Beast Investments LLC vs. Virtual Dining Concepts LLC - Mister Beast sues the distributers of Mister Beast Burger

[mindlessobserver]

What I'm reading is Mr.Beast pulling the fuck away when his fame and money couldn't get his way out of his problems or get the things he wanted with the law like he did in his video/Fortnite Tie-in?, fucking wow.

Maybe. The more charitable reading though is his lawyers fucked up and realized they couldn't actually prove why this contract dispute was a federal issue in the first place. Which means Beast will respond to the State case with his own Torts. Only in this case he will be doing so from the position of the defendant, which is generally not the position you want to be counter suing from.

 

[Breadbassket]

LOL, Beast has withdrawn the lawsuit voluntarily instead of responding to the judges demand they fix their Jurisdiction argument. What a fucking gong show. The State counter suit is still on going though. May have to edit the OP now.

Wyświetl załącznik 5280669

Looking forward to his future "$1 vs $100,000,000 Lawyer!" video.

 

[ZipDisk]

Virtual Dining Concepts is basically ALL the ghost kitchens, they could probably fuck Mr. Beast up the ass from one day of doordash profits. No amount of algo soyface is going to fix this.

Contrary to what some of you are saying, I think Virtual dining concepts is in it for the long haul, they just don't want publicity brought to their brand, and Donaldson pointed a massive spotlight on them and called them shit. They want people to think of them as the quirky thumbnails on doordash, not the intro to pod life.

I would like to know the length of the contract, has that been made public? Be funny if the ghost kitchen outlives the man.

 

[mindlessobserver]

The contracts themselves have not been made public. The only way that happens is if this goes before a jury

 

[Mordecai "3 Finger" Brown]

I tried Beast Burger and his chocolate bar (Canada has no novelty items ever so it's cool when we do get something) and both were mediocre.

Do ghost kitchens operate in Canada?

I'd never even heard of the concept before watching the explanation vid involving Mr. Beast posted here.

I also wouldn't be caught dead using a delivery app, so I guess I wouldn't know the difference anyhow.

 

[ToddleDoddle]

Do ghost kitchens operate in Canada?

I'd never even heard of the concept before watching the explanation vid involving Mr. Beast posted here.

I also wouldn't be caught dead using a delivery app, so I guess I wouldn't know the difference anyhow.

I believe so. Before I even knew what ghost kitchens were I noticed a Mexican place show up on Door Dash that I never heard of. It had a very bare bones website and an IG that had a uncanny valley feel. I checked the address on google maps and it was located exactly where a chain Mexican restaurant I eat at a lot is located. I decided to give it a shot and sure enough it was delivered in a bag from said chain restaurant. I didn't fully understand what was happening at the time but it very much appears to be a ghost kitchen thing. One that operates out of the kitchen of an already existing restaurant.

 

[ole]

As shitty as MrBeast is, anyone building ghost kitchens or anything contributing to the viability of the gig-work-delivery model is much worse for the future of the West. Both concepts are already infecting established restaurants, small business and chains alike. The current restaurant experience is trash unless the place doesn't participate in delivery-apps. The lobby areas are unkempt and under-stocked, staff is maintaining 5 different tablets with incoming orders, clearly far more throughput in most kitchens from only 5 years ago. Many restaurants forfeit seating for an order staging area. Weird pajeets wearing scooter helmets keep opening the door to get an order while I'm trying to enjoy my meal. So I just cook at home, and if I am going to eat out I go to one of very few places that don't do delivery. I hope decent places will continue to hold out on this trend.

 

[Seymour Duncan]

As shitty as MrBeast is, anyone building ghost kitchens or anything contributing to the viability of the gig-work-delivery model is much worse for the future of the West. Both concepts are already infecting established restaurants, small business and chains alike. The current restaurant experience is trash unless the place doesn't participate in delivery-apps. The lobby areas are unkempt and under-stocked, staff is maintaining 5 different tablets with incoming orders, clearly far more throughput in most kitchens from only 5 years ago. Many restaurants forfeit seating for an order staging area. Weird pajeets wearing scooter helmets keep opening the door to get an order while I'm trying to enjoy my meal. So I just cook at home, and if I am going to eat out I go to one of very few places that don't do delivery. I hope decent places will continue to hold out on this trend.

It really has gotten annoying in places. I tried to go for a fancy burger in a busy-but-not-filled restaurant that looked like a 15-20 minute wait, but turned out that the kitchen was absolutely swamped with gig work deliveries and the actual wait time was closer to an hour.

 

[Maude Snew]

As shitty as MrBeast is, anyone building ghost kitchens or anything contributing to the viability of the gig-work-delivery model is much worse for the future of the West.

I believe it to be the opposite. This and other tranny infested children's entertainment outlets are gonna cause so much damage globally, or at least in countries that don't go out of their way to block all that shit. The soulless VC whatevers may be shitty and the taint of Satan but at least they're not that and also aimed at children.

 

[mindlessobserver]

Does anyone have access to the New York State docket? The counter suit by Virtual Dining Concepts is still valid, and Beast has to respond by the 30th or default. It would be in the Supreme Court of New York County. Gonna have to rework the OP thanks to the colossal fuck up by Beasts lawyers, and State Courts are the fucking worst at document transparency. Especially New York State courts.

 

[Gloria The Glorious]

Don't mind me. Just planting my flag for when the counter lawsuit comes up at the worst possible time while Mr. Beast is dealing with Chris.

 

[kurosawa]

Does anyone have access to the New York State docket?

I'm very late to this but looked into it as this was being discussed in Tyson's thread. Jimmy and his attorneys fucked up in a massive way in this case as well.

Cross post from his thread:

Found the state case - its on NY's court website under 'WebCivil Supreme' and index number 653908/2023. The court denied a motion to seal one particular exhibit after they failed to establish good cause to seal the exhibit nor complied by filing an unredacted version of the exhibit under restricted status pending a decision on the motion.

That makes two fuckups by Jimmy & his attorneys (they originally messed up the jurisdiction arguments in the federal case). Some of the counterclaims were dismissed and Virtual Dining Concepts has already filed an appeal. Seriously couldn't happen to a more deserving individual with his "damn transphobes" excuse.

Anyway here's the document they tried to get sealed.

I only did a cursory glance at the court docket and some of the documents. That by far was the most colossal mistake but I'd need to review in more detail.

Contrary to what some of you are saying, I think Virtual dining concepts is in it for the long haul

Had to agree with this - it does appear that Virtual Dining Concepts & associated companies have the funding to go the distance as they've already appealed dismissal of some of the counterclaims.

Attached the ESA (Endorsement and Services Agreement), Letter Agreement (equity deal for MrBeast's grand vision of burger hovels), Jimmy's affadavit, infamous exhibit 147. Might be some stuff I'm missing as I was having issues with my VPN and the stupid recaptcha. I also might have missed it but I'm somewhat surprised (but not really) lawtoobz hasn't picked up on it - I'd also be very careful covering this considering who the subject matter is.

 

[ZipDisk]

Funny enough, I think the current controversy might be the push Virtual Dining Concepts needs to drop Jimmy. They won't want an eternal contract with a pedo defender.

(I meant as a brand, not the lawsuit, they still want to suck all the money out of his corpse)

 

[kcbbq]

I unironically enjoy Prime. I think it tastes like what Gatorade should taste like, but Gatorade always tasted like watered-down shit to me.

It's supposed to taste watered down otherwise it would be overpowering for what it's intended for. Taste gets supercharged after long periods of hard exertion. Endurance athletes sometimes will mix the real stuff (the powder) half strength because of that because the flavor can seem so strong that it can make you puke. It's weird because normally it is so bland.

 

[mindlessobserver]

Cross post from his thread:

Thanks fren! This is what I was looking for! Will go over it all this weekend and rework the OP. This thread is alive. Its Aliiiiiiiiive

For now, here is Virtual Dining Concepts Counter Claim and Jimmies answer are at the bottom.

The TL;DR is Virtual Dining are suing Beast for Breach of Contract, Breach of Letter Agreement, Breach of Good Faith and Fair Dealing, Everyone's favorite tort, THE TURTLE OF INTERFERENCE, and they want a Permanent injunction against Jimmy to make him shut up about them, as well as declaratory judgement for the rest.

It looks like the entire Federal Case was reincorporated into the State case in New York County. They've been fighting over procedure for the last year from my glance over the docket and as @kurosawa pointed out, got absolutely sandbagged. There was some efforts to try and seal the case to prevent anyone from looking into confidential corporate documents, and got denied because Beasts lawyer fucked up. Which is why we now have the entire corporate flow chart of Jimmies company, Docket 147.



After that fighting over Discovery and who gets what, which Beast lost. Virtual Dining gets what it wants for Discovery. Jimmy tried to bring the Anti-SLAAP provision to bar discovery but got batted down since the Judge determined this was primarily a fight over Contracts, not speech. She did opine it was possible to apply to the TURTLE OF INTERFERENCE claim however.

It hasn't gone entirely against Jimmy though. The Judge threw out half of Virtual Dining Concepts counter claim on May 30 over Free Speech concerns.




Those would be
Claim 3: Fair Dealing
Claim 4: The Demand for Injunction to shut up Jimmy (Due to 1st Amendment Concerns)
Claim 5: THE TURTLE OF INTERFERENCE (Due to 1st Amendment Concerns)
Claim 6: Also the Turtle

The Judge is letting the contract counter claims proceed, and the most recent docket entry has Virtual Dining appealing the decision throwing out their demand to shut up Jimmy and the Tortious Interference claim.

Honestly, the Injunction demand was probably what did that in for them. Jimmy's lawyers brought up that he's a Youtube Celebrity whose brand is quite literally his speech. Its impossible to extricate the two. They should have just let the Tortious Interference stand by itself without the implicit demand to combine them with a STFU order.

Anyway, Discovery should be finalized by now as of July 10th, and the Judge wants a case update on August 14


In theory after that we would get a trial date, but since VDC is appealing their Tortious Interference claims getting tossed this could drag on another year.

 

[Napoleon III]

It's interesting to see fake youtube people attempt to be real businessmen. Mr. Beast has the ability to hire a decent lawyer but he is unable to find one it would seem.

 

[mr_negativity]

MrBeast burger is still selling the Chris style burger. They really need to update it to match the times. The new "Kris" style burger is sold as a chicken sandwich, but it's really made of beef. No condiments besides a generous slathering of mayo on top of the meat served in an undersized bun. The Kris style burger is only available from MrBeast burger ghost kitchens operating from food trailers in remote wooded locations.

 

[kurosawa]

Figured I'd throw my analysis on the trademarks which at this point is a subplot but I think has the potential to become a larger issue. This is just my opinion on a "MrBeast Burger" trademark, which may or may not be diminished in future considering what is currently ongoing surrounding his controversies.

The ESA was signed in September 2020 (remember this date). The ESA contains a provision that all IP (intellectual property) is the joint property of both VDC ("Company") & Beast Investments ("Licensor") with exception to "Talent's Attributes" and the provision that it is developed for the brand. Trademarks are IP.



The "Talent's Attributes" is defined in a previous section of the ESA and moderately important.


Generally its a bad idea to allow co-ownership of any IP (patents, trademarks, copyrights, trade secrets) in any joint venture agreement. If its your IP, ie your name as in this case, the safer approach to protecting your brand/legal remedies is exclusive licensing of the IP for a term and/or other restrictions - bounded by geographic region for example. Alternately just create an actual company with IP ownership by both entities - this was the approach they were trying to take but it fell apart. The fact that the "Talent's Attributes" includes the MrBeast name makes it murky.

Failure to protect or restrict the IP is another mistake by Donaldson's attorneys and Donaldson/directors. They had no backup plan for the possibility if the deal fell through and the JV company never came to fruition.

Beast Holdings LLC then applied for 3 trademarks for 'MrBeast Burger' in November 2020 for the US. Those are still pending and eventually VDC started filing trademark applications. So now its a complete mess as to who has trademarks registered or pending in a number of countries. At least according to VDC's counterclaim they were planning to transfer the trademarks to the JV company.

For trademarks - serial number is a filed application and registration number is a registered mark.

Original applications by Beast Holdings LLC.

County & Serial Number​	Application Date​
US Serial Number 90327242 (A)	Nov. 18, 2020
US Serial Number 90327247 (A)	Nov. 18, 2020
US Serial Number 90327253 (A)	Nov. 18, 2020

Spoiler: VDC 'MrBeast Burger' registered trademarks & applications in process

Country & Registration Number​	Application Date​
UAE Registration Number 377553 (A)	June 8, 2022
UK Registration Number UK00003588022 (A)	February 1, 2021
UK Registration Number UK00003670746 (A)	July 20, 2021
New Zealand Registration Number 1236535 (A)	May 5, 2023
Philippines Registration Number 511572 (A)	May 16, 2022
EU IPO Registration Number 018387355 (A)	February 1, 2021
EU IPO Registration Number 018643615 (A)	January 24, 2022
Canada Registration Number TMA1187193 (A)	January 28, 2021
Bahrain Registration Number 1/140236 (A)	September 10, 2023
Singapore Registration Number 40202211156Q (A)	May 17, 2022

Country & Serial Number​	Application Date​
Mexico Serial Number 0119852817347 (A)	September 15, 2022
Malaysia Serial Number TM2022012056 (A)	May 17, 2022
Thailand Serial Number 220119375 (A)	June 6, 2022

Spoiler: Beast Holdings LLC 'MrBeast Burger' foreign trademark applications

Country & Serial Number​	Application Date​
Brazil Serial Number 501700241 (A)	July 13, 2022
Canada Serial Number 2226612 (A)	July 13, 2022
Australia Serial Number 2320458 (A)	July 13, 2022
Philippines Serial Number M1001700241 (A)	July 13, 2022
Australia Serial Number 2348637 (A)	April 12, 2023

Beast Holdings also applied for the mark through the Madrid System (basically designate countries to submit a trademark application in).
Madrid WIPO Registration Number 1700241 (A) - most states rejected it and some of them were really funny - China and India being the best. I'm not sure why you'd bother with China and in India some brave saar already trademarked MrBeast's name/logo.

I mean seriously India? This is the mark they used as the basis of the rejection. First world power, sure.