United States District Court, N.D. Ohio, Eastern Division
MEMORANDUM OF OPINION AND ORDER
A. BARKER U.S. DISTRICT JUDGE.
se Plaintiff Donell Mitchell filed this action on behalf
of himself and Spring Break LLC against 220 Records LLC,
Maurie Lemaine Nunn, Demcas LLC and STS Media LLC. He alleges
Nunn used an image and logo for Rap Phenomenons without
permission and breached a contract with Spring Break LLC and
King of Hip Hop LLC. He asserts claims for trademark
infringement, copyright infringement, and breach of contract.
He seeks injunctive relief and monetary damages.
Complaint is very disjointed, and difficult to follow. Adding
to the confusion is the sheer complexity of the various
corporate entities mentioned in the Complaint.
on filings with the Ohio Secretary of State, it appears
Spring Break LLC (“Spring Break”) was
incorporated in April 2008 by Elizabeth Reyes, aka Elizabeth
Reyes Large or Elizabeth Large (“Reyes-Large”).
Spring Break registered the tradename Large Bonds in
September 2006 with Reyes-Large as the statutory agent.
Mitchell, however, indicates Reyes-Large was only an employee
of Spring Break, and contends she was fired in 2016. Mitchell
also alleges that Nunn was also involved with Reyes-Large in
the creation of Large Bonds. Mitchell does not explain how
Nunn was involved or what occurred, if anything, to terminate
that relationship. Spring Break is still an active LLC with
Reyes-Large as the statutory agent, although a corporate
filing indicates that the Mitchell Family Trust may have an
interest in the limited liability corporation.
Personal Injury Network LLC (“Personal Injury
Network”) was incorporated by Mitchell in November
2015. Personal Injury Network then incorporated City Bonding,
LLC (“City Bonding”) in June 2018.
Break allowed the tradename Large Bonds to expire in 2014 and
it was cancelled. Personal Injury Network picked up the Large
Bonds registration in 2016. In May 2019, Personal Injury
Network through City Bonding, registered the tradename Large
Bail Bonds Company.
King of Hip Hop LLC (“King of Hip Hop”) was
incorporated in 2011 by Reyes-Large and Mitchell. King of Hip
Hop registered the tradename 24 Hour Bail Bonds in November
2015. In September 2019, King of Hip Hop allowed City Bonding
to register the 24 Hour Bail Bonds tradename.
of 2008, Maurie and Debra Nunn incorporated Demcas, LLC
(“Demcas”). Demcas registered the tradename 220
Bail Bonding in June 2010, and the tradename Phenom Sports in
September 2015. In January 2008 Maurie Nunn and Alan Bowles
incorporated STS Media LLC as an independent recording label.
Nunn and Bowles incorporated 220 Records LLC in May 2008.
2006, Mitchell obtained federal copyright and trademark
registrations for the name and logo of Rap Phenomenon. He
indicates he transferred those registrations to Spring Break
in March 2008. Mitchell contends that in 2009, Nunn and STS
Media used the Rap Phenomenon logo on the Large Bonds Youtube
page without permission. He indicates Nunn, STS Media LLC and
220 Records LLC used the Rap Phenomenon logo on a flyer in
2019 without permission.
also alleges, without explanation, that Nunn used his
marketing company, STS Media to duplicate and advertise the
Large Bonds registered logo on the Large Bonds YouTube page.
He states that the acts of Nunn, Demcas LLC, 220 Records and
STS Media LLC constitute copyright and trademark infringement
and unless they are enjoined, Mitchell and Spring Break LLC
will suffer injury.
Mitchell asserts two claims for breach of contract. He
alleges that in 2010, Nunn entered into a contract with
Spring Break to act as an independent contractor to write
bonds for Large Bonds. He contends the terms of the contract
allow both Large Bonds and 24 Hour Bail Bonds Company, which
at that time was owned by King of Hip Hop, to have authority
over Nunn's contracts with respect to issuing bail bonds.
He claims Nunn breached that agreement by using Demcas, STS
Media and 220 Records, but he does not allege in what
capacity Nunn utilized these limited liability corporations.
Mitchell also claims without explanation that Nunn breached a
fugitive recovery and surety bail contract with Spring Break
in December 2015.
seeks an injunction preventing the Defendants from using the
Rap Phenomenon copyrighted and trademarked name and logo, to
cease acts that may deceive others into believing Mitchell or
Spring Break are affiliated with or sponsor Defendants'
products, to prevent Defendants from infringing on the Spring
Break, Phenomenon, and Large Bonds ...