Margaritaville’s Bahamian franchisee has refiled its lawsuit in Florida state courts. It is still working to block the $250m Pointe project. The US attorneys representing Boss Investments have released a statement that the company is still pursuing Margaritaville for breach of contract. The US federal judge dismissed the action and it has now been filed in a Palm Beach County courthouse.
Reason For Dismissal
Todd Levine and Adam Steinberg said the federal judge dismissed the action due to a legal technicality, but all legal options of Boss Investments were not exhausted. Todd and Adam said their client, Boss Investments was looking forward to the deal with Margaritaville, to bring the brand to The Bahamas. They entered into an exclusive agreement allowing Boss to use Jimmy Buffet and Margaritaville trademarks in The Bahamas.
Margaritaville has mentioned the exclusivity in dealings before. Not long after Boss had a successful opening of Paradise Island, Margaritaville reneged on the deal, and partnered with another company to launch a huge Margaritaville resort only miles away from the initial Boss Investments location. The action by Margaritaville, is clearly a breach of contract and Boss is within its contractual rights for filing the lawsuit in Florida state court.
Already In Violation
The US federal court did not rule on the case, and threw it out based on the lack of jurisdiction to hear the case. Now the case will be heard under Florida state law. There are two of the Margaritaville entities listed as defendants. They have offices in Palm Beach County. It is alleged that Margaritaville is already in violation of its own exclusive right to use trademarks and intellectual property in the Bahamian area. This is according to the company’s deal with China Construction America’s downtown Nassau resort next to British Colonial Hilton. According to Boss Investments, Margaritaville discouraged it from starting an additional restaurant by Nassau’s port to safeguard the plans for The Pointe.