Daily Business Review: Margaritaville Brand Fight Over Rights in Bahamas

The Daily Business Review shares the details about Kluger Kaplan’s Todd Levine’s latest intellectual property case.  

Margaritaville Brand Fight Over Rights in Bahamas

October 20, 2018

Restaurant operator Boss Investments claims the Margaritaville company is breaking a licensing agreement by allowing a different developer to use the name in the Bahamas for a resort.

Margaritaville — both a name and a laidback feel at tourist venues from New York to Costa Rica derived from Jimmy Buffett’s 1977 hit song — is accused of breaching an agreement for the exclusive use of the trademark in the Bahamas.

Kluger Kaplan Commercial Litigation

Boss Investments Ltd. claims it has the exclusive rights to develop and run venues under the Margaritaville trademark, which includes the name, Buffett images and song lyrics, and associated merchandise under a 2014 agreement.

Boss opened a restaurant, store and bar with live entertainment on Paradise Island, but its plans and partnership with Margaritaville went awry when it wanted to open a second, similar venue.

Boss said Palm Beach-based Margaritaville Holdings LLC; its intellectual property licensor, Margaritaville Enterprises LLC; and the IP sublicensor that signed the Bahamas trademark agreement with Boss, Margaritaville of Bahamas LLC, didn’t hold up their end of the deal.

Instead, they awarded a Margaritaville trademark for the development of another tourist destination on Paradise Island — a $250 million, 150-room resort on 6 acres with a spa, luxury condominiums, an 800-space garage, marina, restaurant and water park, according to Boss’ lawsuit filed Friday in Palm Beach Circuit Court.

Boss sued all three Margaritaville LLCs as well as Margaritaville Development president James Wiseman.

Margaritaville declined comment through a spokeswoman.

Boss said the new Bahamian resort will rise two miles from its existing venue and Margaritaville has discouraged Boss from moving ahead with a second venue at a promising location.

Boss, which opened its first restaurant in the Bahamas in 2015, has the right to open a second Bahamas venue within five years after the first location was open for a year, according to the complaint.

After Boss met with a Margaritaville representative in spring 2017 to show a prospective second location at the Port of Nassau, a busy cruise ship port, Wiseman called Boss to suggest a ” ‘slow play’ moving forward with the proposed location … because Margaritaville had ‘something better in that area for Boss,’ ” the lawsuit alleges.

This turned out to be a stalling tactic so Margaritaville could license its trademark to the resort developer, Boss’s attorneys, Todd Levine and Adam Steinberg, argue in the complaint.

Levine is a founding member and partner at Kluger, Kaplan, Silverman, Katzen & Levine in Miami, and Steinberg is a partner with The Law Offices of Adam J. Steinberg in Fort Lauderdale.

Wiseman and Boss representatives had a good working relationship, and Boss believed Wiseman was going to help with a second location, according to the complaint…

Continue reading in the Daily Business Review

KKSL Welcomes New Associate, Mayda Nahhas

The KKSKL team is proud to announce the addition of Mayda Nahhas to our business litigation practice. Read more below about Mayda and the experience she brings to the firm and its clients.

Screen Shot 2018-09-24 at 9.08.19 PMMayda earned her Juris Doctorate degree from Nova Southeastern University’s Shepard Broad College of Law, where she was consistently in the top 3% of her class, made the Dean’s List every semester and graduated Summa Cum Laude. While in law school, Mayda received a concentration in intellectual property, technology and cybersecurity law, served as Goodwin Alumni Editor of the Nova Law Review, was a Trial Advocate of the NSU Trial Association and founded the Nova Fashion Law Association.  Prior to law school, Mayda received a Bachelor of Science degree from Barry University.

Telemundo’s Un Nuevo Día: Las finanzas y el desamor: ¡Descubre cómo evitar que tu divorcio te deje en la bancarrota!

Kluger Kaplan’s Christina Echeverri explains what you can do to protect your finances during a divorce.

Una experta en finanzas y una abogada de familia nos explican que debemos hacer para que una ruptura de pareja no afecte tus finanzas.

Christina Echeverri Telemundo

Click here to view the full video. 

The Best Lawyers in America Recognizes Nine Kluger Kaplan Attorneys

BestLawyersLogo1The Best Lawyers in America© once again recognizes Kluger, Kaplan, Silverman, Katzen & Levine for its legal expertise and excellence in its 2019 edition.

“We are thrilled that our team members have been recognized again for this great honor,” said Founding Member Alan Kluger. “It’s a testament to our dedication to the legal profession and affirms the stellar reputation our attorneys have earned through delivering outstanding client service while practicing with integrity and professionalism.”

The following attorneys were featured in this year’s list:

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Deborah S. Chames

* Family Law

 

Abbey L. Kaplan

* Commercial Litigation

* Entertainment Law- Motion Pictures and Television

* Litigation – Mergers and Acquisitions

* Litigation – Real Estate

 

Bruce A. Katzen

* Commercial Litigation

* Securities / Capital Markets Law

 

Alan J. Kluger

* Commercial Litigation

* Family Law

* Litigation – Banking and Finance

* Litigation – Real Estate

 

Todd A. Levine

* Litigation – Real Estate

 

Philippe Lieberman

* Commercial Litigation

 

Jason R. Marks

* Family Law

 

Steve I. Silverman 5 years

* Commercial Litigation

 

Minneapolis, MN

Daniel N. Rosen

* Eminent Domain and Condemnation Law

Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 87,000 industry leading lawyers are eligible to vote (from around the world), and the publication has received almost 10 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2019 Edition of The Best Lawyers in America©, 7.8 million votes were analyzed.

The Real Deal: Trump Doral to pay tenant’s legal fees tied to lease dispute

Doral resort will have to pay more than $2.5M in legal bills.

Trump National Doral Miami is running up an expensive tab in a long-running legal war it’s losing against Florida Pritikin Center, a rehabilitation spa leasing space at the luxury resort.

On Wednesday, the Third District Court of Appeal affirmed a 2017 final judgement ruling by Miami-Dade Circuit Judge Jose Rodriguez against Trump Endeavor 12, the entity that owns the Doral golf resort managed by Donald Trump Jr…

…By the time the bills are tallied up, Trump Endeavor will have to pay more than $2.5 million in attorney fees in its failed bid to evict the spa from a 40,000-square-foot-space at Trump Doral, said Pritikin’s lawyer, Philippe Lieberman, a partner with the Miami firm Kluger Kaplan Silverman Katzen and Levine.

“The exact amount will be determined by Judge Rodriguez in the next couple of months,” Lieberman said. “Our client is very happy. He is looking forward to putting this behind him and recovering his legal fees from Trump.”

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Trump Endeavor attorney Bruce Rogow did not respond to a request for comment.

Pritikin sued Trump Endeavor in June 2015, alleging breach of contract. According to court documents, Pritikin had a lease with the prior owner dating back to 2009 that was still in effect when Trump Endeavor purchased the golf resort in bankruptcy court three years later. The company affirmed the lease and Pritikin was forced to remain while the Trumps renovated the property, the lawsuit states.

“At that point, the property was in disrepair and bad condition,” Lieberman said. “Trump would not reduce the rent or allow Pritikin out of the lease. When the lease was up for renewal, it coincided with when construction was coming to a close. Trump wanted to bully us off the property.”

Pritikin’s lawsuit claims that Trump tried to increase a special room rate for Pritikin clients by 583 percent, would not replace worn-out refrigeration units in the spa, attempted to reject the tenant’s option to extend the lease until 2019 and tried to improperly terminate the agreement. “We resisted,” Lieberman said. “We pushed back.”

In February 2015, Rodriguez granted Pritikin declaratory relief, which forced Trump Endeavor to honor the lease, as well as decrease its clients’ room rates by 15 percent. The developer won a subsequent appeal to the Third District Court, which sent it back to Rodriguez to provide a better explanation as to why he ruled in Pritikin’s favor, Lieberman said.

“He did that in 38-page judgement filed in June 2017,” Lieberman said. “Trump appealed that judgement and the appellate court ruled in Pritikin’s favor this Wednesday.”

Read the full story in The Real Deal.