After 6 years of aggressive marketing, the partners of the Nikki Beach panama development have parted ways. According to court papers filed by Penrod International, a Panama company Casa de Campo Farallon misused its Nikki Beach trademark to open a resort in December 2010 and finally to misrepresent the nature of their termination in a publication of February 10, 2011.
Eventually, the hotel changed its name to Royalton Playa Blanca, after a management agreement was signed with Blue Diamond, a hotel operations company owned by Sunwing Group of Canada. Panama company RG Hotels announced this change in a March 14 press release which still contained the NB word.
While U.S. courts may be appropriate venue for a legal action under U.S. law, a winning plaintiff could find problems when enforcing a judgment against assets abroad of the foreign defendant unless proper notice of the initial action from the beginning.
The 2007 article gives an idea of the high expections under which the original project was sold to individuals. Thse buyers may be the ones left to lose more as they purchased relying on an internationally known brand of the "sexiest hotel in the world".
Nikki Beach Severs Ties with Playa Blanca Resort
Playa Blanca, Panama (January 2011)
Nikki Beach has severed ties with a condominium hotel project under development in Playa Blanca on Panama’s Pacific Coast.
In 2007, Nikki Beach signed an agreement to operate Nikki Beach Hotel and Resort Playa Blanca, the first condo hotel in this coastal location. The opening was originally scheduled for 2008, but the project was delayed more than two years. The agreement has been terminated and all ties severed. Approximately 80 of the 140 condo hotel units are now finished, and the owner is continuing to market the property as a Nikki Beach Hotel & Resort.
Nikki Beach has no affiliation with the project and does not condone use of the Nikki Beach Trademark which is unauthorized and the subject of litigation.
For further information, please direct all inquiries to Nikki Beach Corporate, 786.515.1130.
Text from Company page http://www.nikkibeachhotels.com/ipage/notice.php cached in Google
Nikki Beach sues owner of Panama hotel
By Jerry Limone
Full text in http://www.travelweekly.com/Travel-News/Hotel-News/Nikki-Beach-sues-owner-of-Panama-hotel/# Nikki Beach drops hotel project in Playa Blanca Panama, Due to non-compliance with brand Standards
February 11, 2011 05:44 PM Eastern Daylight Time
MIAMI BEACH, Fla.--(BUSINESS WIRE)-- Nikki Beach recently severed its ties with a condominium hotel project under development in Playa Blanca on Panama’s Pacific Coast, and has taken legal action against the local developer, Panama’s RG Inmobiliaria, according to Peter Higney, director of operations, Nikki Beach Hotels & Resorts, Miami Beach.
“As a global five-star brand, we set certain standards for the design, construction and operation of our properties”
“As a global five-star brand, we set certain standards for the design, construction and operation of our properties,” Higney said. "We have a responsibility to maintain our brand standards and under no circumstances would we allow the developer to use our brand and misrepresent us to our loyal Nikki Beach customers."
On Thursday Nikki Beach filed an injunction in U.S. District Court in Miami against the Panama developer to prevent the unauthorized use of its name, brand and any other intellectual property belonging to the company.
A growing global hotel and resort operator, Nikki Beach has a strong Hotel Division with offices in Europe and the Middle East. The company has 10 projects in the pipeline in locations such as Croatia, Greece, Cyprus, Qatar, Cape Verde, Thailand, Spain and new projects in the making, added Higney.
Referring to the situation in Panama, Higney said that as of August 2010, the local developer had breached an operating agreement by failing to conform to the brand’s standards, architectural guidelines and operating requirements, as well as by misrepresentation of the brand. Additionally, the developer missed the opening date in 2008.
Consequently, Nikki Beach declared the developer in default, but gave the developer another chance to correct the numerous problems found by an on-site inspection in September 2010. When the developer did not respond, Nikki Beach sent a notice of termination on November 22, 2010.
Without Nikki Beach serving as the “exclusive operator” of the resort as called for in the contract, the developer had no right to open the resort in December, 2010 using the Nikki Beach brands, added Higney, since Nikki Beach had no way to insure quality control over such unauthorized use of its five-star brand. “As a global lifestyle brand firmly growing in the luxury boutique hotel niche, protecting our brand’s standards and intellectual property are paramount issues,” Higney said.
Full text in http://www.businesswire.com/news/home/20110211006243/en/Nikki-Beach-Drops-Hotel-Project-Playa-Blanca
The Daily Business Review
...Panama resort to prohibit use of its name. Miami Beach-based Penrod International, which operates Nikki Beach, claims in a lawsuit filed Thursday in...
02/14/2011 John Pacenti Subscription Required
Penrod International LLC dba Nikki Beach v. Casa de Campo Farallon, S.A. dba Nikki Beach Playa Blanca Resort et al
Date # Docket Text 2/11/2011 6 MOTION for Preliminary Injunction and Supporting Memorandum of Law by Penrod International LLC. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Peretz, Steven) (Entered: 02/11/2011) 2/11/2011 5 Clerks Notice to Filer re: Electronic Case - Documents Improperly Arranged. The Filer did not properly attach the Civil Cover Sheet & Summons. Future filings must comply with the CM/ECF Civil Case Opening Guide. It is not necessary to re-file this document. (vjk) (Entered: 02/11/2011) 2/11/2011 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (vjk) (Entered: 02/11/2011) 2/11/2011 3 Summons Issued as to Casa de Campo Farallon, S.A., Rugiere Galvez. (vjk) (Entered: 02/11/2011) 2/10/2011 2 Judge Assignment RE: Electronic Complaint to Judge Jose E. Martinez (vjk) (Entered: 02/11/2011) 2/10/2011 1 COMPLAINT for Compensatory Damages, Treble Damages, Statutory Damages, Injunctive and Declaratory Relief and Attorney Fees against Casa de Campo Farallon, S.A., Rugiere Galvez. Filing fee $ 350.00 receipt number 113C-3511301, filed by Penrod International LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Civil Cover Sheet, # 13 Summon(s) Casa De Campo, # 14 Summon(s) Rugiere Galvez)(Peretz, Steven) (Entered: 02/10/2011)
Court documents available in:
CASA DE CAMPO FARALLON, S.A.
PRESIDENTE RUGIERE GALVEZ
TESORERO MARUQUEL GALVEZ
SECRETARIO AURISTELA DE NARANJO
VICE-PRESIDENTE MARIO GOMEZ ESTRADA
Industry Insiders: Jack Penrod, Nikki Beach Principal
By Marcy MacDonald December 21, 2009
A family tragedy led entrepreneur Jack Penrod to choose a garden spot at his beach resort and name it after his daughter, Nikki. After some outside influences expressed interest in the location, Penrod decided to allow the garden to be used for parties and events, and it eventually became the well-known Nikki Beach Miami. The empire now includes locations in Cabo San Lucas, Marrakech, Marbella, Koh Samui , New York, Panama, St. Barts and Toronto, to name a few. The avid pilot and diver manages the jet set-friendly brand with his wife, Lucia and talks about the humble beginnings of a nightlife staple after the jump.
Comments by buyers in http://www.blackbookmag.com/comments/industry-insiders-jack-penrod-nikki-beach1/14445#comment-1
Nikki Beach Panama holds "Launching with Stars" http://mensual.prensa.com/mensual/contenido/2008/01/26/hoy/sociales.shtml Photo: Lucia Penrod and Rugiere Galvez, from prensa. comNikki Beach is Coming to Panama
By Mona Sutherland Published: 2007-01-22 Mona Sutherland
Mona Sutherland is the Search Marketing Specialist for WSI Panama.
A key player in the impressive growth of Panama real estate is the recently arrived Nikki Beach. Nikki Beach, created by Michael Penrod, is one of the trendiest beach clubs in Miami, frequented by celebrities and models. Nikki Beach possesses facilities in Miami and Hollywood in Florida, New York City, Saint Bartholomy in the Caribbean, Cabo San Lucas and Puerto Vallarta in Mexico, Marbella in Spain, Sardinia and Saint Tropez in the Mediterranean, in Morroco, and now, in Panama. Two hotel projects will be constructed and will operate under the brand Nikki Beach, one in Playa Blanca and the other at the Amador Causeway.
Michael Penrod, the international representative of Nikki Beach, was in Panama the first week of December to attend the launch of Destiny Real Estate Sales & Marketing. At the launch party, Destiny Real Estate & Sales presented three real estate developments to be constructed in 2007, which will be primarily promoted to the United States market. The three real estate developments represent a combined investment of 110 million dollars.
The project Casa Grande Luxury Beach Community involves a total investment of 60 million dollars over its three stages. The project, administrated by Nikki Beach International, will be located in Playa Blanca and possess a Polynesian style residential community, including a 100-room condo hotel and resort. Construction will commence in January 2007 and the first phase is scheduled for completion in December 2007.
Nikki Beach will construct the Panama Canal Hotel & Spa on the Amador Causeway, between the Yatch Club and the soon-to-be Ghery Museum. Approximately 30 million dollars will be invested in the Panama Canal Hotel & Spa, and construction will begin mid-2007. The arrival of Nikki Beach may attract a new crowd to Panama.
Traditionally, Panama has been an attractive destination for retirees, baby boomers and snowbirds. However, the concept of Nikki Beach is quite distinct from these other groups. Nikki Beach is focused towards an exclusive market: People over 30 with purchasing power that want to have a good time in an exotic, unique environment.
Nikki Beach is exclusive property of Michael Penrod and his family, though at some of their clubs and hotels they do maintain strategic alliances with local investors. Also, they own their own magazine, music division, clothing line and television station.
How did Nikki Beach arrive in Panama? Raul Almeida, Puerto Vallarta’s Nikki Beach representative, reveals that they were in search of new markets when they met Rugiere Galvez, president of Destiny Real Estate, who proposed the ideal. After they visited Panama, the rest was a matter of sorting out the details.
Panama could be the new destination for this exclusive market of “jet setters.” Almeida, stressing the positive economic impact that these projects have on a region’s tourism industry, spoke about the group of individuals that travel to other countries for a weekend’s entertainment, and that Panama could soon become a hit destination for this distinct crowd.
Penrod, who spent his entire visit signing contracts with 5 new hotels that will operate under Nikki Beach, added that they plan to offer a place where tourists and personalities can come during the winter to have a good time.
Pendrod has seen in Panama an “international environment” and believes that Nikki Beach will complement those characteristics. His aspiration is to make “something big” in Panama, such as celebratory parties for film or fashion festivals, such as those in Cannes and Venice.
From panamarealtor. com
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1 comment:
Nikki Beach saw through Rugiere Galvez's Casa de Campo Farallon, S.A., and cut their relationship on time before the Panama company went into bankruptcy http://www.supervalores.gob.pa/informacion-del-mercado/hechos-de-importancia/322-hechos-de-importancia-2015/6160-edicto-emplazatorio-no-141-proceso-de-quiebra-voluntaria-incoado-por-r-g-hotels-inc-y-casa-de-campo-farallon-s-a
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