Amethyst Kelly

Case 2:14-cv-07263-BRO-SH Document 36 Filed 12/16/14 Page 1 of 8 Page ID #:390
1
2
3
4
5
6
7
8
9
10
Joseph E. Porter III (SBN 51350)

206 3rd Street
Seal Beach, California 90740
Telephone: (562) 493-3940
Facsimile: (562) 493-3670
Email: porter3law@aol.com
Harry E. Douglas IV (SBN 136877)
LAW OFFICES OF HARRY E. DOUGLAS IV
5482 Wilshire Boulevard, Suite 1600
Los Angeles, California 90036
Telephone: (213) 537-5070
Facsimile: (213) 927-3660
Email: hed4law@yahoo.com
Attorneys for Defendants,
James Edward McMillan
UNITED STATES DISTRICT COURT
11
CENTRAL DISTRICT OF CALIFORNIA
12
13
14
AMETHYST KELLY, professionally

known as IGGY AZALEA
15
Plaintiff,
16
17
18
19
20
21
22
23
24
25
26
27
28
vs.
PRIMCO MANAGEMENT, INC, a
Deleware corporation; ESMG INC.,
a Nevada corporation; TOP SAIL
PRODUCTIONS, LLC a California
limited liability company;
MAURICE WILLIAMS a/k/a MAURICE
LASEL a/k/a Nuwine a/k/a Wine-O
a/k/a Hefe Wine a/k/a ENZO
WEINBERG a/k/a ENZO VALIDO
WEINBERG, doing business as
WINE ENTERPRISES, INC.a/k/a
wineenterprises inc. an
unknown entity, JAMES EDWARD
MCMILLAN, doing business as MAKE
MILLIONS MUSIC, INC. a
dissolved New York corporation;
and DOES 3 to 10,
) CASE NO. CV -14-7263-BRO-SH

)
)
) CROSS-COMPLAINT FOR DECLARATORY
) JUDGMENT
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Defendants.
________________________________ )
)
)
)
-1-
__________________________________________________________________
CROSS-COMPLAINT FOR DECLARATORY RELIEF
1
2
3
4
5
6
7
8
9
10
JAMES EDWARD MCMILLAN
)
)
Cross-Complainant,
)
)
vs.
)
)
AMETHYST KELLY professionall
)
known as IGGY AZALEA; ISLAND
)
RECORDS, a Division of UNIVERSAL )
MUSIC GROUP, INC., a Delaware
)
corporation; SONY/ATV MUSIC
)
PUBLISHING LLC, a limited
)
liability company; SONY/ATV
)
MUSIC PUBLISHING ACQUISITION,
)
INC., a Delaware corporation,
)
and Does 1 through 10, inclusive
________________________________
11
Cross-Complainant, James Edward McMillan (hereinafter
12
13
14
referred to as McMillan) hereby files his cross-complaint as

follows:
PARTIES
15
16
17
18
19
20
21
22
23
24
25
26
27
1.
Cross-Complainant McMillan is an individual, and a resident
in the state of New York.

2.
Cross-Complainant McMillan does business as Make Millions
Music Inc. with respect to the acquisition and exploitation of

intellectual property rights in the entertainment industry.
3.
Defendant, Amethyst Kelly, professionally known as Iggy
Azalea (hereinafter referred to as Azalea)is a musical recording

artist, and cross-complainants are informed and believe Azalea
is an individual, resident in the County of Los Angeles, State of

California.
4.
Cross-Defendant, Island Records, is a division of Universal
Music Group, Inc. (hereinafter referred to as Island), which is
28
-2-
__________________________________________________________________
a Delaware corporation with headquarters in the city of Santa
Monica, County of Los Angeles, State of California.(Island
5. Cross-Defendant, Sony/ATV Music Publishing, LLC, is a
limited liability company admitted and authorized to conduct
business in the State of California, and with offices in the
County of Los Angeles, State of California.
6. Defendant, Sony/ATV Music Publishing Acquisition, Inc., is a
Delaware corporation, admitted and authorized to conduct business
in the State of California, and with offices in the County of Los
10
Angeles, State of California. (Collectively, Sony/ATV Music
11
Publishing, LLC and Sony/ATV Music Publishing Acquisition, Inc.
12
shall be called the Sony/ATV Defendants)
13
JURISDICTION AND VENUE
14
7. Cross-complainant, McMillan alleges that jurisdiction in
15
this court is proper under 28 U.S.C. 1338(a), as it is an action
16
arising under Acts of Congress relating to copyrights namely, the
17
Copyright Act of 1976, 17 U.S.C. 101 et seq. and pursuant to the
18
Lanham Act, 15 U.S.C 1121.
19
under the Declaratory Judgment Act, 28 U.S.C. 2201-2202.
20
8.
This Court also has jurisdiction
Venue is proper in this district pursuant to 28 U.S.C.
21
1400(a) and 1391 (b) and (c), as the Cross-Defendant, Azalea
22
Defendant, is an individual resident in the District, and the
23
Sony/ATV Defendants are subject to personal jurisdiction in this
24
district, and are therefore deemed to reside here for purposes of
25
venue.
26
//
27
//
28
//
-3-
__________________________________________________________________
1
2
BACKGROUND
9.
Cross-Defendant Azalea after signing a recording contract
and transferring the masters to certain recordings under that
contract, is now in a self serving and hypocritical manner
claiming her signature is a forgery in an attempt to set aside a
contract pursuant to which Cross-complainant, McMillan seeks to
exploit the masters governed by that contract.
8
9
10.
Cross-complainant is informed and believes and thereon
alleges that for a period of at least a year, Maurice Williams
10
(herein after Williams), the President of Wine Enterprises, Inc.
11
nurtured and developed the musical talents of Azalea as she was
12
attempting to enter into the music industry.
13
11.
Cross-complainant is further informed and believes that
14
during the period in which Williams was developing Azaleas
15
career, he introduced her to Kareem Chapman (herein after
16
Chapman) of Grand Hustle Entertainment, the business entity
17
through which multi-platinum recording artist T.I. produces and
18
distributes his recordings.
19
12.
Cross-complainant alleges that after more than a year of
20
working with, developing, and shepherding Azalea through her
21
career, on February 14, 2009, Cross-defendant, Azalea, entered
22
into a written recording contract (The Azalea Recording
23
Contract) with Wine Enterprises, Inc., whose president is
24
Williams.
25
attached hereto as Exhibit 1.
26
13.
A true and correct copy of the recording contract is
27
pursuant the terms of the Azalea Recording Contract, cross-
28
defendant, Azalea, agreed to among other things, (1) produce one

-4-
__________________________________________________________________
album for Wine Enterprises in each contract term of twelve months
for a period of four (4) contract terms(Contract pg.#2); (2)
deliver one album of master recordings to Wine Enterprises in each
contract term(Contract pg.#4); (3) execute and transfer to Wine
Enterprises any and all copyrights to the master recordings
delivered pursuant to the contract(Contract pg.#7); (4) allow Wine
Enterprises to the use her then current and any future
professional name in connection with the master recordings
delivered pursuant to the contract(Contract pg#8); and (5) appear
10
in any audio-visual recording produced by Wine Enterprises related
11
to the compositions (Contract pg#16).
12
14.
13
alleges that during the initial term of the Azalea Recording
14
Contract, Azalea delivered certain master recordings to Wine
15
Enterprises, including but not limited to the compositions titled
16
Take My Picture, Daddy (U Aint My Daddy), Them Song, G4 or
17
Greyhound and Mars. (hereafter referred to as the Assigned
18
Compositions)
19
15.
Cross-complainant further alleges that in or about March
20
14, 2012, Wine Enterprises, Inc. transferred all right, title, and
21
interest in and to the rights granted it by cross-defendant
22
Azalea, to cross-complainant, McMillan. A true and correct copy of
23
the Wine Enterprises Inc assignment to cross-complainant is
24
attached hereto as Exhibit 2.
25
16.
Cross-defendant, Azalea, now claims that she did not in
26
fact sign the Azalea Recording Contract, and seeks to reclaim all
27
her purported rights in the Assigned Compositions.
28
-5-
__________________________________________________________________
17.
alleges cross-defendant Azalea has entered into certain contracts
and agreements with Cross-defendant Island Records, related to the
production and distribution of certain master recordings of
Azalea.
18.
cross-defendant Island Records is threatening to take action to
prevent cross-complainant from exploiting cross-complainants
rights in the Assigned Compositions.
10
19.
11
alleges cross-defendant Azalea has entered into certain contracts
12
and agreements with Cross-defendant Sony/ATV, related to the
13
exploitation of her copyrights in certain compositions.
14
20.
15
cross-defendant Sony/ATV is threatening to take action to prevent
16
cross-complainant from exploiting cross-complainants rights in the
17
Assigned Compositions.
18
FIRST CAUSE OF ACTION
19
(Declaratory Judgment Copyright Non-Infringement Against All
20
Cross-Defendants)
21
21.
Cross-complainant realleges and incorporates by
22
reference each and every allegation contained in Paragraphs 1
23
through 20, inclusive, of the Cross-complaint as though set forth
24
in full.
25
22.
An actual and justiciable controversy has arisen and now
26
exists between cross-complainant, McMillan, and Azalea, Island
27
Records, and Sony/ATV concerning their respective rights related
28
to the exploitation of the Assigned Compositions, the copyrights

-6-
__________________________________________________________________
related to the Assigned Compositions, the use of the name Iggy
Azalea related the Assigned Compositions, and the use of Azaleas
image and likeness related to the Assigned Compositions.
23.
Cross-complainant, McMillan, seeks a judicial
determination and declaration of the parties respective rights to
exploit the master recordings of the Assigned Compositions, their
respective rights to the copyrights in the Assigned Compositions,
their rights to use the image and likeness of Azalea, and the
their rights to the use of
10
11
Azaleas current professional name,
Iggy Azalea.
24.
Cross-complainant is entitled to a judicial
12
determination of his rights to the Assigned Compositions, and that
13
his exploitation of the Assigned Composition does not constitute
14
copyright infringement, the use of the name Iggy Azalea does not
15
constitute trademark infringement, and the use of Azalea name and
16
likeness related to the Assigned Compositions does not constitute
17
a misappropriation.
18
19
20
21
PRAYER FOR RELIEF

WHEREFORE, cross-complainant, James Edward McMillan, pray for
Judgment as follows:
1. A declaratory judgment that cross-complainant McMillan may
22
exploit the Assigned Compositions, owns the copyrights in
23
the Assigned Compositions, may use the name Iggy Azalea in
24
the marketing of the Assigned Compositions, and may use her
25
image and likeness related to the Assigned Compositions.
26
2. That Defendants be awarded their costs and attorneys fees;
27
and
28
-7-
__________________________________________________________________
3. For such other and further relief as the Court deems just
2
3
and proper.
Dated:
December 15, 2014.
LAW OFFICES OF
HARRY E. DOUGLAS IV
4
5
6
__/s/Harry E. Douglas IV __
Harry E. Douglas IV, Esq.
Attorneys for Cross-Complainant
James Edward McMillan
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-8-
__________________________________________________________________

Amethyst Kelly

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Amethyst Kelly

Uploaded by

Copyright:

Available Formats

Case 2:14-cv-07263-BRO-SH Document 36 Filed 12/16/14 Page 1 of 8 Page ID #:390

Joseph E. Porter III (SBN 51350)

CENTRAL DISTRICT OF CALIFORNIA

AMETHYST KELLY, professionally

) CASE NO. CV -14-7263-BRO-SH

Case 2:14-cv-07263-BRO-SH Document 36 Filed 12/16/14 Page 2 of 8 Page ID #:391

JAMES EDWARD MCMILLAN

referred to as McMillan) hereby files his cross-complaint as

Cross-Complainant McMillan is an individual, and a resident

in the state of New York.

Cross-Complainant McMillan does business as Make Millions

Music Inc. with respect to the acquisition and exploitation of

Defendant, Amethyst Kelly, professionally known as Iggy

Azalea (hereinafter referred to as Azalea)is a musical recording

is an individual, resident in the County of Los Angeles, State of

Cross-Defendant, Island Records, is a division of Universal

Music Group, Inc. (hereinafter referred to as Island), which is

Case 2:14-cv-07263-BRO-SH Document 36 Filed 12/16/14 Page 3 of 8 Page ID #:392

a Delaware corporation with headquarters in the city of Santa

Monica, County of Los Angeles, State of California.(Island

5. Cross-Defendant, Sony/ATV Music Publishing, LLC, is a

limited liability company admitted and authorized to conduct

business in the State of California, and with offices in the

County of Los Angeles, State of California.

6. Defendant, Sony/ATV Music Publishing Acquisition, Inc., is a

Delaware corporation, admitted and authorized to conduct business

in the State of California, and with offices in the County of Los

Angeles, State of California. (Collectively, Sony/ATV Music

Publishing, LLC and Sony/ATV Music Publishing Acquisition, Inc.

shall be called the Sony/ATV Defendants)

JURISDICTION AND VENUE

7. Cross-complainant, McMillan alleges that jurisdiction in

this court is proper under 28 U.S.C. 1338(a), as it is an action

arising under Acts of Congress relating to copyrights namely, the

Copyright Act of 1976, 17 U.S.C. 101 et seq. and pursuant to the

Lanham Act, 15 U.S.C 1121.

under the Declaratory Judgment Act, 28 U.S.C. 2201-2202.

This Court also has jurisdiction

Venue is proper in this district pursuant to 28 U.S.C.

1400(a) and 1391 (b) and (c), as the Cross-Defendant, Azalea

Defendant, is an individual resident in the District, and the

Sony/ATV Defendants are subject to personal jurisdiction in this

district, and are therefore deemed to reside here for purposes of

Case 2:14-cv-07263-BRO-SH Document 36 Filed 12/16/14 Page 4 of 8 Page ID #:393

Cross-Defendant Azalea after signing a recording contract

and transferring the masters to certain recordings under that

contract, is now in a self serving and hypocritical manner

claiming her signature is a forgery in an attempt to set aside a

contract pursuant to which Cross-complainant, McMillan seeks to

exploit the masters governed by that contract.

Cross-complainant is informed and believes and thereon

alleges that for a period of at least a year, Maurice Williams

(herein after Williams), the President of Wine Enterprises, Inc.

nurtured and developed the musical talents of Azalea as she was

attempting to enter into the music industry.

Cross-complainant is further informed and believes that

during the period in which Williams was developing Azaleas

career, he introduced her to Kareem Chapman (herein after

Chapman) of Grand Hustle Entertainment, the business entity

through which multi-platinum recording artist T.I. produces and

distributes his recordings.

Cross-complainant alleges that after more than a year of

working with, developing, and shepherding Azalea through her

career, on February 14, 2009, Cross-defendant, Azalea, entered