December 22, 2023
The Plaintiffs, a marketing company and its owner, alleged that our clients, Fanmio, Inc. (an online platform that connects fans with celebrities through live video “meet and greets”) and its President, breached an oral agreement to pay the Plaintiffs an amount equal to “10% of the revenues” that Fanmio, Inc. allegedly received in connection with a pay-per-view exhibition boxing match on June 6, 2021 between former professional boxer Floyd Mayweather and YouTuber Logan Paul. Defendants denied the existence of an oral agreement.
During his deposition, the Plaintiff owner testified that when the alleged oral agreement was formed, the parties never discussed or agreed upon the meaning of the term “revenue”, and whether it meant “gross revenue” or “net revenue” or something else. Accordingly, we argued on summary judgment that Plaintiffs’ failure to discuss or define the meaning of “revenue” was fatal to Plaintiffs’ oral contract claims because there was never a meeting of the minds between the parties on an essential and material contract term (e.g., price). Thus, absent the mutual and reciprocal assent between the parties regarding the meaning of “revenue”, there was no method for calculating the monies owed under the alleged oral agreement.
The Court adopted our argument, dismissing the Plaintiffs’ breach of contract claims, as well as Plaintiffs’ claim for unjust enrichment against Fanmio Inc.’s President. The case is Protocol Higher Ground, Inc. et al. v. Fanmio, Inc. et al. (Case No.: 2022-021677-CA-01).