a
former boyfriend of one of them who is an accomplished producer (plaintiff), Krewella's music is
sweeping the dance clubs from Hollywood to Hong Kong. But their success has come with such
stress that the plaintiff has checked himself into rehab. He is now sober. Rather than supporting him,
the sister defendants - advised by aggressive and greedy handlers- have pounced on what they
see as an opportunity to remove plaintiff from the group and keep more of the money for themselves,
in the process breaching their oral contracts, ignoring their fiduciary duties and violating other
19 substantial rights of the plaintiff.
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JURISDICTION & VENUE
2. This Court has general jurisdiction over this entire action pursuant to California Code
of Civil Procedure section 410.10, and also has personal jurisdiction over all of the Defendants in
that they all have the requisite minimum contacts with this jurisdiction and the acts
challenged were performed within this jurisdiction. The amount in controversy exceeds the
$25,000 minimum to qualify this action for unlimited jurisdiction within the California Superior
2
COMPLAINT
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Court. Venue is proper in this judicial district, pursuant to California Code of Civil Procedure
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sections 395(a) and 395.5, in that Defendants either reside, maintain an office, transact business,
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have an agent, committed their alleged acts challenged here, or otherwise are found in the
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County of Los Angeles.
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6 PARTIES
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3. Trindl is an individual residing in Los Angeles County, California.
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4. Trindl is informed and believes, and thereon alleges, that defendant Yasmine Yousaf
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is an individual residing in Los Angeles County, California.
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5. Trindl is informed and believes, and thereon alleges, that defendant Jahan Yousaf is
an individual residing in Los Angeles County, California.
6. The true names and capacities, whether individual, corporate, associate or
otherwise, of defendants named herein as Does 1 through 25, inclusive, are unknown to Trindl, who
therefore sues said defendants by such fictitious names (the "Doe Defendants").
7. Trindl will amend this Complaint to allege their true names and capacities when such
have been ascertained. Upon information and belief, each of the Doe Defendants herein is
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responsible in some manner for the occurrences herein alleged, and Trindl's damages as herein
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alleged were proximately caused by such defendants' acts or omissions. (All of the defendants,
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including the Doe Defendants, collectively are referred to as "Defendants").
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8. Trindl is informed and believes, and on that basis alleges, that at all times mentioned
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in this Complaint, each of the Defendants is or was the agent of each of the other Defendants and, in
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doing the things alleged in this Complaint, was acting within the course and scope of such agency.
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COMPLAINT
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FACTS COMMON TO ALL CAUSES OF ACTION
2
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9. Kris, Jahan and Yasmine met in 2005, while students at Glenbrook North High
4 School in the leafy Chicago suburb of Northbrook, Illinois. Kris and Jahan began dating around that
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time and then became romantically involved for several years thereafter. Kris was already gaining
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notoriety well beyond high school circles as a prodigious musician and producer, and eventually
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reached the cream of Chicago's music scene, working for one of the most famous music luminaries
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in Chicago at the time, Paul Blair (aka DJ White Shadow), notable for producing pop megastar Lady
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Gaga and other superstars. One ofKris' clients for whom he wrote and produced music gave him
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the stage name "Rain Man", because he predicted his music would bring much success, and so it did.
12 10. On June 8, 2010, Yasmine, Kris and Jahan made a vow to put aside any other career
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plans outside of music and commit to Krewella. To commemorate their oath, they each had the date
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"6-8-1 0" tattooed on their bodies. Jahan had been studying communications at the University of
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Chicago and Yasmine had just finished high school. Kris helped them break the news to their father
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So hail Y ousaf who - to the surprise of Yasmine and J ahan - accepted his daughters' decision to
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follow their passion for music. To this day, Sohail continues to support his daughters' decision and
19 is their advisor about music business matters.
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11. In 2011, Jahan, Yasmine and Kris moved into a loft together in Chicago, where they
worked tirelessly on their music. Although Jahan and Yasmine were not musicians like Kris, they
picked up fast what they needed to learn. Together they came up with a new twist on the wildly
popular EDM (electronic dance music) genre, mixing live heavy metal-inspired performances with
varieties of EDM tracks or "beats". The Y ousaf sisters sing and move around on stage while Kris
generally stays behind a sound deck, in DJ fashion, or moves around the stage with a microphone.
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COMPLAINT
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12. Meanwhile, another Glenbrook North High School graduate named Jake Udell
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("Udell") was keeping tabs on his old schoolmates. Considered a "big man around campus" in the
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same class as Jahan (one year behind Kris), Udell moved on after high school to college at Indiana
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University and became a marketing employee for Campus Candy, LLC, a chain of socially-
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connected candy and frozen yogurt cafes opening at college campuses around the country, which
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afforded him an opportunity to learn about brand marketing and social networking. Udell became
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adept at using social media for college rappers and, wanting to become a successful rapper himself,
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Udell engaged Kris to produce some music for him so that Udell could shop around for a record deal
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for himself. Udell's rap career fai led to take off, so in 2011 Udell decided he wanted to work with
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Krewella instead, handling social networking chores. The trio agreed.
13. Udell, a convincing salesman, later became the group' s co-manager. Yet in 2009, the
trio already had another manager, Nathan T .im from Chicago. Nevertheless, in December of2011,
Udell and Lim agreed to split a 20% management commission, so that they each would earn a 10%
commission from Krewella. Udell would use hi s social media skills to boost Krewella's exposure to
high school and college potential audiences while Lim would continue to handle day-to-day
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management chores. The nonnal and customary management commission for a group ofKrewella' s
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stature is 15% in total, not 20%.
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14. Due in part to Lim's and Udell ' s efforts, but much more to Krewella's catchy music,
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unique perfonnance style and the trio's irresistible look, their career started to take flight.
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15. In January of2012, the group' s self-released record and video called "Ki llin' It"
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started circulating on the Internet. Not long after, their music caught the attention of Columbia
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Records, who flew the band to California and New York for meetings. In order to further excite
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Columbia's interest, the group played a mini-tour up and down California- the first time they ever
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played live outside of Illinois - and, true to the title of their single "Killin' It" , they wowed the
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COMPLAINT
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crowds and impressed the record executives. In March of2012, they signed a recording agreement
with Columbia, and soon their music was sweeping the world's nightclubs, festivals and social
networks.
16. From March of2012 until March of2013, it was non-stop music, good times and
partying for the members ofKrewella, and the money started rolling in. Kris and the Yousaf sisters
were public about their drinking and partying, posting on the Internet video dispatches from the road
that only served to stoke their popularity with an ever-growing worldwide fan base.
17. In 2013, Udell convinced Lim to reduce his commission to 5% and increased his own
commission to 15%. Udell explained that he needed the extra 5% to cover his overhead and Lim
didn't argue much about his reduction, happy to be onboard as the tide of success was rising.
18. Early in 2013, Krewella moved their residency from Chicago to Los Angeles, where
they rented modest accommodations. But Krewella wasn't around Los Angeles much, as they
undertook a grueling schedule, perfonning over 140 dates in 2013, criss-crossing the globe in a
stressful, poorly-coordinated and exhausting routine which afforded little time for sleep or
rejuvenation. In addition to his arduous touring activity, Kris has continuously been producing new
music for the group, which had to be done whether he was on the road or at his residence in Los
Angeles.
19. In January of2013, Jake Udell moved out to Los Angeles and decided to upgrade his
lifestyle as fast as possible, first moving into a large house in the Hollywood Hills and later
upgrading to even fancier digs in exclusive Bel Air. Udell rented a six-bedroom deluxe house in Bel
Air -- with music and entertainment celebrities as neighbors -- at a rental rate of at least $20,000 per
month, afforded thanks to Krewella' s income from touring and other revenue streams. The three
members ofKrewella maintained, and continue to maintain, a frugal lifestyle.
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COMPLAINT
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20. In November of2013, the Yousaf sisters and their father, Sohail Yousaf, expressed
concern that Udell was spending too much of the group's money, including booking flights and
hotels around the world on Krewella's dime without asking permission. But Udell convinced them it
was necessary and that there would only be more and more money for them in the future, and agreed
to pay for his travel out of his commissions.
21. At breakneck pace, the trio continued on a punishing schedule of relentless touring,
with little chance for rest between performances and an often confusing array of long flights back
and forth across the globe - for example, from Los Angeles to Asia, back to Nevada, and then right
back to Asia. The excessive pace took, and continues to take, a heavy toll on Krewella.
22. Kris used alcohol to try to cope with the pressure. By late summer of2013, he knew
he had a drinking problem and checked himself into a detox program and then a 30-day rehab
program. While he was in the program, where he was supposed to relax, get healthy and take a
break from the pressures of his life, Udell demanded that Kris produce a remix of a song called
" Alone Together" by popular rock band Fall Out Boy. Kris agreed and obtained permission from the
rehab staff to make an exception to the resting regime. Kris completed the remix, which became
very popular. But he needed more time to establish a strong foundation for his sobriety.
23. Thankfully, after rehab completed, Kris went back out on the road and was able to
stay sober, with two minor and uneventful relapses when he drank some beer from a hotel minibar.
He attended Alcoholics Anonymous meetings and stayed on the wagon. But the Y ousaf sisters
didn't like the new, sober Kris, who took care of business but did not party or drink anymore. They
thought he was depressed, although he explained it was just part of the recovery process. The
Y ousaf sisters are not alcoholics, and are fortunate to have the innate ability to stop drinking at will.
But Kris, like many, needs assistance in stopping his alcohol addiction.
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COMPLAINT
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24. In January of2014, Udell invited Kris to move into a bedroom on the top floor of the
Bel Air house, and Kris accepted. But it was hardly a bed of roses. There were always between five
and fifteen people staying at the house and unpredictable happenings. Kris concentrated on writing
music and staying sober. The Y ousaf sisters thought he was depressed and didn't like it.
25. At this time, Udell, the Yousaf sisters and others conspired to remove Kris from the
7 group altogether. Now that the band was successful, they figured they could always hire outside
8 people to write and produce music for far less money than it would cost to continue splitting their
9 income equally with Kris, as they have done (one-third to each member).
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26. Krewella' s contractual situation was even more disorganized and mismanaged than
their touring schedule. The group had hired an attorney named Evan Krauss, who had first been
Kris' attorney.
27. In 2009, Kris found Krauss because he had sought his own entertainment attorney to
handle several of his music contracts outside ofKrewella, including for production of music for DJ
White Shadow. Nathan Lim referred Kris to Krauss, a New York-based attorney. Kris hired Krauss,
who then rendered legal services to Kris on an hourly fee basis.
28. In the summer of2011, Krauss began giving advice to Krewella as well as
representing Kris individually. Krauss never bothered to enter into a written attorney-client
agreement with Krewella or a conflict waiver. By late 2011, Krewella agreed orally to pay Krauss a
percentage legal fee rather than an hourly fee to handle various matters, including the Columbia
Records contract.
29. Krauss hired another attorney to draft a limited liabi lity company agreement for the
band. But the written agreement was never negotiated and never signed. On February 23, 2012,
shortly before the band signed with Columbia Records, the band registered a limited liability
company called Krewella Music, LLC ("KM") with the Secretary of State of Delaware. Then, a
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COMPLAINT
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month or so after signing with Columbia Records, a second limited liability company called
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Krewella Live, LLC ("KL"), was registered with the Delaware Secretary of State. Neither entity has
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a signed operating agreement.
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30. In March of2014, about two years after the Columbia record contract was signed, and
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during the period when Kris was building his sobriety, he missed a flight to Mexico City to perform
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at a large EDM festival called the Electric Daisy Carnival. The Yousaf sisters were able to perform
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without Kris on stage, as they had done during the period when he was in rehab the previous
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September.
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31. But they used the opportunity of the missed flight to Mexico to try to make a big
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change in Krewella, to betray one of its founders, to find a way to make much more money for
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themselves. All they had to do was squeeze Kris out ofthe band.
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32. The Yousaf sisters and others on the team apparently hatched this plan during Kris'
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time in rehab, when they concluded they could perform shows without him on stage. Some fans
16 tweeted about Kris' absence, but the shows went on, and the more shows they did without Kris, the
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more the audiences would accept that Krewella didn' t necessarily have to include Kris, so they
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thought.
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33. In March of2014, shortly after the Electric Daisy Carnival show in Mexico City that
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Kris had missed, Udell called Kris to come downstairs from the top floor bedroom at the Bel Air
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house. Kris was ushered into the large living room where a dozen people, including the Y ousaf
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sisters, Krauss and others were waiting for him. Leading the meeting was a stranger Kris had never
24 met, who said he was an "interventionist".
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34. Kris asked what was going on, but the "interventionist" told him to just sit down and
listen. Each person in the room had prepared a letter and they read them out loud in tum, each one
asking Kris to go back into rehab. But it was not rehab for drinking, because Kris was staying sober.
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COMPLAINT
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They demanded he go into rehab for "depression". They said he didn' t seem happy anymore and
that he needed to go into a hospital for 60 days. Kris explained that he did not need to go into a
hospital for depression, that he may seem serious and was not smiling much, but that this was
normal for someone gaini ng sobriety, and that he was doing his best to take care of business and take
care of himself.
35. But the team had already decided that Kris must go. Kris left the room and went back
8 to the top floor of the Bel Air house.
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36. A day or so later, Yasmine and Jake told Kris they thought he should take time off
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from the group and get healthy. Kris agreed and took a hiatus from touring, but used this time to
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create excellent new music for the group while they were on the road. He went to regular AA
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meetings and maintained good health. However, it was not Kris' health or sobriety the others were
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thinking about, it was all about keeping him off the road so Jahan and Yasmine could establish
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themselves to live audiences as a duo without Kris, so they could eventually erase him completely
16 from Krewella and reap greater financial rewards.
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37. Kris and the Yousaf sisters discussed his taking less than his one-third share of the
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touring income while he was on hiatus. On May 30, 2014, Kris received an email from Krauss with
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an attachment which consisted of a proposed amendment to the Krewella Live, LLC operating
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agreement, although no written operating agreement for that entity has ever existed.
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38. In June of2014, Kris noticed that his image and presence was omitted from two
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prominently placed billboards in the heart of Los Angeles. This was one of the reasons Kris decided
24 to retain Dina LaPolt, Esq. , an entertainment attorney based in Los Angeles. Currently, at least one
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key billboard on the legendary Sunset Strip in West Hollywood still features an image of Jahan and
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Yasmi ne and omits Kris.
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COMPLAINT
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39. It became clear to LaPolt that the proposed amendment reducing Kris' share of live
performance income by half was only the tip of the iceberg, and that what the Y ousaf sisters and
their representatives were really after was to remove Kris completely from Krewella, including both
entities. The parties attempted to negotiate over a period of weeks, but when they could not come to
an agreement about how to go forward, the Yousaf sisters retained litigator Richard Busch, Esq. In
response to the Yousafs' recruiting a litigator, Kris retained William Hochberg, Esq. as litigation
counsel. After a few more weeks of discussions and meetings, negotiations broke down.
40. On September 25. 2014, Busch sent a letter to Hochberg stating that Kris had
resigned from Krewella, that if he went to a hospital for his alleged "depression" for 60 days, maybe
then the Yo usaf sisters might allow him to participate in the future ofKrewella, in some capacity as
yet unknown. Busch further insists that Trindl would only be entitled to a share of income as of the
date of his resignation and then nothing further, although Busch's incendiary Jetter cannot state what
date that allegedly would be, because there was no resignation. Busch's outrageous September 25th
letter, which purported to be an ultimatum, precipitated the filing of this lawsuit.
FffiST CAUSE OF ACTION
(Declaratory and Injunctive Relief Against All Defendants)
41. Trindl hereby incorporates the allegations set forth above in paragraphs 1 through 40
above, as though set forth in full herein.
42. An actual controversy has arisen and now exist s between Trindl and Defendants
concerning their respective rights and duties under the oral limited liability company operating
agreements ("LLC Agreements") for Krewella Live, LLC and Krewella Music, LLC (collectively,
"LLC Entities"). Trindl contends that he remains an active partner of the KL and KM LLCs because
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COMPLAINT
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Defendants have no legal basis under the LLC Agreements to oust Trindl. Trindl is informed and
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believes, and alleges thereon, that Defendants dispute such contentions.
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43. Trindl desires a judicial determination of the rights and duties of the parties under the
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LLC Agreements in accordance with his alleged contentions. A judicial determination is necessary
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and appropriate at this time in order to ascertain the rights and duties of the parties to
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one another and to resolve issues of ownership of the LLC Entities.
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44. Defendants' conduct is causing, and unless enjoined and restrained by this
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Court, will continue to cause, Trindl great and irreparable injury that cannot fully be compensated or
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measured in money. Trindl has no adequate remedy at law. Trindl is entitled to a temporary
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protective order and preliminary and permanent injunctions, prohibiting Defendants and their agents,
employees, attorneys and all persons or entities acting in concert or participation with them from (a)
denying that Trindl is an active one-third member of the LLC Entities and (b) using the assets of the
LLC Entities, including, without limitation, performing as a group under the name "Krewella" unless
such group is inclusive ofTrindl' s performance .
SECOND CAUSE OF ACTION
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(Breach of Contract)
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(By Plaintiff Against All Defendants)
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45. Trindl hereby incorporates the allegations set forth above in paragraphs 1 through 44
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above, as though set forth in full herein.
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46. The LLC Agreements are valid, enforceable contracts among Trindl and Defendants.
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Pursuant to the relevant agreements and the parties' consistent course of past conduct with respect to
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the LLC Entities, Trindl has a contractual right to receive his one-third equity share in any
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commercial exploitation of the Krewella name, brand, trademark, and associated goodwill, including
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without limitation any income, profits and proceeds received from any live performances,
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COMPLAINT
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appearances, broadcasts, telecasts and webcasts, as well as income, profits and proceeds received
from merchandise sales, sponsorships, endorsements, appearance fees, ticket sales and any other
activity or exploitation of the Krewella name, brand, trademark, and goodwill. Plaintiffs contractual
rights are pursuant to express oral agreements by and among the parties, as well as implied
agreements based on the parties' consistent course of conduct for many years.
47. Trindl has performed his duties and obligations pursuant to his contracts and
contractual relationships in relation to the LLC Entities, and remains ready, willing, and able to
perform his contractual obligations, including with respect to Krewella tour and other performances
from which Defendants have sought to exclude him from, which thereby excuses any failure of
performance in connection therewith
48. Defendants have materially breached the LLC Agreements by wrongfully purporting
to oust Trindl from the LLC Entities.
49. As a direct and proximate consequence of Defendants' breach of contract, Trindl has
been damaged in an amount that is not as of yet fully ascertained but which Trindl believes exceeds
$5,000,000, according to proof at trial.
THIRD CAUSE OF ACTION
(Breach of Fiduciary Duty and Imposition of Constructive Trust)
(By Plaintiff Against All Defendants)
50.
Trindl hereby incorporates the allegations set forth above in paragraphs 1 through 49
above, as though set forth in full herein.
51.
Among other things, the fiduciary duties owed to Trindl by Defendants prevent them
from engaging in conduct designed to dilute, "squeeze out" or "freeze out" Plaintiff from his
valuable legal rights to Krewella name, including his one-third share in and to any monies earned
from public performances or other exploitation of the Krewella brand, trademark, and goodwill.
13
COMPLAINT
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52. PlaintiffTrindl is informed and believes, and based thereon alleges, that in engaging
in the conduct as described above, Defendants have acted with oppression, fraud and/or malice. The
conduct ofDefendants has been despicable and undertaken intentionally and in conscious disregard
ofTrindl 's rights. As an actual and proximate result of Defendants' breaches of fiduciary duty,
Trindl is entitled to an award of compensatory in an amount that is not as of yet fully ascertained but
which Trindl believes exceeds $5,000,000, according to proof at trial. Additionally, Trindl is entitled
to punitive damages against Defendants, and each of them, in an amount sufficient to punish and
make an example of them.
53. Defendants' breaches of fiduciary duty also entitles Trindl to a constructive
trust imposed with respect to any and all proceeds, earnings, profits, and all other monies obtained
in relation to the exploitation ofKrewella's assets name, brand, and trademark, in violation of
Trindl's rights, including but not limited to the Krewella tour and any and all other performances,
appearances, broadcasts, telecasts and webcasts, and merchandise sales, sponsorships, endorsements,
appearance fees, ticket sales and any other activity, in order to protect and ensure against any
distribution or dissipation of said assets, proceeds, earnings, profits, or other monies unless and until
Trindl's rights thereto have been fully adjudicated and resolved and Plaintiffs rights to his one-third
share are first fully satisfied and respected. Any transfer by Defendants of the assets of the LLC
Entities will result in irreparable injury to Trindl that would otherwise not be fully compensable in
damages, and Trindl is therefore entitled to a preliminary and permanent injunction prohibiting
same. Accordingly, a constructive trust should be imposed to ensure that Defendants do not
distribute and dissipate funds destroying Trindl's equitable remedy of a constructive trust.
14
COMPLAINT
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FOURTH CAUSE OF ACTION
(Violation of the Lanham Act)
(By Plaintiff Against All Defendants)
54. Trindl hereby incorporates the allegations set forth above in paragraphs 1 through 53
above, as though set forth in full herein.
55. Plaintiff and Defendants have registered with the United States Patent and Trademark
Office in the name ofKrewella Music, LLC a trademark listed in the Primary Registry as No.
4500271, dated as ofFebruary 28, 2012, in international classes 009 (for compact discs featuring
music); 025 (forT-shirts); and 041 (for entertainment services in the nature of live musical
perfonnances) (the "Mark") .
56. Defendants' use in interstate commerce of the name and Mark "Krewella" in
connection with the advertising, marketing and promotion of their live performances, sale of T shirts
and other merchandise, and sale and licensing of recorded music constitutes a violation of 15 U. S.C.
1125(a) (sometimes referred to herein as "The Lanham Act") in that it creates a fal se designation
of origin as to the goods and services advertised, distributed, offered for sale and sold by
Defendants, which is likely to confuse, mislead or deceive the consuming public and trade by
creating the false impression that the live performances are actually performances of Krewella,
inclusive of or supported, sponsored, endorsed, guaranteed by, and/or in some way affiliated with
Trindl.
57. Defendants' use in interstate commerce of the name and Mark "Krewella" in
connection with the advertising, marketing and promotion of the live performances also constitutes a
false or misleading description or representation in interstate commerce, in violation of 15 U. S. C.
1125(a).
58. As a direct and proximate consequence ofDefendants' conduct, Trindl is
15
COMPLAINT
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entitled, pursuant to 15 U.S. C. 1117( c), to the recovery of statutory damages for each non-
willful use, per mark, per type of goods or services sold, offered for sale or distributed.
59. Trindl is informed and believes, and based thereon alleges, that Defendants
committed the acts alleged above with knowledge ofTrindl's prior right to and use ofthe name
"Krewella," and with willful intent to trade on the goodwill and reputation of the musical group
and the name "Krewella." As such, this case is exceptional under 15 U.S.C. 1117(a)(3), thereby
entitling Trindl to the recovery of his attorneys' fees and the recovery of treble damages pursuant to
15 U.S. C. 1117(b ); and also statutory damages of up to $2,000,000 for each willful use, per mark,
per type of goods or services sold, offered for sale or distributed.
60. Defendants' conduct is causing, and unless enjoined and restrained by this
Court, will continue to cause, Trindl great and irreparable injury that cannot fully be
compensated or measured in money. Trindl has no adequate remedy at law. Trindl is entitled
to a temporary protective order and preliminary and permanent injunctions, prohibiting
61. Defendants and their agents, employees, attorneys and all persons or entities acting in
concert or participation with them from (a) denying that Trindl is an active one-third member of the
LLC Entities and (b) using assets of the LLC Entities, including, without limitation, performing as a
group under the name "Krewella" unless such group is inclusive Trindl's performance.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for the following relief:
1. For general damages in a sum to be proved at trial, but exceeding five million dollars
($5,000,000);
2. For special, punitive, and exemplary damages in an amount to be proved at trial;
3. For a constructive trust imposed on any and all proceeds, profits and other monies
received or collected in connection with any exploitation of the Krewella name, brand, trademark,
16
COMPLAINT
1 and goodwill, including, without limitation, any proceeds, profits, and other monies received or
2 collected in relation to performances, appearances, broadcasts, telecasts, webcasts, merchandise
3 sales, sponsorships, endorsements, appearance fees, ticket sales and any other activity, and any
4 proceeds, profits, and other monies received or collected by Defendants;
5 4. For equitable, preliminary and permanent injunctive relief, including but not limited
6 to an injunction prohibiting Defendants from using the musical group's name, brand and trademark
7 in connection with performances, appearances, tours, broadcasts, telecasts, webcasts, merchandise
8 sales, sponsorships, endorsements, appearance fees, ticket sales and any other activity, except where
9 any and all resulting revenues for such activities are distributed directly to the LLC Entities and then
10 equally split among all three members including Plaintiff;
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5. For a judicial determination and/or declaratory relief, with respect to the parties'
respective rights and obligations, including but not limited to a declaration that Trindl is an active
member of the Krewella Music, LLC and Krewella Live, LLC entities;
6. For pre- and post-judgment interest, at the maximum legal rate;
7. For costs and attorneys' fees;
8. For an accounting establishing the amount due to Trindl for wrongful exploitation of
LLC Entities' assets, including the name Krewella;
9. For statutory damages of up to $2,000,000 for each willful use, per mark, per type of
19 goods or services sold, offered for sale or distributed according to proof at trial;
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For treble damages pursuant to 15 U.S. C. 1117;
For attorneys' fees and costs to' the extent allowed by law or by contract, including
22 pursuant to 15 U. S.C. 1117; and
23 12. For such other relief as the Court may deem proper.
24 Dated: September 29, 20 14
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HALLAM & HOCHBERG, LLP
By:
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COMPLAINT
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DEMAND FOR JURY TRIAL
Plaintiff demands a j ury trial in the above-captioned matter.
Dated: September 29,2014
By:
Attorneys for P
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COMPLAINT