2057-0004: Talons Sued By Denny's for Breach of Contract [SPECIAL REPORT]
Posted: Tue Nov 14, 2023 11:30 pm
Phoenix, AZ--
The corporate and baseball worlds were riled by a huge bombshell that dropped late tonight:
The Phoenix Talons are being sued by Denny's.
The following legal brief was filed against the club just hours ago in United States Ninth District Court:
IT'S A SLAM DUNK!
The corporate and baseball worlds were riled by a huge bombshell that dropped late tonight:
The Phoenix Talons are being sued by Denny's.
The following legal brief was filed against the club just hours ago in United States Ninth District Court:
Off Topic
IN THE NINTH DISTRICT:
Denny's Restaurant Corporation, Spartanburg, SC
Greater Phoenix Area Denny's Franchisees Consortium LP, Surprise, AZ,
PLAINTIFF(S)
v.
Central Arizona Concessions LLC dba Phoenix Talons Base Ball Club Inc., Phoenix, AZ
David A. Frum Intellectual Properties Ltd dba Talons Electronic Media And Forum Posting Department, Scottsdale, AZ,
DEFENDANT(S)
Civil Action Case No. 420-69
___________________________________________________________________________
NATURE OF THE COMPLAINT:
1. This is a Civil Action being brought by the Plaintiffs under the laws of the State of Arizona pursuant to Arizona Revised Statute, Title 44, Chapter 1, Article 1, Paragraph 6 et seq. as well as Common Law with regard to contracts in writing.
THE PARTIES:
2. Plaintiffs are jointly the Denny's Restaurant Corporation and the Greater Phoenix Area Denny's Franchisees Consortium, owners and/or operators of Denny's branded restaurants in the Phoenix Metropolitan Area. Both parties were, at all relevant times, doing business in the state of Arizona.
3. Defendants are jointly Central Arizona Concessions and David A. Frum Intellectual Properties, Operators of the Phoenix Talons Baseball Club as well as the Club's media disseminations. Both parties were, at all relevant times, doing business in the state of Arizona.
COMPLAINT:
4. The Plaintiffs allege that on 10 September 2056, the Defendants did knowingly and negligently OMIT the name "Denny's" from a media article describing the events of 9 September 2056 at the place of business of the Phoenix Talons Baseball Club, namely, Denny's Paul D. Lunn Memorial Stadium Presented by Subaru (Hereinafter referred to as "Stadium"). The relevant parties are bound by a contract signed on 10 October 2050, defining an agreement whereby the Plaintiffs would renumerate the Defendants the sum of $2,500,000 in exchange for using the name Denny's in all references regarding the home ballpark of the Phoenix Talons (Hereinafter referred to as "Naming Rights").
5. In the act of omitting the name "Denny's" from said stadium in said media article (Hereinafter referred to as "Team News"), Defendants Central Arizona Concessions LLC and the Talons Electronic Media And Forum Posting Department (Hereinafter referred to as "TEMAFPD") did cause and are continuing to cause material damages to the Plaintiffs in the form of lost business and customer loyalty.
REMEDY:
6. The Plaintiffs petition the Ninth District Court for remedy of damages pursuant to Arizona Revised Statute, Title 44, Chapter 10, Article 3, Subsection A, Paragraph 4: "The owner of a mark registered under this article may proceed by civil action against any person who, without the consent of the registrant: 4. Knowingly obliterates, covers, removes or otherwise alters the mark of another person". The Plaintiffs seek a judgement of $690,420.69, based on actual loss of business at Greater Phoenix Area Denny's locations in the time period commencing 10 September 2056 and continuing to the date of filing.
EVIDENCE:
7. Exhibit A:
Denny's Restaurant Corporation, Spartanburg, SC
Greater Phoenix Area Denny's Franchisees Consortium LP, Surprise, AZ,
PLAINTIFF(S)
v.
Central Arizona Concessions LLC dba Phoenix Talons Base Ball Club Inc., Phoenix, AZ
David A. Frum Intellectual Properties Ltd dba Talons Electronic Media And Forum Posting Department, Scottsdale, AZ,
DEFENDANT(S)
Civil Action Case No. 420-69
___________________________________________________________________________
NATURE OF THE COMPLAINT:
1. This is a Civil Action being brought by the Plaintiffs under the laws of the State of Arizona pursuant to Arizona Revised Statute, Title 44, Chapter 1, Article 1, Paragraph 6 et seq. as well as Common Law with regard to contracts in writing.
THE PARTIES:
2. Plaintiffs are jointly the Denny's Restaurant Corporation and the Greater Phoenix Area Denny's Franchisees Consortium, owners and/or operators of Denny's branded restaurants in the Phoenix Metropolitan Area. Both parties were, at all relevant times, doing business in the state of Arizona.
3. Defendants are jointly Central Arizona Concessions and David A. Frum Intellectual Properties, Operators of the Phoenix Talons Baseball Club as well as the Club's media disseminations. Both parties were, at all relevant times, doing business in the state of Arizona.
COMPLAINT:
4. The Plaintiffs allege that on 10 September 2056, the Defendants did knowingly and negligently OMIT the name "Denny's" from a media article describing the events of 9 September 2056 at the place of business of the Phoenix Talons Baseball Club, namely, Denny's Paul D. Lunn Memorial Stadium Presented by Subaru (Hereinafter referred to as "Stadium"). The relevant parties are bound by a contract signed on 10 October 2050, defining an agreement whereby the Plaintiffs would renumerate the Defendants the sum of $2,500,000 in exchange for using the name Denny's in all references regarding the home ballpark of the Phoenix Talons (Hereinafter referred to as "Naming Rights").
5. In the act of omitting the name "Denny's" from said stadium in said media article (Hereinafter referred to as "Team News"), Defendants Central Arizona Concessions LLC and the Talons Electronic Media And Forum Posting Department (Hereinafter referred to as "TEMAFPD") did cause and are continuing to cause material damages to the Plaintiffs in the form of lost business and customer loyalty.
REMEDY:
6. The Plaintiffs petition the Ninth District Court for remedy of damages pursuant to Arizona Revised Statute, Title 44, Chapter 10, Article 3, Subsection A, Paragraph 4: "The owner of a mark registered under this article may proceed by civil action against any person who, without the consent of the registrant: 4. Knowingly obliterates, covers, removes or otherwise alters the mark of another person". The Plaintiffs seek a judgement of $690,420.69, based on actual loss of business at Greater Phoenix Area Denny's locations in the time period commencing 10 September 2056 and continuing to the date of filing.
EVIDENCE:
7. Exhibit A:
