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Judge Koeltl http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=123066 NULIFE Entertainment Inc. owns rights in the salsa music group N’Klabe. Defendant Torres joined N’Klabe under a 2003 agreement. Codefendant Porrata joined under a 2005 amendment. The agreement contained a broad arbitration clause. Defendants broke from N’Klabe in 2008, and allegedly performed as the “I Love Salsa Orchestra.” Nulife claimed “I Love Salsa” is the name of a popular N’Klabe album and is used interchangeably with N’Klabe to refer to the group. Defendants sought to stay Nulife’s lawsuit—alleging contract breach, Lanham Act trademark violations, and state law claims of trademark infringement and unfair competition—in favor of arbitration under the federal Arbitration Act pursuant to the agreement’s arbitration clause. In dismissing Nulife’s complaint without prejudice, the court determined that all of the disputes raised in Nulife’s complaint were subject to arbitration unless it alleged defendants’ violation of their exclusive recording services obligations, which Nulife failed to plead. In light of the entire agreement, it was clear the arbitration clause’s “exclusivity” exception referred to any potential breach by defendants of their exclusive recordings obligations to Nulife.

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