Marco Antonio Soriano, of Massapequa, falsely presenting himself as member of Spanish nobility, federal lawsuit says

Long Island businessman Marco Antonio Soriano has presented himself as a descendant of Spanish nobility connected to a storied European motorcycle brand in interviews and social media posts.

"The Soriano Family Office was founded by my grandfather, Ricardo Soriano, in 1939," reads the website for Soriano Motori, the Italy-based electric motorcycle company led by Soriano. "He was a noble aristocrat and the Marqués de Ivanrey and his vision shaped the family’s trajectory for generations."

In reality, Soriano is a man from Massapequa trading on a shared surname and falsely presenting himself as a member of a family of Spanish nobility to sell electric motorcycles, the aristocratic family's patriarch said in a lawsuit alleging false advertising under federal trademark and business law.

Felipe Thomas y de la Gándara, 5th Marqués de Ivanrey, who splits his time between homes in Switzerland and Spain, filed suit in Brooklyn federal court against Soriano, who he said has no relation to him or any of his ancestors or extended family.

"My only desire is for the defendant to pursue his legitimate business and not to seek to capitalize on my family's name, reputation and hard work," he said in a phone interview with Newsday from his home in Switzerland.

Attempts to reach Soriano by phone and email were not successful.

Soriano's attorney, Giacomo Bosso, who has offices in Miami and Brooklyn, said he would confer with his client about providing a statement to Newsday or doing an interview.

"I'm a little uncomfortable with that," Bosso said of Newsday's request to interview Soriano.

He did not respond to a follow-up inquiry. 

 After the story was published online, another attorney representing Soriano, Sarah Barickman, e-mailed Newsday a YouTube link that appears to show both Soriano and Thomas y de la Gándara in a 2020 panel discussion, entitled "Café Con Soriano," in which they appeared friendly and talked about family and Soriano's electric motorcycle company.

Barickman declined to comment on the pending litigation. 

Motorcycle pioneer

Thomas y de la Gándara is the great-great-grandson of Fernando Soriano y Gaviria, who was a senator of the Spanish province of Salamanca. Dowager Queen of Spain Maria Cristina de Habsburgo-Lorena created the Marqués de Ivanrey title for the senator — 1st Marqués de Ivanrey — in 1895.

Thomas y de la Gándara's great-grandfather, Ricardo Soriano von Scholtz und Hermensdorff, 2nd Marqués de Ivanrey, was a pioneer in motorcycle engineering.

"The name of my great-grandfather in Spain and in the motorcycle industry has an impact," said Thomas y de la Gándara, who is the founder and CEO of the United Kingdom-based company Ivanrey Entertainment Ltd., which provides hospitality services and coordinates special services. "The appropriation of something that is his legacy is not acceptable. It's our legacy. It's the legacy of our family. I have to defend my family. I have to protect them. It is intrusive; it is offensive and it is harmful."

In court papers, Bosso has sought to dismiss the claims, arguing Thomas y de la Gándara has failed to show that he competes with Soriano in a relevant market, has a competing trademark and experienced any sales losses.

"New York law requires actual damages, not the diminishment of good will," Bosso wrote in a May motion.

Bosso did not address directly the accusation that his client is falsely claiming to be a member of a family of Spanish nobility, but argued Thomas y de la Gándara lacks standing to bring the lawsuit.

"Plaintiff's entire complaint is predicated on allegations that Mr. Soriano had made statements regarding Mr. Soriano's relationship to either Fernando Soriano or Ricardo Soriano von Scholtz und Hermensdorff," Bosso wrote. "At no point does Gándara allege that Mr. Soriano is impersonating him. As such, it is unclear what standing, if any, Gándara has to bring the complaint."

Bosso asked for the lawsuit to be dismissed with prejudice, meaning that it could not be refiled.

But Thomas y de la Gándara's lawyer, Anne Elise Herold Li, argued in court papers her client is suffering from monetary losses as well as irreparable harm to his reputation due to Soriano's "false and misleading statements," including while marketing Soriano Motori as an Italian lifestyle brand that sells electric motorcycles.

Soriano, who is chairman and CEO of The Soriano Group & Family Office, has "no relation" to Thomas y de la Gándara, his ancestors or extended family but is "presenting himself" as a part of his immediate or distant family and "is using this false association and false endorsement to sell electric motorcycles that are purportedly derived from the creations of Ricardo Soriano von Scholtz und Hermensdorff, 2nd Marques de Ivanrey," according to the lawsuit.

Social media invitation

Soriano first reached out to Thomas y de la Gándara on social media in 2019, claiming to be a relative, the Switzerland native told Newsday.

"He said he was the grandson of Ricardo Soriano and asked if we could meet or we could get in touch," said Thomas y de la Gándara, who said he was "extremely surprised" as a steward of his family lineage at Soriano's claim to be his mother's cousin.

"He invited me several times to many events he was organizing, either in Milan or some other places, events he was organizing to launch his brand, to present his products and I always refused to attend these events," Thomas y de la Gándara said.

While he was always doubtful Soriano was related to his family, he didn't completely dismiss the possibility.

"You never know; there is a tiny possibility that you are unaware of an event in your family," Thomas y de la Gándara said. "There could be something hidden in a family. I think it would have been, it would have been really unfair of me not to be kind."

It wasn't until after Soriano visited his home in Switzerland in 2022 that he examined Soriano's story.

"I didn’t investigate earlier because my mother was sick at the time and I told her about this story about this man and my mother asked me not to undertake any investigation," Thomas y de la Gándara said. "When my parents passed, I saw more and more attention was attracted to Mr. Soriano and that’s when I investigated myself to really understand. I did research on him to find out that this was not true."

Soriano was sent a cease and desist letter in March.

"It's quite emotional, I have to say," Thomas y de la Gándara said. "For years, I gave him the benefit of the doubt probably because it's of my nature and also to follow the wish of my mother. But this man has several opportunities to do things differently. The misrepresentations have left me no choice but to seek legal remedy."

Thomas y de la Gándara said he just wants "the truth" to come out.

"What I just hope is to reestablish the honor of my family, the name of my great-grandfather, the history of our family and also to make sure that the future of my children and the reputation of my noble title are protected."