IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF TENNESSEE

NASHVILLE DIVISION

JOHN R. CASH REVOCABLE TRUST, )

)
PLAINTIFF, )
)
V* > CASE NO.

CASH BREWING COMPANY INC., )

)
DEFENDANT. )
)

COMPLAINT

Plaintiff John R. Cash Revocable Trust (“Plaintiff’ or the “Trust”), by its attorneys, Loeb

& Loeb LLP, as and for its Complaint against defendant Cash Brewing Company Inc.

(“Defendant”), alleges as follows:

NATURE OF THE ACTION

1. This is an action for (i) trademark infringement, false designation of origin, and

unfair competition in violation of Sections 32 and 43(a) of the Lanham Act, 15 U.S.C. §§ 1114,

1125(a); (ii) violation of rights of publicity pursuant to the Tennessee Personal Rights Protection

Act (Tenn. Code Ann. § 47-25-1101 et seq.); (iii) unfair competition in violation of the Tennessee

Consumer Protection Act (Tenn. Code Ann. § 47-18-101 et seq.); (iv) and common law trademark

infringement. The Trust owns common law and federally-registered trademarks associated with

the renowned musical artist Johnny Cash. The Trust also owns the full right, title, and interest to

the name, likeness and persona of Johnny Cash.

2. Upon information and belief, Defendant owns and operates a restaurant and

brewery under the name Cash Brewing Company (“CBC”), located in Silverdale, Washington.

Case 3:20-cv-00160 Document 1 Filed 02/24/20 Page 1 of 19 PageID #: 1

Defendant is using and/or has used without authorization the name “Cash Brewing Company” to

draw an express association between Mr. Cash and its business.

3. Defendant’s intentional use of the Cash name in connection with marketing and

promotional activities to draw attention to its business is apparent on several fronts, including:

(i) claims on Defendant’s website (www.cashbrewing.com) and social media pages that

Defendant’s owners are distant relatives of Johnny Cash, and that CBC draws “influence from

their cousin, Johnny Cash”; (ii) Defendant’s promotion and sale of a beer named “The Can in

Black” (a blatant reference to Mr. Cash’s famous moniker, “The Man in Black”) while making

reference to “walking the line” (a blatant reference to Mr. Cash’s famous hit single “I Walk the

Line”); (iii) Defendant’s release of “The Can in Black” beer on September 12 to coincide with Mr.

Cash’s day of passing; (iv) Defendant’s hosting of Johnny Cash “musical tribute” events featuring

Johnny Cash impersonators and promoting CBC’s “The Can in Black” beer also on September 12;

(v) Defendant’s use of plaques featuring musical records as displays to promote its products; (iv)

Defendant’s use of music paraphernalia featuring Johnny Cash; (vii) Defendant’s promotion and

sale of merchandise prominently featuring the CASH mark in a manner that is emphasized in larger

size than surrounding text, including at events that feature Johnny Cash tribute bands; and

(viii) Defendant’s use of an identical font style that mirrors the presentation of “CASH” on Mr.

Cash’s sound recordings.

4. The Trust is charged with the responsibility of ensuring that the name, likeness,

trademarks and other indicia of Johnny Cash are not used in a manner that is likely to cause

confusion or mistake in the marketplace. The Defendant’s use of the name, likeness, and persona

of Johnny Cash is without permission or authorization from the Trust. Defendant’s actions are

likely to confuse consumers as to the origin of Defendant’s goods and/or services by creating the

2
Case 3:20-cv-00160 Document 1 Filed 02/24/20 Page 2 of 19 PageID #: 2
false impression that Defendant is associated with the Trust. Defendant’s actions constitute

trademark infringement pursuant to 15 U.S.C. §§ 1125(a)(1)(A), 1114, and Tennessee common

law. Defendant’s actions also constitute the use and infringement of the name, likeness, and

persona of Johnny Cash for the purposes of advertising and providing goods and services without

the prior consent of the Trust in violation of Tenn. Code Ann. § 47-25-1105(a) and deceptive trade

practices in violation of Tenn. Code Ann. § 47-18-104. In order to protect the aforementioned

rights of the Trust, the Trust is entitled to injunctive relief, an award of damages in an amount to

be determined at trial, and other remedies.

PARTIES

5. The John R. Cash Revocable Trust is a trust established under the laws of the State

of Tennessee with its principal place of business located at 3941 Woodlawn Drive, Nashville,

Tennessee 37205. The trustee for the John R. Cash Revocable Trust is Catherine Sullivan.

6. Upon information and belief, Defendant Cash Brewing Company Inc. is a

Washington corporation with its principal place of business located at 3388 NW Byron Street,

Suite 100, Silverdale, WA 98383.

JURISDICTION AND VENUE

7. This action involves a claim related to federally-registered trademarks under

Section 43(a) of the Lanham Act, codified at 15 U.S.C. §§ 1125(a)(1)(A), 1114, as well as claims

for trademark infringement, violation of the right of publicity, and unfair competition under

Tennessee state law. The state law causes of action arise from a case and controversy concerning

trademarks under the Lanham Act. This Court has subject matter jurisdiction over these claims

under 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331, 1338, and 1367.

3
Case 3:20-cv-00160 Document 1 Filed 02/24/20 Page 3 of 19 PageID #: 3
 8. This Court also has subject matter jurisdiction over the Trust’s state law causes of

action based on diversity of citizenship pursuant to 28 U.S.C. § 1332. There is complete diversity

of citizenship among the parties, and the amount in controversy with respect to each of the Trust’s

state law claims exceeds the sum or value of $75,000, exclusive of interest and costs.

9. This Court has personal jurisdiction over Defendant because its wrongful conduct,

including trademark infringement and violation of the right of publicity, caused injury to the Trust

within the Middle District of Tennessee. The Trust owns the trademarks that Defendant infringed

and owns the publicity rights that Defendant violated. The Trust’s principal place of business is

within this judicial district, therefore the harm alleged occurred here.

10. Defendant has purposefully and systematically sought to associate itself and its

products and services with Johnny Cash, who is strongly associated with the Nashville country

music scene, including by hosting Johnny Cash “tribute” events featuring performances by Johnny

Cash impersonators, and offering and promoting “The Can in Black” beer as Defendant’s “Johnny

Cash beer,” and displaying Johnny Cash music paraphernalia at CBC.

11. Upon information and belief, Defendant has distributed and/or intends to distribute,

directly and/or through affiliated entities, infringing “Cash”-branded products, including beer and

spirits, throughout the United States, including in this judicial district.

12. Based on Defendant’s concerted efforts to profit by its association with Mr. Cash

and the Nashville country music industry, there is more than adequate basis for the Court to

exercise personal jurisdiction over Defendant.

13. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b)(2) because

a substantial part of the events giving rise to the Trust’s claims, including without limitation, the

4
Case 3:20-cv-00160 Document 1 Filed 02/24/20 Page 4 of 19 PageID #: 4
injury caused by Defendant’s infringement and violation of the Trust’s publicity rights, occurred

in this district.

FACTS

A. The Johnny Cash Trademarks and Publicity Rights Owned by the Trust

14. John R. Cash (hereafter, “Johnny Cash”) is one of the most successful and

recognizable recording artists in the history of popular music. He is one of the best-selling music

artists of all time, having sold more than 90 million records worldwide. The breadth and influence

of his work are reflected by, among other things, his induction into each of the Country Music,

Rock and Roll, and Gospel Music Halls of Fame. His death in 2003 has not diminished his fame

and notoriety. He continues to be known, celebrated, and identified around the world as the

legendary “Man in Black.” His life and career are the stuff of pop culture legend and have, in

recent years, been the subject of books, documentaries, and the motion picture “Walk the Line,”

which was named for one of Johnny Cash’s signature songs.

15. The Trust owns all right, title, and interest in and to the marks associated with

Johnny Cash, including, without limitation, statutory and common law rights in and to JOHNNY

CASH®, CASH® and MAN IN BLACK® (the “CASH Trademarks”).

16. The Trust owns several U.S. trademark registrations for the CASH Trademarks

covering a wide variety of products and services including, among others, the following:

Mark Reg. No. Classes

JOHNNY CASH 2,255,134 25
JOHNNY CASH 2,320,174 16
JOHNNY CASH 2,322,903 41
JOHNNY CASH 2,322,904 9
JOHNNY CASH 3,611,476 16
JOHNNY CASH 4,249,139 41
JOHNNY CASH MUSEUM 4,835,881 41
CASH 4,879,389 9

5
Case 3:20-cv-00160 Document 1 Filed 02/24/20 Page 5 of 19 PageID #: 5
 Mark Reg. No. Classes
MAN IN BLACK 5,353,125 16
CASH 5,955,840 25
CASH 5,961,794 9

17. The registrations listed in paragraph 16 are valid, subsisting, in full force and effect.

Several of the registrations are incontestable, including U.S. Registration Nos. 2,255,134;

2,320,174; 2,322,903; 2,322,904; 3,611,476 and 4,249,139, thus serving as conclusive evidence of

the validity of the marks and of the Trust’s exclusive right to use the marks in connection with the

identified goods and services. See Exhibit 1.

18. The Trust also owns several approved U.S. trademark applications for the CASH

Trademarks covering a variety of products and services including, among others, the following:

Mark App. No. Classes

CASH 87/017,570 16
CASH 87/018,222 41
HOUSE OF CASH 87/017,563 16
MAN IN BLACK 87/018,232 41
HOUSE OF CASH 88/411,466 20 21 24
JOHNNY CASH’S 88/412,314 35 43
JOHNNY CASH’S KITCHEN AND 88/412,328 35 43
SALOON

19. True and correct printouts from the United States Patent and Trademark Office

database reflecting the applications listed in paragraph 18 are annexed as Exhibit 2.

20. The Trust also owns all right, title, and interest in the name, likeness, and persona

of Johnny Cash (the “Cash Rights of Publicity”).

21. The Trust has continually engaged in the commercial exploitation of the CASH

Trademarks and the Cash Rights of Publicity since Johnny Cash’s death on September 12, 2003.

The Trust’s extensive use and commercial exploitation of these rights has been in the form of,

6
Case 3:20-cv-00160 Document 1 Filed 02/24/20 Page 6 of 19 PageID #: 6
among other things, the management of an extensive licensing program, involvement in the

licensed operation of the Johnny Cash Museum (located in Nashville, Tennessee), maintenance of

an interactive website “johnnycash.com” including an online store dedicated to selling licensed

Johnny Cash merchandise (CASH Shop), including apparel, hats and drinkware (Exhibit 3), and

the operation of “Johnny Cash’s Kitchen & Saloon,” a restaurant, bar and live music venue located

adjacent to the Johnny Cash Museum in Nashville, Tennessee.

Bo Defendant Unlawfully Seeks to Associate Itself with Johnny Cash

22. Defendant is operating and promoting its restaurant and brewery, and the goods and

services sold and offered in connection therewith, using the name, likeness, and persona of Johnny

Cash, without the Trust’s authorization, to draw an express association between Mr. Cash and

Defendant’s business. Defendant’s conduct constitutes infringement of the CASH Trademarks

and violation of the Cash Rights of Publicity.

23. Defendant owns and operates Cash Brewing Company, a bar and restaurant and

brewery, through which it produces and markets a line of “Cash”-branded beer, and markets and

sells “Cash”-branded merchandise including apparel, hats and barware. (Exhibit 4).

24. Defendant’s conduct evidences an intent to associate itself with Johnny Cash and

trade off of the Cash name and brand the Cash name and the goodwill associated therewith.

25. Defendant has boasted on its website, cashbrewing.com (the “CBC Website”) and

social media pages that Defendant’s owners are distant relatives of Johnny Cash, and that CBC

draws “influence from their cousin, Johnny Cash,” while displaying music paraphernalia featuring

Johnny Cash in the CBC restaurant/brewery and in promoting CBC’s goods and services. (Exhibit

5).

7
Case 3:20-cv-00160 Document 1 Filed 02/24/20 Page 7 of 19 PageID #: 7
 26. Defendant’s marketing and advertising for CBC prominently emphasizes the name

“Cash” and uses a font style that mirrors the presentation of “CASH” on Mr. Cash’s sound

recordings:

Examples of Defendant’s Use:

Case 3:20-cv-00160 Document 1 Filed 02/24/20 Page 8 of 19 PageID #: 8

 Examples of Johnny Cash sound recordings:

27. Defendant has promoted and sold beer under the name “The Can in Black” -

admittedly in reference to Johnny Cash’s well-known moniker, the “Man in Black — through and

in connection with the Cash Brewing Company brewery and restaurant. (Exhibit 6). Defendant’s

advertising for “The Can in Black” beer identifies it as “our Johnny Cash beer,” and “a beer we

produced as a tribute to Johnny Cash,” and refers to “walking the line” and prominently features

guitar silhouettes reminiscent of guitars used by and associated with Mr. Cash.

9
Case 3:20-cv-00160 Document 1 Filed 02/24/20 Page 9 of 19 PageID #: 9
 Examples of Defendant’s Use:

Side-by-side comparison of Defendant’s use (left) and Johnny Cash’s guitar (right)

10
Case 3:20-cv-00160 Document 1 Filed 02/24/20 Page 10 of 19 PageID #: 10
 28. Upon information and belief, Defendant timed its release of “The Can in Black”

beer to coincide with Mr. Cash’s day of passing, September 12. (Exhibit 7)

29. Defendant has hosted Johnny Cash-themed events, including “CASH - A Musical

Tribute” featuring a Johnny Cash impersonator referred to as “The Dan in Black,” featuring CBC’s

“The Can in Black” beer, and billed as “an evening on live music honoring the passing of Johnny

Cash...” on September 12. (Exhibit 7).

30. Defendant markets and sells merchandise prominently featuring the CASH mark in

a manner that is emphasized in larger size than surrounding text, including at events that feature

Johnny Cash tribute bands, and uses plaques featuring musical records as displays to promote its

products. (Exhibit 8).

11
Case 3:20-cv-00160 Document 1 Filed 02/24/20 Page 11 of 19 PageID #: 11
 31. Defendant advertises and promotes CBC and its products and services in interstate

commerce and to the general public through the CBC Website as well as social media accounts,

including a Facebook page (“Cash Brewing Company,” associated with the tag @cashbrewing,

www.facebook.com/cashbrewing); an Instagram account (“cash brewing company”); and a

Linkedln profile for “Cash Brewing Company.”

32. On December 13, 2017, Defendant filed a U.S. trademark application (Serial No.

87/719,387) for the mark THE CAN IN BLACK for beer in Class 32, alleging a date of first use

in commerce of September 10, 2016, which application was granted registration on the

Supplemental Register on May 22, 2018 (Reg. No. 5,477,508) (Exhibit 9). Defendant voluntarily

surrendered that registration in April 2019 following receipt of the Trust’s cease and desist letters.

33. On December April 15, 2016, Defendant filed a U.S. trademark application (Serial

No. 87/002,370) for CASH BREWING COMPANY for hats, shirts, sweatshirts, t-shirts, tank-tops

in Class 25, alleging a date of first use anywhere of April 2, 2013, and a date of first use in

commerce of January 23,2017; and beer in Class 32, alleging a date of first use anywhere of April

2,2013, and a date of first use in commerce of May 3,2015. Defendant’s application was granted

registration with a disclaimer of “Brewing Company,” on March 28, 2017 (Reg. No. 5,173,014)

(Exhibit 10).

34. Upon information and belief, Defendant or an affiliate of Defendant has used or

intends to use the mark CASH DISTILLING COMPANY, and filed a U.S. trademark application

(Serial No. 88/038,622) on or about July 16, 2018 for CASH DISTILLING COMPANY for hats,

shirts, sweatshirts, t-shirts, tank-tops in Class 25, and distilled spirits in Class 33.

35. The Trust served cease and desist letters on Defendant wherein the Trust provided

notice of its rights in and to and ownership of the CASH Trademarks and Cash Rights of Publicity,

12
Case 3:20-cv-00160 Document 1 Filed 02/24/20 Page 12 of 19 PageID #: 12
outlined Defendant’s infringing and wrongful conduct and demanded, among other things, that

Defendant and demanded that Defendant cease its unauthorized use of the CASH Trademarks and

Cash Rights of Publicity, refrain from drawing any further association with Johnny Cash, and

provide an accounting.

36. Defendant has not ceased its unauthorized use of the CASH Trademarks and the

Cash Rights of Publicity.

37. Despite numerous attempts by the Trust to explain why the Trust legally cannot

allow such continued unauthorized use, and good faith efforts by the Trust to obtain Defendant’s

cooperation without the necessity of resorting to litigation, Defendant has refused to cease its

unauthorized conduct.

CAUSES OF ACTION

COUNT I
FEDERAL TRADEMARK INFRINGEMENT

Trademark Infringement, False Designation of Origin, and Unfair Competition in

Violation of Sections 32 and 43(a) of the Lanham Act, 15 U.S.C. §§ 1114,1125(a)

38. The Trust repeats and realleges each of the allegations set forth in paragraphs 1

through 37 above as if fully set forth herein.

39. Defendant’s unauthorized use of the CASH Trademarks in connection with goods

and services that are identical or closely related to goods and services provided or authorized by

the Trust under the CASH Trademarks is likely to cause confusion, mistake or deception among

the consuming public as to the source of Defendant’s products and services, or result in the belief

that Defendant or its products or services is legitimately connected with, sponsored, licensed or

otherwise approved by the Trust. Consumers are likely to be misled into believing that

13
Case 3:20-cv-00160 Document 1 Filed 02/24/20 Page 13 of 19 PageID #: 13
Defendant’s products or services are licensed by, sponsored by, approved by, or otherwise

associated with the Trust.

40. Defendant was on both actual and constructive notice of the Trust ’ s exclusive rights

in the registered CASH Trademarks prior to its unauthorized and unlawful use of the CASH

Trademarks.

41. On information and belief, Defendant has acted with full knowledge of the Trust’s

use of, and statutory and common law rights in and to, the CASH Trademarks, and without regard

to the likelihood of confusion of the public created by those activities. Defendant’s use of the

CASH Trademarks is willful, in bad faith, and with full knowledge of the goodwill and reputation

associated with the CASH Trademarks, and with full knowledge that Defendant has no right,

license, or authority to use the CASH Trademarks or any other mark confusingly similar thereto.

42. These acts of Defendant constitute false designation of origin in violation of 15

U.S.C. § 1125(a).

43. Defendant also has engaged in common law unfair competition.

44. Defendant has made and is making false representations, false descriptions, and

false designations of origin of Defendant’s products and services in violation of 15 U.S.C.

§ 1125(a) that are causing and, unless enjoined by this Court, will continue to cause a likelihood

of confusion and deception of members of the consuming public and to injure the Trust’s good

will and reputation as symbolized by the CASH Trademarks.

45. Defendant’s acts are intended to reap the benefit of the valuable goodwill associated

with the CASH Trademarks that belongs to the Trust and constitute infringement of the Trust’s

federally registered trademarks in violation the Trademark Laws of the United States, 15 U.S.C.

§1114(1).

14
Case 3:20-cv-00160 Document 1 Filed 02/24/20 Page 14 of 19 PageID #: 14
 46. Defendant’s conduct has caused and is causing immediate and irreparable injury to

the Trust and, unless enjoined by this Court, will continue to both damage the Trust and deceive

the public. The Trust has no adequate remedy at law.

47. Pursuant to 15 U.S.C. § 1116, the Trust seeks a preliminary and permanent

injunction against further trademark infringement by Defendant.

48. Defendant’s acts of trademark infringement have damaged the Trust in an amount

to be determined at trial. Pursuant to 15 U.S.C. § 1117, the Trust is entitled to, among other things,

seek Defendant’s profits, actual damages, and costs of this action and such additional relief as may

be deemed appropriate and awarded by this Court.

49. Defendant’s acts of trademark infringement have been and continue to be deliberate

and willful and warrant an award of enhanced damages. Accordingly, the Trust is entitled to and

seeks a finding that this case is exceptional and warrants an award of treble damages and attorneys’

fees pursuant to 15 U.S.C. § 1117.

COUNT II
VIOLATION OF RIGHT OF PUBLICITY - Tenn. Code Ann. S 47-25-1101 et seq.
Tennessee Personal Rights Protection Act

50. The Trust repeats and realleges each of the allegations set forth in paragraphs 1

through 49 above as if fully set forth herein.

51. The facts set forth herein establish that Defendant has used or infringed the Cash

Rights of Publicity without the Trust’s consent and continues to knowingly do so.

52. Defendant’s conduct includes, without limitation, using the name and likenesses of

Johnny Cash as items of commerce for purposes of advertising products, merchandise, goods, or

services without the consent of the Trust in violation of Tenn. Code. Ann. § 47-25-1105.

53. Defendant has profited by its knowing violation of the Cash Rights of Publicity.

15
Case 3:20-cv-00160 Document 1 Filed 02/24/20 Page 15 of 19 PageID #: 15
 54. Defendant’s actions in violation of the Cash Rights of Publicity have directly and

proximately caused the Trust to suffer financial harm in an amount to be determined at trial.

55. Defendant’s actions in violation of the Cash Rights of Publicity have also caused

the Trust to suffer irreparable and ongoing harm.

COUNT III
UNFAIR COMPETITION - Tenn. Code Ann. S 47-18-101 et seq.
Tennessee Consumer Protection Act

56. The Trust repeats and realleges each of the allegations set forth in paragraphs 1

through 55 above as if fully set forth herein.

57. As alleged herein, Defendant has knowing and willfully engaged in unfair and

deceptive acts or practices in violation of Tenn. Code Ann. § 47-18-104 for reasons including, but

not limited to the following: (i) causing likelihood of confusion or misunderstanding as to the

source, sponsorship, approval or certification of goods or services offered by Defendant;

(ii) causing likelihood of confusion or misunderstanding as to affiliation, connection or association

with the Trust; (iii) using deceptive representations or designations of origin in connection with

Defendant’s goods or services.

58. Defendant’s unfair and deceptive acts have been the direct and proximate cause of

damages suffered by the Trust in an amount to be determined at trial.

59. Defendant has engaged in the unfair and deceptive acts described herein willfully

and knowingly, entitling the Trust to an award of treble damages pursuant to Tenn. Code Ann.

§47-18-109.

16
Case 3:20-cv-00160 Document 1 Filed 02/24/20 Page 16 of 19 PageID #: 16
 COUNT IV
COMMON LAW TRADEMARK INFRINGEMENT

60. The Trust repeats and realleges each of the allegations set forth in paragraphs 1

through 59 above as if fully set forth herein.

61. The Trust owns common law trademark rights in the CASH Trademarks.

62. Defendant’s continued unauthorized use of CASH and CASH BREWING

COMPANY as described above is likely to cause confusion or mistake or deception to purchasers

as to the source of Defendant’s products and services and constitutes trademark infringement with

respect to the Trust’s common law trademark rights in and to the CASH Trademarks.

63. As a direct and proximate result of Defendant’s wrongful conduct, the Trust has

suffered pecuniary damage and irreparable harm.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court enter judgment as follows:

(a) That Defendant and its officers, agents, employees, attorneys, successors,

assigns, corporations, or companies under their control, and all other persons in

active concert and/or participation with Defendant, be permanently enjoined

from engaging in the acts of trademark infringement complained of herein,

including without limitation use of CASH BREWING COMPANY, CASH

DISTILLING COMPANY, THE CAN IN BLACK, and any other confusingly

similar mark;

(b) That Defendant be ordered to pay damages to Plaintiff in an amount to be

determined at trial;

17
Case 3:20-cv-00160 Document 1 Filed 02/24/20 Page 17 of 19 PageID #: 17
 (c) That Defendant be ordered to pay treble damages pursuant to Section 35 of the

Lanham Act, 15 U.S.C. § 1117 and Tenn. Code Ann. § 47-18-109, based upon,

inter alia, Defendant’s willful infringement and other misconduct;

(d) That Defendant be ordered to provide an accounting of all revenue received

from the sale of products and services resulting from the acts of trademark

infringement complained of herein and that Defendant pay all profits received

by it, as well as any other damages suffered by Plaintiff as a result of

Defendant’s actions;

(e) That Defendant’s acts of trademark infringement are deliberate and willful, that

this is an exceptional case, and that Plaintiff be awarded enhanced damages,

attorneys’ fees for this action, and costs of court;

(f) That Defendant be ordered to assign to the Trust U.S. Trademark Registration

No. 5,173,014 for the mark CASH BREWING COMPANY;

(g) That Defendant cause to be assigned to the Trust U.S. Trademark Application

88/038,622 for the mark CASH DISTILLING COMPANY, or any registrations

issuing therefrom;

(h) That Plaintiff be awarded all applicable legal and equitable remedies pursuant

to Tenn. Code Ann. § 47-25-1106 based upon Defendant’s knowing violation

of the Cash Rights of Publicity, including (without limitation) injunction,

impoundment, damages, and disgorgement of profits;

(i) That Plaintiff be awarded prejudgment and post judgment interest; and

18
Case 3:20-cv-00160 Document 1 Filed 02/24/20 Page 18 of 19 PageID #: 18
 (j) For such other and further relief to which Plaintiff shows themselves to be justly

entitled.

Dated: Nashville, Tennessee

February 24, 2020

R. Cameron Caldwell (BPR No. 29084)

Derek C. Crownover (BPR No. BPR No. 16650)
35 Music Square East, Suite 310
Nashville, TN 37203
Tel: 615.749.8300
Fax: 615.749.8308
ccaldwellfeloeb.com; dcrownoverfe loeb.com

Barry I. Slotnick (pro hac vice application

forthcoming)
Sara J. Crisafulli (pro hac vice application
forthcoming)
345 Park Avenue
New York, New York 10154
Tel: 212.407.4000
Fax: 212.407.4990
bslotnick:g loeb.com; scrisafullifeloeb.com

Attorneys for Plaintiff

John R. Cash Revocable Trust

18662542.4

Case 3:20-cv-00160 Document 1 Filed 02/24/20 Page 19 of 19 PageID #: 19