PHILADELPHIA — A Texas motorcycle parts designer is suing a Pennsylvania company, alleging it breached contract and withheld property concerning the “Holy Shift” product.
Jose Franco Sattamini, doing business as Indie Crew Customs (ICC) of Austin, Texas, filed a lawsuit Jan. 20 in U.S. District Court for the Eastern District of Pennsylvania against WMI Group Inc., alleging breach of contract and conversion.
According to the complaint, on Sept. 16, 2014, ICC and WMI entered into a contract titled a “memorandum of understanding” ensuring WMI would provide engineering, design, manufacturing, sales, marketing, accounting, management, and other resources in including (but not limited to) legal counseling, at its own cost. ICC claims to have maintained ownership of the “Holy Shift” prototype and its subsequent variations.
The suit says the two parties worked together to manufacture and market “Holy Shift,” and in October 2014, the defendant agreed to pay a monthly consulting fee of $7,000. The plaintiff reports the defendant sent marketing emails concerning the product, whose website was defective.
Crew Customs says it requested to end the business relationship after several allegedly poor marketing endeavors. In June 2015, the suit says, WMI halted paying the monthly consulting fee and has yet to return property to the plaintiff.
Sattamini seeks compensatory damages, consequential damages, pre and post-judgment interest, attorney fees, costs, and an order requiring the return of property to the plaintiff. He is represented by attorney William H. Pillsbury of Offit Kurman.
U.S. District Court for the Eastern District of Pennsylvania Case number 2:16-cv-00243-GAM