Les Ballets Trockadero de Monte Carlo, Inc. v. Trevino

Les Ballets Trockadero de Monte Carlo, Inc. (Trock) (plaintiff) was an all-male satirical ballet troupe that performed throughout the United States and abroad under the registered service marks “Les Ballets Trockader de Monte Carlo,” “Trocks,” and “Trockadero.” ZAK Corporation and its owner, Zak, had the exclusive right to promote and schedule performances for the Trocks in Japan, their largest market. Zak later formed International Promotion for Music (IPM) (defendant) as a New York corporation in order to extend his business operations and to create a New York presence. IPM retained Victor Trevino (defendant), a former Trocks ballet dancer, to help organize an all-male satirical ballet troupe to compete with the Trocks. Trevino recruited the individual defendant dancers, negotiated their contracts, organized music for their performances, ordered the costumes and sets, and selected the ballets to be performed, all in the United States. Zak and Trevino selected “Les Ballets Torokka de Russia” (Torokka) as the name for their new troupe and made plans for a Torokka winter tour in Japan, while claiming to the Trocks that he could not obtain bookings for them in Japan during the same period. The Trocks initiated suit to enjoin use of the name “Les Ballets Torokka de Russia,” or the words “Trocks,” “Trock,” “Trockettes,” “Trockadero,” “Torokka,” “Torokkadero,” or “Trocadero” in conjunction with the words “Ballet” or “Ballets” for a dance troupe. Trevino argued the action should be dismissed because the proceeding should be adjudicated in Japan under Japanese law.