In 2013, Gabbanelli again filed suit against multiple Hermes entities for alleged infringement (Civil Action No. Despite the 2000 Settlement Agreement, the parties continued to clash. The Agreement defined “Gabbanelli trade dress” as “the overall appearance of the accordions sold and distributed by Gabbanelli consisting of, but not limited to, the color scheme, the location and design of the buttons and keys on the accordions, the engravings on the accordions, and the ornamentation attached to the accordions.”4 Id. The 2000 Settlement Agreement provided, inter alia, that Hermes would “stop the promotion and sale of any accordion containing marks that are identical to, or confusingly similar to,” the Gabbanelli trade dress. The parties ultimately resolved the case via settlement agreement. Both suits resulted in settlement agreements.3 First, in 2000, Gabbanelli filed suit against eight different Hermes entities in federal district court (Civil Action No. The 20 Settlement Agreements Gabbanelli has brought two previous suits against Hermes entities-one in 2000 and one in 2013-for alleged intellectual property infringement. 2 In considering a Rule 12(b)(6) motion to dismiss a complaint, courts generally must accept the factual allegations contained in the complaint as true. However, based on the record filed with the court, none of the other Hermes entities was ever served or made an appearance in the case. 1 In addition to the three Defendants bringing this motion, Gabbanelli’s complaint names a number of other Hermes entities. The Hermes defendants also sell “various brands of highquality accordions.” Dkt. Gabbanelli manufactures and sells its own brand of high-quality accordions.2 Dkt. BACKGROUND This is an intellectual property dispute. 7) should be GRANTED IN PART and DENIED IN PART. Having considered the motion, response, reply, pleadings, and applicable law, the court is of the opinion that Defendants’ motion (Dkt. Plaintiff Gabbanelli Accordions and Imports, LLC (“Gabbanelli”) responded (Dkt. 22 (joining 3 Crowns in the pending motion). 7 (motion filed by Hermes International and Hermes Trading Co.) see also Dkt. § § § § § § § CIVIL ACTION H-18-4404 MEMORANDUM OPINION AND ORDER Pending before the court is defendants Hermes International, Inc., Hermes Trading Co., and 3 Crowns Distributors’s (collectively, “Defendants”) partial motion to dismiss.1 Dkt.

HERMES MUSIC COMPANY, et al., Defendants.

27 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION GABBANELLI ACCORDIONS & IMPORTS, LLC, Plaintiff, v.

Cantabella accordion