LAS VEGAS (CN) – A federal judge awarded Floyd Mayweather Jr. the win in his lawsuit against a New Orleans bar and promotions company that falsely claimed the boxing champ would host a 2013 Super Bowl party.
U.S. District Judge Jennifer Dorsey on Dec. 4 granted default judgment for Mayweather favor and awarded him $2,250 in statutory damages, $17,408.48 in attorney’s fees and $1,084 in costs.
Dorsey also enjoined defendants Wine Bistro and 2nd to None Entertainment from using Mayweather’s name or likeness for commercial gain.
In his February 2013 lawsuit, Mayweather said he occasionally accepts fees of about $100,000 to appear as a special guest or host at nightclubs, parties and special events.
On Jan. 30, 2013, Mayweather claimed, he learned that the Wine Bistro and its promoter, 2nd to None, were advertising that he would appear as the “celebrity guest host” of its Feb. 1 Super Bowl kickoff party along with his Money Team entourage.
Mayweather claimed a consumer aware of The Money Team would understand the promotion to mean “he would be bringing an entourage including other notable individuals and celebrities,” which might include Justin Bieber, 50 Cent, Li’l Kim and others.
The Wine Bistro posted the promotion on its Facebook page and YouTube account, which drew the attention of thousands of people, Mayweather said.
At the same time, Mayweather said, 2nd to None’s website posted print flyers of the event, which included a large photo of Mayweather in the background and a video ad that immediately played and claimed the world champion would be present and included video of the famous fighter.
The 2nd to None site also invited people to buy advance tickets to the event for $50 to $100, Mayweather claimed.
Mayweather aid his attorneys sent cease-and-desist letters to the Wine Bistro and 2nd to None on Jan. 30 via email and overnight mail, but advertising remained on the sites on Feb. 1.
Mayweather claimed that 2nd to None manager Maurice Flippen said he had booked the fighter through a third-party agency and had a contract, but Flippen did not provide a copy of the contract to Mayweather’s legal counsel despite a request to do so.
Mayweather sued the bar, the promoter, Flippen and four other people for trademark violations, unjust enrichment, unfair competition, deceptive trade and violation of right of publicity.
He claims that “Members of the public were induced” into buying advance tickets or paying a cover charge the night of the party, but because he was not there, “these fans are likely disappointed, angry and likely blame” him for failing to appear.
He claims the promotion damaged his reputation and brand, resulting in nightclubs and other venues being less likely to book him for future events and for fewer people likely showing up when he is booked for special appearances.
Mayweather ought compensatory, consequential, punitive and statutory damages, injunctive and declaratory relief and attorney’s fees.
He was represented by Mark G. Tratos.
Officials at 2nd to None Entertainment could not be reached for comment.
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