MIAMI -- April 2, 2003 -- The creators of the Go Goddess! board game are suing Hasbro Inc., the world's premiere game manufacturer, for defaulting on a five-year licensing agreement that was established in March 2002. The agreement provides Hasbro with an exclusive right and license to make, distribute and sell the Go Goddess! board game throughout the United States and Canada.
The Go Goddess! game is based on the positive experiences of its Miami-based creators, Elaine Berkowitz, Ruth Robles and Kelley Werner, who first organized a meditation group for women called the "Goddess Group" in 1991. The group, which met every other week to participate in exercises and discussions about women's issues, developed into a strong support system that led to tremendous gains in personal growth, insight and positive transformations of character for the women. The Go Goddess principles designed the game, in 1997, to assist others in recreating the Goddess Group experience.
Prior to entering into discussions with Hasbro in early 2000, Go Goddess independently launched the Go Goddess! game in October 1999 through select Saks Fifth Avenue, Neiman Marcus, Fred Segal and Henri Bendel retail locations. The game enjoyed instant success, receiving extensive national media coverage from broadcast and print outlets.
According to the lawsuit filed by attorneys Abbey L. Kaplan and Michael Chesal with Florida-based Kluger, Peretz, Kaplan & Berlin, PL, Hasbro's commitment included manufacturing, advertising and promoting the board game, resulting in guaranteed minimum royalties of $454,185.00 for the term of the agreement. The suit claims that Hasbro failed to meet several contractual obligations, including paying the minimum royalties for 2002 and using its best efforts to advertise and promote the Go Goddess! game. Hasbro's delays in the manufacturing and delivery of the game resulted in the loss of substantial orders. The suit also claims Hasbro improperly designed and manufactured modifications to the Go Goddess! game, ultimately harming the sales, reputation and future licensing opportunities of the Go Goddess! brand.
"It has been heartbreaking for my client to see their creation falter due to lack of action on the part of the 'game experts' at Hasbro," said Kaplan, co-chair of the Litigation & Dispute Resolution Group at Kluger, Peretz, Kaplan, & Berlin. "Despite Hasbro's promises about advertising, promotion and sales, Hasbro utterly failed to fulfill any of its contractual duties. Our hope is that Hasbro will recognize their obligations and embrace the full potential of the Go Goddess! game."
Five counts were included in the complaint filed in the Circuit Court of the Eleventh Judicial Circuit in Miami-Dade County. They are: (1) breach of contract, (2) anticipatory breach of contract, (3) negligent inducement, (4) breach of fiduciary duty, and (5) declaratory relief.
About Kluger, Peretz, Kaplan & Berlin, P.L.
Kluger, Peretz, Kaplan & Berlin, P.L. (http://www.kpkb.com) engages principally in the practice of commercial litigation and dispute resolution, bankruptcy and creditors rights issues, intellectual property litigation and transactions, and corporate and real estate transactions. The firm's headquarters are located at The Miami Center, Seventeenth Floor, 201 S. Biscayne Blvd., Miami, FL 33131.
