Fifty-Six v Avela (Bob Marley ROP) (Jury Verdict)

8/7/2019 Fifty-Six v Avela (Bob Marley ROP) (Jury Verdict)

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7. , yjuEo1AN 2 1 2011

1 OLZBK U G DIW RCCT COURTDliTil'r OF NEVADA' gy DEPUTY234 UNITED STATES DISTRICT COURT5 DISTRICT OF NEVADA6 * **)7 FIFTY-SIX HOPE ROAD MUSIC, LTD. a) 2:08-CV-0015-PMP-GWFBahamian corporation; and ZION )8 ROPTSWEAR, LLC, a Florida limited )iabllity company, )9 ) VERDICT)l 0 Plaintiffs, ))11 vs. ))12 A.V E.L.A INC. a Nevada corporation; X)oxk x Mvlc iRcHl os Ix w:ua )13 Nevaja cqrporation; JEM SPORTSWEAR, )a Callforma corporation; CENTRAL )14 M ILLS, INC. (Freezelaa NewYork )orpqration; and LEO VM ENCIA, an )l 5 lndlvldual, ))l 6 )Defendants. )l 718 We, thejury in the above-entitled case, find the following special verdictl 9 on the questions submitted to us:20 A. Plaintiffs' Claim of Unfair Com petition2 1 1 . Do you 5nd that Plaintiffs have established by a preponderance of the22 evidence that Bob M arley's identity or persona is a valid and23 protectabl right?24 N Yes No25 lf you answered Yes to, go to Question 2. lf you answered No, go to2 6 Question 6.

Case 2:08-cv-00105-PMP-GWF Document 301 Filed 01/21/11 Page 1 of 8


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l 2. Do you find that Plaintiffs have established by a preponderance of the2 evidence that Plaintiffs own a valid right in Bob M arley's identity or3 person .4 N Yes No5 If you answered YES, go to Question 3. If you answered No, go to6 Question 6.78 3. Do you find that Plaintiffs have established by a preponderance of the9 evidence that Defendants' use of Bob M arley's identity or persona is10 likely to cause confusion, or to cause mistake, or to deceive as to the11 affiliation, colmection, or association between Plaintiffs and12 Defendants, or as to Plaintiffs' participation in the origin,13 sponsorship, endorsem ent, or approval of Defendants' goods or14 comm ercial activities?15 Defend A .V .E.L.A ., lnc.:l 6 Y es No17 Defend X One X M ovie Archive, 1nc.:18 Y es No19 Defend Leo Valencia:20 Y es No2 l D efend JEM Sportswear:22 Y es No23 Defend t Central M ills, lnc. (Freeze):24 Y es No25 lf you answered Yes as to any Defendant, go to Question 4. lf you2 6 answered No as to each Defendant, go to Question 6.

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1 4. Do you tind that Defendants have established by a preponderance of2 the evidence that Defendants made fair use of Bob M arley's identity3 or persona?45 Defendant A.V.E.L.A., lnc.:6 Yes N o7 Defendant X One X M ovie Archive, Inc.:8 Yes N o9 Defendant Leo V alencia:10 Yes N ol 1 Defendant JEM Sportswear:12 Yes N o13 Defendant Central Mills, Inc. (Freeze):14 Yes N ol b lf you answered Yes as to a11 Defendants, go to Question 6. If you answeredl 6 No as to any Defendant, go to Question 5.l 7 ///l 8 ////1 9 ///2 C) ///2 l ///2 2 ///2 3 ///2 4 ///2 5 ///2 6 ///

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l 5. lf you answered Yes with respect to any or all Defendants in Question2 3, and you answered No as to the same Defendant or Defendants in3 Question 4, please answer the following question. Do you find that4 Plaintiffs have established by a preponderance of the evidence that5 Defendants used Bob M arley's identity or persona willfully?67 Defend A.V.E.L.A., lnc.:8 Y es N o9 Defenda X One X M ovie Archive, 1nc.:10 Y es N o11 Defend t Leo Valencia:12 Y es N o13 Defenda JEM Sportswear:14 Y es N o

15 Defenda Central Mills, lnc. (Freeze):16 Yes No17 Go to Question 6.l 8 ///l 9 ///2 O ///2 1 ///2 2 ///2 3 ///2 4 ///2 5 ///2 6 ///

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234

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B. Plaintils' Claim of Intentional lntederence W ith ProspectiveBusiness Relationships6. Do you find that Plaintiffs have established by a preponderance of the

evidence that Plaintiffs had an expectancy of a business relationshipwith a third party with the probability of future econom ic benefit forPlaintiff .

Y es N olf you answered Yes, go to Question 7. lf you answered No, go to the end,and sign and date the verdict form .

Do you find that Plaintiffs have established by a preponderance of theevidence that Defendants knew or should have known of Plaintiffs'expectancy at the time Defendants committed the acts complained ofp

Defend A.V.E.L.A., lnc.:Yes N o

Defend X One X M ovie Archive, Inc.:Y es N o

Defend t Leo Valencia:Yes N o

Defend t JEM Sportswear:Y es N o

Defen nt Central Mills, lnc. (Freeze):Yes No

lf you answered Yes as to any Defendant, go to Question 8. lf you answeredNo as to each D efendant, go to the end, and sign and date the verdict form .

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1 8. Do you find that Plaintiffs have established by a preponderance of the2 evidence that Defendants intended to hann Plaintiffs by preventing3 the prospective business relationship?45 Defend t A.V.E.L.A., lnc.:6 Yes No7 Defend t X One X M ovie Archive, 1nc.:8 Yes No9 Defend t Leo Valencia:10 Yes No11 Defend t JEM Sportswear:12 Y es ' N o13 Defend t Central Mills, Inc. (Freeze):14 Yes No1516 lf you answered Yes as to any Defendant, go to Question 9. lf you answeredl 7 No as to each Defendant, go to the end, and sign and date the verdict form .l 8 ///1 9 ///2 0 ///2 1 ///2 2 ///2 3 ///2 1 /Vz 5 ///2 6 ///

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l 9. Do you find that Plaintiffs have established by a preponderance of the2 evidence that Defendants had no privilege orjustification for3 preventing the prospective business relationship?4) Defend t A.V.E.L.A., lnc.:6 Y es N o7 Defend t X One X M ovie Archive, 1nc.:8 Y es N o9 Defend t Leo Valencia:10 Yes No11 Defendant JEM Sportswear:12 Yes Nol 3 Defendant Central Mills, lnc. (Freeze):l 4 Y es N o

15 lf you answered Yes as to any Defendant, go to Question 10. lf you answered16 No as to each D efendant, go to the end, and sign and date the verdict fonn.l 7 ///l 8 ///l 9 ///2 O ///2 1 ///2 2 ///2 3 ///2 4 ///2 5 ///2 6 ///

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10. Do you find Plaintiffs have established by a preponderance of theevidence that Plaintiffs suftred damage as a result of Defendantspreventing the prospective business relationship?Defenda A.V.E.L.A., Inc.:

YesDefenda X One X M ovie Archive, Inc.:

Yes No

No

8 Defend t Leo Valencia:Yes

Defendant JEM Sportswear:Yes

Defendant Central M ills, lnc. (Freeze):

No

No

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1516

Y es Nolf you answered Yes as to any Defendant, go to Question 1 1. lf you said Noas to each Defendant, go to the end, and sign and date the verdict form.

1 1 . W hat do you tind to be the total am ount of damages, if any, suffered1819

by Plaintiffs for Plaintiffs' intentional interference with businessrelationships claim?

D?Sign and date the verdict form .

23 o/al t/zo l4 DATED: #' 4


Fifty-Six v Avela (Bob Marley ROP) (Jury Verdict)

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