Things Just Got Serious For The World Famous King of Diamond’s In Miami. Founder And Creator Lenny Moore Sues Fly Low, Inc., D/B/A King of Diamond’s For $12 Million.

IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

x———————————————————————————–X

FLY LOW, INC. D/B/A KING OF DIAMONDS, INC.

                                                           Plaintiffs,                             INDEX NO.

                                                                                                1:14-cv-22666-MGC

-against-                                                     DEFENDANT’S COUNTERCLAIMS

                                                                               AGAINST

                                                         PLAINTIFFS/COUNTER-DEFENDANTS                                                  

 

LENNY MOORE,

                                                           Defendant.

X————————————————————————————-X          

COUNTERCLAIMS AGAINST PLAINTIFFS FLY LOW, INC. D/B/A KING OF DIAMONDS, INC.

COMES NOW the Defendant/Counter Claimant LENNY MOORE, for himself alone

and “Pro Se”, suing Plaintiffs/Counter Defendants FLY LOW, INC. d/b/a KING OF

DIAMONDS, A Florida Corporation, and in support thereof states the substance of

the Counterclaims and sets forth the essential elements of its claims for relief

pursuant to The Court’s Order dated May 8, 2015 as follows (Court’s May 8, 2015

Order annexed hereto as Exhibit A.)

COUNTERCLAIM NUMBER ONE

(Copyright Infringement)

  1. Defendant states unequivocally that Defendant created and designed the

King Of Diamonds Logo and has affidavits from the graphic designer and

former employees and affiliates of Plaintiffs/Counter Defendants supporting

this assertion, and that Plaintiffs/Counter Defendants have illegally usurped

Defendant’s copyright interest in the King Of Diamonds logo. (Graphic

 

designer and KOD Affiliate’s Affidavits annexed hereto as Exhibit B)

COUNTERCLAIM NUMBER TWO

(Slander & Defamation)

  1. Plaintiffs/Counter Defendants have published and rendered false

statements about Defendant, to wit, that Defendant has no ownership

interest in the King Of Diamonds brand and/or logo, and

Plaintiffs/CounterDefendants know these statements to be untrue, and said

statements have had a deleterious and hurtful effect on Defendant’s

business reputation and enterprises, and Defendant has been grievously,

substantially irreparably and permanently damaged as a result.

COUNTERCLAIM NUMBER THREE

(Tortious Interference)

  1. Plaintiffs /Counter Defendants have sent numerous Cease & Desist letters to

Defendant’s business contacts advising them that Defendant did not have

the right to use Defendant’s King Of Diamonds Copyright despite the fact

that Defendant invented, caused to be designed and owned the logo, and

Plaintiffs/Counter Defendants unlawfully asserted that Plaintiffs/Counter

Defendants owned said logo. (Cease & Desist Letters annexed hereto as

 

Exhibit C).

 

  1. By tortiously interfering with Defendant’s contracts, Plaintiffs /Counter

Defendant caused Defendant to lose a tremendous amount of revenue

when Defendant’s partners shut down Defendant’s events in Las Vegas.

  1. By tortiously interfering with Defendant’s contracts, Plaintiffs/Counter

Defendants caused Defendant to suffer significant, severe, long lasting and

irreparable damage to Defendant’s business reputation.

COUNTERCLAIM NUMBER FOUR

(Intentional Infliction Of Emotional Distress)

  1. Plaintiffs/Counter Defendants undertook the actions set forth in

Counterclaims number one through five with the intent to cause emotional

distress.

  1. Plaintiffs/Counter Defendants’ conduct was intentional and malicious and

done for the purpose of causing Defendant to suffer humiliation, mental

anguish, and emotional and physical distress.

  1. As a proximate result of Plaintiffs/Counter Defendants’ actions, Defendant

suffered embarrassment, humiliation, physical and mental distress, and has

been injured in mind and body as follows: extreme stress, weakening of

immune systems, insomnia and sleep-deprivation, increased

heart rate, high blood pressure, and related maladies.

  1. Plaintiffs/Counter Defendants knew, or should have known, that its failure

to exercise due care would cause Defendant’s severe emotional distress.

COUNTERCLAIM NUMBER FIVE

(Breach Of Contract)

  1. Plaintiffs/Counter Defendants and Defendant had entered into an

agreement evinced by a memorandum in January 2010 stating that

Defendant agreed to license the King Of Diamonds logo and brand to

Plaintiffs/Counter Defendants in consideration for a fee of Ten Thousand

($10,000.00) dollars per month commencing January 2010 to the present

(total of sixty four (64) months to date) as well as thirty (30%) percent of

Plaintiffs/Counter Defendants’ net revenue derived from bar receipts for

the same period, and Plaintiffs-Counter Defendants, though duly

demanded by Defendant, have not fulfilled their contractual obligations to

Defendant to date and remain in full breach thereof (Memorandum

 

annexed hereto as Exhibit D).

  

WHEREFORE, Defendant demands judgment against Plaintiffs/Counter

Defendants as follows:

  • (a) On the FIRST COUNTERCLAIM (Copyright Infringement), judgment

against Plaintiffs/Counter Defendants in the amount of ONE

 

           MILLION TWO HUNDRED AND FIFTY THOUSAND ($1,250,000.00) DOLLARS

in actual, compensatory, and expectation damages and ONE MILLION

 

         TWO HUNDRED AND FIFTY THOUSAND ($1,250,000.00) DOLLARS in

punitive damages;

(b)       On the SECOND COUNTERCLAIM (Slander & Defamation), judgment

against Plaintiffs/Counter Defendants in the amount of ONE MILLION TWO

 

           HUNDRED AND FIFTY THOUSAND ($1,250,000.00) DOLLARS in actual,

compensatory, and expectation damages and ONE MILLION TWO

  

         HUNDRED AND FIFTY THOUSAND ($1,250,000.00) DOLLARS in punitive

damages;

(c) On the THIRD COUNTERCLAIM (Tortious Interference)

judgment against Plaintiffs/Counter Defendants in the amount ONE

 

             MILLION TWO HUNDRED AND FIFTY THOUSAND ($1,250,000.00)      

            

             DOLLARS in actual, compensatory, and expectation damages and ONE

 

             MILLION TWO HUNDRED AND FIFTY THOUSAND ($1,250,000.00)

 

             DOLLARS in punitive damages;

(d)       On the FOURTH COUNTERCLAIM (Intentional Infliction Of Emotional

            

             Distress) judgment against Plaintiffs/Counter Defendants in the amount

ONE MILLION TWO HUNDRED AND FIFTY THOUSAND ($1,250,000.00)    

            

             DOLLARS in actual, compensatory, and expectation damages and ONE

 

             MILLION TWO HUNDRED AND FIFTY THOUSAND ($1,250,000.00)

 

             DOLLARS in punitive damages;

(e)       On the FIFTH COUNTERCLAIM (Breach Of Contract) judgment against

Plaintiffs/Counter Defendant in the amount of ONE MILLION TWO

 

           HUNDRED AND FIFTY THOUSAND ($1,250,000.00)

DOLLARS in actual, compensatory, and expectation damages and ONE

 

           MILLION TWO HUNDRED AND FIFTY THOUSAND ($1,250,000.00)

 

           DOLLARS in punitive damages;

(f)       Any other relief, together with the above relief, that this Court issue a

judgment against Plaintiffs/Counter Defendant in the amount of TWELVE

 

           MILLION FIVE HUNDRED THOUSAND ($12,500,000.00) DOLLARS as well as

for costs, fees, and interest and such other legal or equitable relief that is

appropriate.

Dated:            Miami, Fla.

May 15, 2015

Yours, etc.

_____________________________

LENNY MOORE

Defendant Pro Se

3431 NW 169 Terrace

Miami Gardens, Fl. 33054

To:

Michael B. Chesal, Esq.

Peretz, Chesal & Hermann, P.C.

2 South Biscayne Blvd.-Suite #3700

Miami, Fl. 33131

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

x———————————————————————————–X

FLY LOW, INC. D/B/A KING OF DIAMONDS, INC.

                                                           Plaintiffs,                   INDEX NO.

                                                                                      1:14-cv-22666-MGC

-against-                                            

                                                             DEFENDANT’S COUNTERCLAIMS

                                                                               AGAINST

                                                         PLAINTIFFSS/COUNTER-DEFENDANTS                                                  

 

LENNY MOORE,

                                                          Defendant.

 

X————————————————————————————-X          

VERIFICATION

I, LENNY MOORE, am the Defendant in the above-entitled action. I have read the

foregoing Defendant’s Counterclaims Against Plaintiffs/Counter Defendants and

know the contents thereof. The same is true of my own knowledge, except as to

those matters which are therein alleged on information and belief, and as to

those matters, I believe it to be true.

I declare under penalty of perjury that the foregoing is true and correct and that

this declaration was executed in the County Of Broward in the State Of Florida.

________________________________________

LENNY MOORE

DATED: May 15, 2015

IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

x———————————————————————————–X

FLY LOW, INC. D/B/A KING OF DIAMONDS, INC.

                                                           Plaintiffs,                       INDEX NO.

                                                                                           1:14-cv-22666-MGC

-against-                                                                  

                                                              DEFENDANT’S COUNTERCLAIMS

                                                                                 AGAINST

                                                           PLAINTIFFS/COUNTER-DEFENDANTS                                                  

 

LENNY MOORE,

                                                           Defendant.

 

X————————————————————————————-X          

AFFIRMATION OF SERVICE

  1. I, LENNY MOORE, hereby declares under penalty of perjury:

I am the Defendant in the above referenced cause of action.

2.On Wednesday, May 15, 2015, I served a copy of the following document(s) via USPS

overnight mail:

DEFENDANT’S COUNTERCLAIMS AGAINST PLAINTIFFS/COUNTERDEFENDANTS

on PERETZ, CHESAL & HERMANN, P.C., Attorneys For Plaintiffs/Counter at the address

below:

2 South Biscayne Blvd.-Suite #3700

Miami, Fla. 33131

I declare under penalties of perjury that the foregoing is true and correct.

Dated: May 15, 2015

_____________________________

LENNY MOOREwpid-wp-1415457814480.jpeg

Fly Low, Inc., D/B/A King of Diamond's Slapped With $12 Million Lawsuit by Founder And Creator Lenny Moore

Fly Low, Inc., D/B/A King of Diamond’s Slapped With $12 Million Lawsuit by Founder And Creator Lenny Moore

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