Fullplay Files Suit Against Trans World Entertainment; Alleges Breach of Contract and Duty of Good Faith and Fair Dealing.Business Editors BELLEVUE, Wash.--(BUSINESS WIRE)--June 24, 2003 Fullplay Media Systems, Inc. announced today that it has filed suit against Trans World Entertainment Trans World Entertainment Corporation is a chain of entertainment media retail stores in the United States. It currently operates over 800 freestanding and shopping mall-based stores under several brand names. Systems (Nasdaq:TWMC TWMC Tunbridge Wells Motor Club (UK) ) as part of its Chapter 11 Bankruptcy filing in the United States Bankruptcy Court bankruptcy court n. the specialized Federal court in which bankruptcy matters under the Federal Bankruptcy Act are conducted. There are several bankruptcy courts in each state, and each one's territory covers several counties. for the Western District of Washington at Seattle claiming breach of contract and the duty of good faith and fair dealing. "Fullplay's action against Trans World alleges that Trans World has willfully willfully adv. referring to doing something intentionally, purposefully and stubbornly. Examples: "He drove the car willfully into the crowd on the sidewalk." "She willfully left the dangerous substances on the property." (See: willful) and deliberately frustrated Fullplay's ability to sell its technology to other customers and raise investment capital," said Dennis Tevlin, CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. of Fullplay. "We believe Trans World used its size and market power to prevent other companies from benefiting from Fullplay's technology in the hopes of sustaining an unfair competitive advantage and drive Fullplay out of business." In April of 2002 Fullplay entered into a non-exclusive agreement to sell Trans World listening and viewing stations (LVS LVS Linux Virtual Server LVS Live Vaccine Strain LVS Las Vegas, New Mexico (Airport Code) LVS Low Voltage Switchgear LVS Logistical Vehicle System LVS Laser Vibration Sensor LVS Logistics Vehicle System ) for its FYE FYE For Your Entertainment FYE First Year Experience FYE Fiscal Year End FYE Funding Your Education FYE For Your Eyes (CSD-TV magazine) FYE For Your Enjoyment FYE Full Year Effect FYE First Year Enrichment FYE For Your Edification stores. Other than providing a unique shape and color for the external shell of the LVS unit, there were no restrictions placed on Fullplay's ability to make, use, or sell the LVS technology. Since this agreement was executed, Trans World has received approximately 16,000 LVS devices from Fullplay. In September of 2002 Fullplay entered into a non-exclusive agreement providing Trans World a license for 20,000 copies of Fullplay's digital media software customized for the LVS. In this agreement, Trans World acknowledged that Fullplay retained all copyright, patent, moral, trade secret, trademark, title and other proprietary and intellectual property rights in the software, documentation, and components thereof. Since the installation of the LVS devices was completed in some 600 FYE stores, Trans World has touted the LVS system and disclosed impressive results in its quarterly earnings calls with the investment community. These results include increasing same store sales Same Store Sales A statistic used in retail industry analysis. It compares sales of stores that have been open for a year or more. Notes: This statistic allows investors to determine what portion of new sales has come from sales growth and what portion from the opening of by 5%, exposing more than 20 million customers to the systems each month, doubling the average time a customer spends in stores, and increasing the amount of product purchased on average by 39%. "It is now abundantly clear that, based on the overwhelming success of this system, Trans World seeks a retroactively exclusive deal, violating both the spirit and the contractual terms of our agreement with them," said CEO Tevlin. "Trans World's breach of contract and their tactic of intimidation have caused us significant damages. We plan to seek an injunction to prevent them from using our software, effectively disabling the system, and we will seek the maximum amount of damages at trial." For more information contact Richard Barber at 425/653-5505 or email us at pr@fullplaymedia.com |
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