SAN DIEGO – A Nevada corporation that licenses Bad Boy and Bad Girl products alleges a license agreement between it and several United Kingdom companies was breached.
Platypus Wear Inc. filed a complaint on Nov. 7 in the U.S. District Court for the Southern District of California against ad Boy Europe LTD, Deep Blue Sports LTD, John Paul Gardner and Deep Blue Sportswear LTD alleging breach of contract and other counts.
According to the complaint, the plaintiff alleges that in October 2015, it entered into a second addendum agreement with two separate companies, Deep Blue and BBE, not knowing then that both companies were one and the same. The suit states the defendants promised plaintiff that they would timely provide sales and marketing reports, pay royalties owed, provide inventory and engage in important marketing activities.
However, the plaintiff alleges that the defendants had no intention of performing its obligations under contract, but had already set in motion a secret plan to strip BBE of its assets and to transfer those assets to Deep Blue and/or Gardner so that they could avoid liability for their intended breaches.
The plaintiff holds Bad Boy Europe LTD, Deep Blue Sports LTD, Gardner and Deep Blue Sportswear LTD responsible because the defendants allegedly failed to pay royalties that should have been paid to plaintiff, failed to comply with their marketing obligations and other counts.
The plaintiff requests a trial by jury and seeks judgment against defendants, declaration that the defendants are joint enterprises, damages in excess of $1 million, restitution, permanent injunction from all further use of plaintiff's registered trademarks, attorneys' fees, costs of suit, interest and further relief as the court deems proper. It is represented by Karen B. King in San Diego.
U.S. District Court for the Southern District of California Case number 3:16-cv-02751