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VCURamFan
05-11-2010, 03:22 AM
And not in a good way:

From Sherdog.com -
Don King Productions filed for injunctive relief against MMA promotion Shine Fight Promotions on Friday, asking a Broward County Court to prevent boxer Ricardo Mayorga (http://www.sherdog.com/fighter/Ricardo-Mayorga-64133)’s participation in Shine Fights 3 “World Collide” (http://www.sherdog.com/events/Shine-Fights-3-Worlds-Collide-12780) this Saturday at the Crown Coliseum in Fayetteville, N.C. DKP has also filed a separate complaint seeking a jury trial on the matter.

According to the legal documents obtained by Sherdog.com, DKP claims Mayorga is in violation of an exclusive contract it has with the boxer, who is scheduled to face former UFC lightweight contender Din Thomas (http://www.sherdog.com/fighter/Din-Thomas-1301) in Saturday’s headlining MMA bout.

In its filings, DKP cites excerpts taken from Mayorga’s promotional agreement with the organization dated October 1, 2009, which states: “Fighter shall not participate in any bouts other than bouts promoted or co-promoted by Promoter or for which Promoter has granted Fighter prior written permission.”

Additional excerpts provided in the motion state Mayorga and his staff may not attend or participate in any “shows, interviews, programs, special events” or any related print, television, and Internet advertising opportunities without DKP’s approval.

In a copy of Mayorga’s promotional agreement provided by DKP with its motions, the contract states the promotion has “sole and exclusive rights to secure and arrange all professional boxing bouts” for Mayorga.

DKP issued the Florida-based Shine Fights two cease and desist letters on April 20 and April 27, demanding it remove Mayorga and any mention of the boxer from both its May 15 roster and related advertising. Shine Fights CEO Devon Price responded last Wednesday that the bout would proceed as planned.

"Shine Fights has a valid and exclusive promotional contract with Ricardo Mayorga for mixed martial arts," Price said in a prepared statement.

However, in its April 27 letter to Shine, DKP states that Mayorga’s proposed MMA bout includes the discipline of boxing, of which it believes it has the exclusive rights to promote the fighter.

“We assert our exclusive promotional rights over Ricardo Mayorga in any sport having to do with boxing,” read the letter.

In addition to Mayorga’s alleged breach of contract, DKP’s motion also claims Shine Fight Promotions conducted in “tortuous conduct” to acquire Mayorga’s services and that the boxer’s participation in Saturday’s bout could damage Mayorga’s body and his reputation.

“Specifically, Mayorga has never participated in an MMA event which substantially increases the likelihood that he will be injured in this MMA event and will result in Mayorga being unable to perform his contractual obligations,” read DKP’s motion. “Given the violent nature of MMA events, there is substantial risk and it is entirely realistic to conclude Mayorga may be injured if he participates.”

The motion also argues that if Mayorga loses to or is injured by Thomas, it will “substantially impair” the boxing organization’s ability to promote Mayorga moving forward. DKP states that it has already secured Mayorga’s next boxing assignment against current WBA World Middleweight Champion Felix Sturm in August or September 2010.

Representatives for both DKP and Shine Fight Promotions were not immediately available for comment.

rearnakedchoke
05-11-2010, 03:40 AM
i guess dana would do the same thing if anderson tried to go around him and sign to fight RJJ ... he wouldn't have it ... don king is smart to stop this .... unless you wanna give him a cut ... only in america ... LOL ... chances are, din is gonna school ricardo .. so it makes sense not to have this staged

J.B.
05-11-2010, 04:08 AM
And not in a good way:

:laugh::laugh::laugh::laugh::laugh::laugh::laugh:: laugh::laugh::laugh::laugh::laugh::laugh::laugh::l augh::laugh::laugh::laugh::laugh::laugh::laugh::la ugh::laugh:

J.B.
05-11-2010, 04:13 AM
i guess dana would do the same thing if anderson tried to go around him and sign to fight RJJ ... he wouldn't have it ... don king is smart to stop this .... unless you wanna give him a cut ... only in america ... LOL ... chances are, din is gonna school ricardo .. so it makes sense not to have this staged

Yup, and at first glance I would reckon that King has the legal upper hand.

I actually read reports that say Mayorga IS off the card, so I am putting my money on Don King in this one....:laugh:

VCURamFan
05-11-2010, 11:36 AM
Yup, and at first glance I would reckon that King has the legal upper hand.

I actually read reports that say Mayorga IS off the card, so I am putting my money on Don King in this one....:laugh:
I don't know much about the legality of all this, I but wouldn't be surprised if Shine just caves because they can't afford all the costs associated with a legal battle.

KevinD
05-11-2010, 01:09 PM
in the end, does anybody really care to see Mayorga tap inside of two minutes? better he stay home and work on his sinking boxing career.

Bobby71
05-11-2010, 01:18 PM
in the end, does anybody really care to see Mayorga tap inside of two minutes? better he stay home and work on his sinking boxing career.

I was going to say, does it really matter? Shine fights wont sell 100,000 ppvs either way, so who cares?

VCURamFan
05-11-2010, 03:51 PM
Here's an exceprt from an article by MMAPayout.com:


In the piece, Hunt reveals that Don King Promotions issued two cease and desist orders to Mayora and Shine Fights; one on April 20th and one a week later on April 27th. When Shine Fights rejected the notice, King filed the injunction.
The legal rationale from King’s perspective is that he has an exclusivity clause that prohibits Mayorga from participating in any other boxing promotions and MMA involves boxing. Therefore, participating on the Shine Fights card would constitute a breach. (I’m not a lawyer, but I’d love to see this logic to applied to Section 83 of Canada’s Criminal Code…but that seems unlikely.)
While I’m not convinced that the exclusivity argument will hold, I do think King has a legitimate gripe in the sense that this MMA fight could potentially impact the ability of Mayorga to perform his contract with King in the future. If King can prove that the original intent of the exclusivity clause was to prohibit Mayorga from all forms of fighting, he may be able to secure the injunction.
But again, I’m not a lawyer and this is moving away from my area of expertise.
I think that this is a really good point & probably what will give King the decision victory (see what I did there?).

Also, are there any Canadians out there that can explain what "Section 83 of Canada’s Criminal Code" is to all us Americans? Sounds like a bit of an inside joke about something that's been in y'all's news recently.

J.B.
05-11-2010, 04:35 PM
I don't know much about the legality of all this, I but wouldn't be surprised if Shine just caves because they can't afford all the costs associated with a legal battle.

You are probably right on the money, but I think they may end up dropping it. These guys don't really wanna go to war with Don King. :laugh:

rearnakedchoke
05-11-2010, 04:42 PM
Section 83 of the CCC basically says any fight other than a boxing match is illegal ... which needs to be updated as MMA is currently sanctioned in a few provinces ...

VCURamFan
05-11-2010, 07:08 PM
Section 83 of the CCC basically says any fight other than a boxing match is illegal ... which needs to be updated as MMA is currently sanctioned in a few provinces ...
O, I gotcha. So in other words the author is questioning whether MMA could somehow be legal because it has elements of boxing in it? Seems like kinda a stretch to me...:unsure: