Knight-McDowell v. Rival Group, LLC et al

Filing 4

First AMENDED COMPLAINT against All Defendants with Jury Demand, filed by Gladys Knight-McDowell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Bussert, Christopher) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form.

EXHIBIT B

a

KILPATRICK
TOWNSEND

KILPATRICK TOWNSEND & STOCKTON LLP
www.kilpatricktownsend.com

ATTORNEYS AT LAW

Christopher P. Bussert
Suite 2800,1100 Peachtree Street NE
Atlanta, GA 30309-4528
t 404 815 6500 f404 815 6555

July 21, 2016

direct dial 404 815 6545

VIA EMAIL AND UPS
Mr. Shanga Hankerson
President and Chief Executive Officer
Gladys Knight Chicken and Waffles Concepts
1259 Willis Mill Road, SW
Atlanta, GA 30311-2438
E-mail: shangahankersonQgmail.com
Re:

Termination of Licensing Arrangement

Dear Mr. Hankerson:
Our law firm represents your mother, Gladys Knight-McDowell
in intellectual property matters. As you know, your mother and
the Rival Group L.L.C. ("Rival") were parties to a "Letter
Agreement" dated March 4, 1999 pursuant to which your mother
granted permission to Rival to use her name and likeness in
connection with a food service business that specializes in
Southern cuisine.
In accordance with that Agreement, we
understand Rival was involved in the operation of certain Gladys
Knight Chicken and Waffles restaurants including three currently
in existence in Atlanta and Lithonia (collectively the
"Restaurants"). As you are also aware, your mother further
provided Rival permission to use certain proprietary recipes and
memorabilia items in connection with operation of the
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Restaurants.
As you are further aware, the Letter Agreement was for a
10-year term and was not renewed as provided in Paragraph 8 of
that Agreement. As a result, the Letter Agreement expired on
March 4, 2009. After March 4, 2009, your mother continued an
informal license arrangement with you and related business
entities including Rival, pursuant to which you and these
business entities were permitted to continue using her name,
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ATLANTA AUGUSTA CHARLOTTE DENVER LOS ANGELES NEW YORK RALEIGH SAN DIEGO SAN FRANCISCO
SEATTLE SHANGHAI SILICON VALLEY STOCKHOLM TOKYO WALNUT CREEK WASHINGTON WINSTON-SALEM

Mr. Shanga Hankerson
July 21, 2016
Page 2
likeness, recipes and memorabilia in connection with the
operation of the Restaurants, provided that the goods and
services provided in connection with the operation of the
Restaurants by you and Rival were at least equivalent to those
that Rival was required to provide under the Letter Agreement.
We are advised that your mother has recently contacted you
and orally advised you that she is terminating all rights of
you. Rival and any other business entity with which you are
involved to' continue using her name, likeness, recipes and
memorabilia in any manner in connection with the Restaurants or
any other food service business. We are writing to ensure that
you have written notice of this termination for your file.
We are further advised that neither you nor Rival or any
other business entity with which you are involved are currently
in possession of the Restaurants and that they are currently
being operated by the State of Georgia pursuant to the action
the State of Georgia has initiated captioned State of Georgia ex
rel. Tracy Graham Lawson, district attorney of Clayton Judicial
Circuit V. Shanga Hankerson, et al., Civil Action File 2016-cv02428-6, which is currently pending in the Superior Court of
Clayton County of the State of Georgia (the "Civil Action").
Please be advised that we will be contacting the State of
Georgia to demand that it immediately cease use of your mother's
name, likeness, memorabilia and recipes in any manner in
connection with the operation of the Restaurants. We understand
that you and your related business entities may be attempting in
the Civil Action to regain control of the Restaurants.
In the
event you are successful in doing so, we will be in contact with
you and your related business entities in connection with fully
implementing termination of the parties' license arrangement to
ensure that your mother's name, likeness, recipes and
memorabilia are no longer used by the Restaurants.
Please let me know if you have any questions regarding any
aspect of this letter.
^

cc: Ms. Gladys Knight-McDowel
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