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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA BUCKY DENT, TWINS 20 ENTERPRISES, LLC, and CCMB ENTERPRISES, LLC, Plaintiffs Case No. v. DONALD S. UDERITZ, TBC ALL-STAR SPORTS, LLC, and HOT CORNER, LLC Defendants. / COMPLAINT FOR TRADEMARK FALSE DESIGNATION OF ORIGIN AND INFRINGEMENT, VIOLATIONS OF PUBLICITY RIGHTS, AND RELATED CLAIMS Plaintiffs, Bucky Dent, Twins 20 Enterprises, LLC, and CCMB Enterprises, LLC, by and through the undersigned counsel, sue Defendants, Donald S. Uderitz, TBC All-Star Sports, LLC, and Hot Corner, LLC and say and allege as follows: Statement of Case 1. The trade name and trademark “Bucky Dent Baseball School” was first originated

and adopted by Bucky Dent in the mid-1980’s and during his highly successful professional baseball career in the major leagues. 2. This Mark has since been used continuously by Bucky Dent and other authorized

users in connection with marketing, promoting, establishing and managing youth baseball clinics in interstate commerce, principally from a location in Delray Beach, FL, but on occasion at other locations selected by Bucky Dent and his experienced staff. 3. The “Bucky Dent Baseball School” Mark has acquired extensive goodwill and a

strong secondary meaning, and is well known in the public as a mark that identifies and

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distinguishes the “Bucky Dent Baseball School” apart from other similar youth baseball programs. 4. From June 2005 until August, 2011, Bucky Dent authorized the use of the Mark

by TBC All-Star Sports, LLC conditioned on his overseeing the management, control and quality of the baseball school. 5. In August 2011, Donald S. Uderitz and TBC All-Star Sports, LLC dismissed

Bucky Dent’s tenured staff and effectively terminated Bucky Dent’s affiliation with the baseball school, and Bucky Dent revoked the authorization to use the Mark. 6. In 2011, Bucky Dent also learned that Donald S. Uderitz, as managing partner,

attempted to unilaterally extinguish Bucky Dent’s twenty percent (20%) interest in the two companies that comprise the baseball school known as the “Bucky Dent Baseball School.” 7. Despite demands to cease and desist, Defendants, Donald S. Uderitz and TBC

All-Star Sports, LLC have intentionally and illegally misappropriated and diluted the “Bucky Dent Baseball School” Mark by using a confusingly and/or deceptively similar mark to wit “Bucky Dent Baseball School,” in connection with the marketing and operation of a baseball school and academy, all of which has and will continue to confuse the public by incorrectly suggesting an affiliation, connection, or association with Bucky Dent. 8. Bucky Dent has suffered and will continue to suffer, unless Donald S. Uderitz and

TBC All-Star Sports, LLC are restrained and enjoined, irreparable harm by the infringement of the “Bucky Dent Baseball School” Mark and invasion of Bucky Dent’s publicity rights, including: (i) the dilution of distinctiveness and erosion of the commercial value of the Mark; (ii) consumer confusion, mistake and deception as to the source of the youth baseball and academy programs promoted and offered by Donald S. Uderitz and TBS All-Star Sports, LLC;

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(iii) commercial and personal identity loss caused by the misappropriation of Bucky Dent’s persona for commercial exploitation; and (iv) loss of control of the Bucky Dent name and image. 9. In addition, Bucky Dent seeks damages and an accounting of his twenty percent

(20%) interest in the two companies that comprise the baseball school: TBC All-Star Sports, LLC and Hot Corner, LLC. Jurisdiction and Venue 10. This Court has subject matter jurisdiction over this civil action for common law

trademark infringement, false designation of origin and infringement, violation of publicity rights, and related causes of action, pursuant: (i) 28 U.S.C. § 1331 (federal question) and Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a); and (ii) 28 U.S.C. § 1338(b) (unfair competition) for a claim of unfair competition joined with a substantially related claim under the trademark laws; and (iii) 28 U.S.C. § 1367 (supplemental jurisdiction) as other claims are so related to federal claims in this action that they form part of the same case or controversy under Article III of the United States Constitution. 11. Venue is proper in the United States District Court for the Southern District of

Florida, pursuant to 28 U.S.C. §§ 1391(b) and (c), as the judicial district wherein all Defendants reside and transact business and a substantial part of the events or omissions giving rise to the claim occurred. 12. All conditions precedent to the commencement and prosecution of this action, if

any, have been performed, satisfied, waived, or excused. The Parties 13. Plaintiff, Bucky Dent (“Bucky Dent”), is an individual and resident of Palm

Beach County, Florida.

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14.

Plaintiff, Twins 20 Enterprises, LLC (“Twins 20”), is a limited liability company

duly formed and organized under the laws of the State of Florida, and maintains its principal address in Palm Beach County, Florida. 15. Plaintiff, CCMB Enterprises, LLC (“CCMB”), is a limited liability company duly

formed and organized under the laws of the State of Florida and maintains its principal address in Palm Beach County, Florida. 16. Defendant, Donald S. Uderitz (“Uderitz”), is an individual and resident of Palm

Beach County, Florida. 17. Defendant, TBC All-Star Sports, LLC (“TBC”), is a Florida limited liability

company which maintains a principal address in Palm Beach County, Florida. 18. Defendant, Hot Corner, LLC (“Hot Corner”) is a Florida limited liability

company with a principal address in Palm Beach County, Florida. Factual Background 19. Bucky Dent’s illustrious professional baseball career in the American League

included twelve seasons as a short stop, during which he won two World Series with the New York Yankees in 1977 and 1978, was a three time All Star, and was the MVP in the 1978 World Series. 20. After retiring as a player, he managed in the New York Yankees Minor League

system and for the New York Yankees’ Big-League Club, and for a Triple A affiliate club of the Kansas City Royals. 21. He also held coaching positions with the St. Louis Cardinals, Cincinnati Reds,

and Texas Rangers.

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22.

Over the years, through to the present, Bucky Dent has dedicated himself to

ensuring that his name, image, and personal attributes enjoy and maintain a strong, positive and unique status in the public, all of which enhances the commercial value and viability of his name, as demonstrated by the requests he receives for personal appearances and endorsements. 23. Beginning in the early 1980s, Bucky Dent and a business associate, along with

personally selected and supervised staff, developed, managed and operated baseball clinics in South Florida for young athletes to develop fielding, throwing, hitting and base running skills. 24. As these programs became very successful and popular, attracting young baseball

players in Florida and from other states and countries, and in the mid-1980’s, Bucky Dent first originated and adopted the trade name and trademark “Bucky Dent Baseball School” (the “Mark”), with a school which operated from a location at 490 Dotterel Road, Delray Beach, FL. 25. In 1991, Bucky Dent became an owner with other business associates in BDBBS,

Inc. (“BDBBS”), a Florida corporation, and he continued overseeing the operation and management of the baseball clinics ensuring the quality of the programs offered to the public. 26. Bucky Dent orally agreed to conditionally authorize the exclusive, non-

transferrable use of the Mark in connection with the baseball programs marketed by BDBBS from the Delray location, and other places specifically approved by Bucky Dent, including New York and St. Louis, so long as he, through his personally selected staff and long time business associate, remained involved in the control of the quality and management of the programs. 27. The conditions under which the use of the Mark was authorized by Bucky Dent

included his overseeing the control of the quality of the youth baseball programs, and that these programs were offered through BDBBS, a company in which he maintained an ownership interest.

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28.

Through Bucky Dent’s unique status in the public and substantial investment of

time and devotion to the youth baseball programs, which he managed and operated in interstate commerce, the “Bucky Dent Baseball School” and Mark have acquired a secondary meaning and significant impact on the public for the goodwill and outstanding reputation of these programs associated with the Mark. 29. 30. In June 2005, BDBBS sold its assets, including the real estate in Delray, Florida. BDBBS sold the operating company to TBC All-Star Sports, LLC (“TBC”) and

the real estate to Hot Corner, LLC (“Hot Corner”), companies owned and controlled by Donald S. Uderitz (“Uderitz”). 31. In connection with the sale of the assets of BDBBS, Bucky Dent authorized the

exclusive non-transferrable use of the Mark by TBC in exchange for a twenty percent (20%) interest in TBC and in Hot Corner. 32. This exclusive, non-transferrable authorized use of the Mark was conditioned

upon Bucky Dent overseeing through his personally selected staff, and his long time business associate, the control, image, quality, type and location of the youth baseball programs promoted, marketed and offered by TBC to the public. 33. At no time has Bucky Dent authorized, consent to, or granted any other

permission to TBC or anyone else other than the exclusive, non-transferrable use of the Mark in strict compliance with these conditions. 34. In exchange for the conditional authorized, exclusive, non-transferrable use of the

Mark, Uderitz transferred to Bucky Dent a twenty percent (20%) interest in TBC and in Hot Corner.

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35.

The transfer of the twenty percent (20%) interest in TBC to Bucky Dent is

memorialized in a letter agreement dated June 8, 2005 and signed by Uderitz, as manager for TBC, a true and accurate copy of which is attached as Exhibit “A” to this Complaint. 36. The transfer of the twenty percent (20%) interest in Hot Corner to Bucky Dent is

memorialized in a letter agreement dated June 8, 2005, authorized by Uderitz, as manager for Hot Corner, a true and accurate copy of which is attached as Exhibit “B” to this Complaint. 37. Later, Bucky Dent formed Twins 20 Enterprises, LLC, which held his twenty

percent (20%) ownership interest in TBC, and formed CCMB Enterprises, LLC which held his twenty percent (20%) interest in Hot Corner. 38. From 2005 until the Summer 2011, Bucky Dent, and his staff and long time

business associate, maintained control over the quality, image, type and location of the youth baseball programs marketed by TBC under the Mark “Bucky Dent Baseball School.” 39. In 2010, Uderitz expressed an interest in changing the type, quality and location

of the youth baseball programs that would be marketed and offered to the public under the Mark. 40. Bucky Dent objected, and refused to these material changes to the programs

marketed and offered to the public by TBC using the “Bucky Dent Baseball School.” 41. Uderitz and TBC refused to comply with the conditions Bucky Dent placed upon

the use of the Mark, and on August 19, 2011, Uderitz fired Bucky Dent’s long time business associate of 37 years and his secretary while Bucky Dent was out of town. 42. By terminating his tenured staff, Uderitz and TBC effectively prevented Bucky

Dent from overseeing control of the quality, image, type and location of the youth baseball programs marketed and offered to the public by TBC under the Mark.

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43.

The following week, Bucky Dent advised Uderitz and TBC that effective

immediately, he was canceling TBC’s conditional permission to use the Mark. 44. Although Uderitz and TBC have since indicated that the use of the Mark would

cease, Uderitz and TBC continued to market and promote the youth baseball programs to the public in connection with the unauthorized use of the Mark and have improperly permitted third parties to use the Mark and Bucky Dent’s name and image. 45. Furthermore, Uderitz claims to have canceled, effective sometime in 2010, Bucky

Dent’s twenty percent (20%) interest in TBC and Hot Corner. COUNT I (False Designation of Origin Under Lanham Act § 43(a)) 46. Each of the allegations set forth in paragraphs 1 through 45, inclusive, of the

Complaint are incorporated, with the same force and effect as if fully restated. 47. This is a claim by Bucky Dent against TBC for false designation of origin in

violation of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). 48. Mark. 49. TBC’s unauthorized and wrongful use of the “Bucky Dent Baseball School” name Bucky Dent properly canceled the conditional authorization for TBC to use the

in interstate commerce in the market for youth baseball schools and programs that TBC’s use thereof is likely to create confusion, or to cause mistake, or to deceive consumers as to the affiliation, connection or association of Bucky Dent, or to deceive consumers as to the origin, sponsorship or approval by Bucky Dent of the youth baseball programs offered by TBC. 50. TBC’s unauthorized and wrongful use of the Mark constitutes a false designation

of origin in interstate commerce, which wrongfully and falsely designates, describes and

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represents TBC’s services and products as originating from, or being in some way connected with Bucky Dent, and is likely to cause confusion in interstate commerce as to TBC’s affiliation, connection, or association with Bucky Dent. 51. TBC’s infringement has and will continue to cause damage and, unless

preliminarily and permanently enjoined, irreparable harm to Bucky Dent. COUNT II (Infringement of Common Law Trade Name and Trademark) 52. Each of the allegations set forth in paragraphs 1 through 45, inclusive, of the

Complaint are incorporated, with the same force and effect as if fully restated. 53. This is a claim by Bucky Dent against TBC for infringement of common law

trade name and trademark. 54. The use of Bucky Dent’s personal name in connection with baseball and the

“Bucky Dent Baseball School” has gained legally protectable status after acquiring such an impact on consumers and the public that his name and Mark have each acquired a secondary meaning. 55. The business conducted by TBC is closely related to Bucky Dent’s business in

making personal appearances and endorsements, and other commercial activities involving baseball. 56. of the Mark. 57. TBC knew or should have known of a substantial value of Bucky Dent’s name TBC’s infringement dilutes the distinctiveness and erodes the commercial value

and Mark, and that TBC’s assimilation of the name and Mark in its business has and will continue to confuse and deceive the public as to the source and origin of TBC’s services and

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products, and into believing that the business conducted by TBC is actually operated by Bucky Dent, all to the detriment of Bucky Dent’s good name and economic and business interest. 58. TBC’s infringement has and will continue to cause injury and, unless

preliminarily and permanently enjoined, irreparable harm to Bucky Dent. COUNT III (Violation of Florida’s Right of Publicity Statute) 59. Each of the allegations set forth in paragraphs 1 through 45, inclusive, of the

Complaint, are incorporated, with the same force and effect as if fully restated. 60. This is a claim by Bucky Dent against TBC for violations of Florida’s Right of

Publicity, pursuant to Fla. Stat. § 540.08. 61. TBC’s public and commercial use of Bucky Dent’s name for profit, without

permission, to promote, market and offer, for profit, youth baseball programs, constitutes a violation of Fla. Stat. § 540.08. 62. TBC’s violations of Fla. Stat. § 540.08 have and will continue to cause damages

and, unless preliminarily and permanently enjoined, irreparable harm, to Bucky Dent. COUNT IV (Breach of Common Law Right of Publicity) 63. Each of the allegations set forth in paragraphs 1 through 45, inclusive, of the

Complaint, are incorporated, with the same force and effect as if fully restated. 64. This is a claim by Bucky Dent against TBC for violations of the common law

right of publicity.

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65.

Bucky Dent’s name, image and other personal attributes surrounding him and his

image are valuable and important qualities of his persona, and uniquely identify Bucky Dent in the public. 66. Bucky Dent’s right of publicity includes controlling and protecting the

commercial exploitation and use of the commercial viability of his name, image and other personal attributes. 67. TBC’s unauthorized infringement and exploitation of Bucky Dent’s name, image

and other attributes constitute a violation of the right of publicity which has and will continue to cause damage and loss of commercial value and, unless preliminarily and permanently enjoined, irreparable harm to Bucky Dent. COUNT V (Breach of the Putative License Agreement) 68. Each of the allegations set forth in paragraphs 1 through 45, inclusive, of the

Complaint are incorporated, with the same force and effect as if fully restated. 69. This is a claim by Bucky Dent against TBC for material breach of a putative

License Agreement. 70. Following Bucky Dent advising Uderitz and TBC that he canceled and withdrew

the conditional permission to use the Mark, Uderitz and TBC provided to Bucky Dent a copy of a putative “License Agreement,” a copy of which is attached as Exhibit C to this Complaint. 71. enforceable. 72. In the event that the License Agreement is valid and enforceable, TBC has At this time, Bucky Dent is uncertain whether the License Agreement is valid and

breached its express and implied terms by: (i) misusing the Mark outside and beyond the

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Business as that term is defined; (ii) improperly transferring use of the Mark to third parties without permission; and (iii) terminating Bucky Dent’s staff and effectively preventing him from overseeing control of the quality, image, type and location of the youth baseball programs marketed and offered to the public by TBC under the Mark. 73. TBC has materially breached the License Agreement, as this misconduct is

inconsistent with Bucky Dent’s ownership of the Mark and did not inure to Bucky Dent’s benefit and his rights in the Mark. 74. TBC’s material breach of the putative License Agreement has caused and will

continue to cause substantial damages to Bucky Dent. COUNT VI (Breach of the Duty of Loyalty and Care - TBC) 75. Each of the allegations set forth in paragraphs 1 through 45, inclusive, of the

Complaint are incorporated, with the same force and effect as if fully restated. 76. This is a claim by Twins 20 against Uderitz for breach of the statutory duty of

loyalty and care to Twins 20 as established under Fla. Stat. § 608.4225. 77. Uderitz intentionally, willfully and in bad faith breached the duty of loyalty by

dealing with TBC for himself while maintaining an adverse interest to TBC. 78. Specifically, Uderitz improperly attempted to extinguish Twins 20’s twenty

percent (20%) member and ownership interest in TBC in order to increase his membership and ownership interest in TBC, all for his own economic benefit. 79. Consequently, Uderitz breached the duty of care by engaging in grossly negligent

and reckless conduct, and/or intentional conduct by attempting to extinguish Twins 20’s ownership and membership interest in TBC.

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80.

As a direct and proximate result of Uderitz’s breach of the duty of loyalty and

care, Twins 20 has suffered substantial damages. 81. Uderitz’s conduct was intentional, malicious and reckless. COUNT VII (Breach of the Duty of Loyalty and Care – Hot Corner) 82. Each of the allegations set forth in paragraphs 1 through 45, inclusive, of the

Complaint are incorporated, with the same force and effect as if fully restated. 83. This is a claim by CCMB against Uderitz for breach of the statutory duty of

loyalty and care to CCMB as established under Fla. Stat. § 608.4225. 84. Uderitz intentionally, willfully and in bad faith breached the duty of loyalty by

dealing with Hot Corner for himself while maintaining an adverse interest to Hot Corner. 85. Specifically, Uderitz improperly attempted to extinguish CCMB’s twenty percent

(20%) member and ownership interest in Hot Corner in order to increase his membership and ownership interest in Hot Corner, all for his own economic benefit. 86. Consequently, Uderitz breached the duty of care by engaging in grossly negligent

and reckless conduct, and/or intentional conduct by attempting to extinguish CCMB’s ownership and membership interest in Hot Corner. 87. As a direct and proximate result of Uderitz’s breach of the duty of loyalty and

care, CCMB has suffered substantial damages. 88. Uderitz’s conduct was intentional, malicious and reckless.

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COUNT VIII (Declaratory Relief) 89. Each of the allegations set forth in paragraphs 1 through 45, inclusive, of the

Complaint are incorporated, with the same force and effect as if fully restated. 90. This is a claim by Bucky Dent against TBC for declaratory relief, pursuant to 28

U.S.C. § 2201(a) involving a dispute within the subject matter jurisdiction of this Court. 91. There is a substantial controversy between the parties having adverse legal

interest of sufficient immediacy and reality to warrant the issuance of a declaratory judgment. 92. There is a case of actual controversy within the jurisdiction of this Court, which

currently exists between Bucky Dent and TBC with respect to the parties’ rights and obligations under the putative License Agreement, including the validity and enforceability of the License Agreement, and the termination and breach of the License Agreement. 93. Specifically, Bucky Dent seeks a declaration that: (i) the putative License

Agreement is invalid and unenforceable; and (ii) the License Agreement was properly terminated after being materially breached by TBC. 94. A declaration of the rights of the parties with respect to the enforceability and

validity of the putative License Agreement, and the termination and material breach of the License Agreement will serve the interest of justice. PRAYER FOR RELIEF WHEREFORE, Plaintiffs request: A. On Counts I, II, III, IV and V, (i) the issuance of a preliminary and permanent

injunction, pursuant to 15 U.S.C. § 1116, Fla. Stat. § 540.08 and other law, enjoining and restraining TBC, its agents, employees, representatives, successors, assigns, attorneys and all

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other persons and entities in privity or active concert or participation with them from continued and further infringement of Bucky Dent’s trade name and trademark, the “Bucky Dent Baseball School,” and Bucky Dent’s name, image and other personal attributes; (ii) TBC be ordered, pursuant to 15 U.S.C. § 1118, to deliver up for destruction all products, brochures, signs, prints, uniforms and equipment, advertising, and promotional material or the like in TBC’s possession, custody or under its control bearing the Mark or Bucky Dent’s name; (iii) actual damages sustained by Bucky Dent as a result of TBC’s infringing conduct, including all profits wrongfully received, and commercial exploitation; (iv) treble damages pursuant to 15 U.S.C. § 1117(a), particularly due to the willful and deliberate nature of the infringement; (v) punitive damages; (vi) reasonable attorneys’ fees pursuant to 15 U.S.C. § 1117(a); and (vii) that TBC be ordered to file with the Clerk and serve on Plaintiff, pursuant to 15 U.S.C. § 1116, and within thirty (30) days after issuance of the injunction, a report in writing and under oath setting forth in detail the manner and form by which TBC has complied with the injunction. B. On Count VI, an accounting of Twins 20’s interest in TBC, and an award of

actual and punitive damages against TBC and Uderitz. C. On Count VII, an accounting of CCMB’s interest in Hot Corner, and an award of

actual and punitive damages. D. On Count VIII, a declaration that, (i) the punitive License Agreement is invalid

and unenforceable; and (ii) the License Agreement was properly terminated after being materially breached by TBC. E. F. An award of costs and interest. Such other and further relief and declarations as may be just and appropriate.

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DEMAND FOR JURY TRIAL Pursuant to Fed. R. Civ. P. 38, Plaintiffs demand a jury trial on all issues in this action triable of right by a jury. RESERVATION OF RIGHTS Plaintiffs hereby reserve the right, upon completion of investigation and discovery, to assert such additional claims against defendants and other responsible parties as may be just and appropriate under the circumstances and permitted by the Court. Dated: this 21st day of June, 2012. Respectfully submitted, BUCKINGHAM, DOOLITTLE & BURROUGHS, LLP s/Garry W. O’Donnell Garry W. O’Donnell, Esq. Florida Bar No: 0478148 5355 Town Center Road, Suite 900 Boca Raton, Florida 33486 Telephone: (561) 241-0414 Facsimile: (561) 241-9766 godonnell@bdblaw.com Attorneys for Plaintiffs, Bucky Dent, Twins 20 Enterprises, LLC, and CCMB Enterprises, LLC
«BOCA:290095_v6/74572-0001»

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