Case #650377/2024 · N.Y. Sup. Ct., New York County

Charles Kenyatta Jr. and Act Bad LLC v. Sean Combs and Bad Boy Entertainment LLC/Bad Boy Part 4 LLC

Filed N/A Justice Gerald Lebovits
Open
Parties
Factual Allegations
Disclaimer: allegations as pled by the plaintiff, summarized by Grok.

Kenyatta, incarcerated at Collins Correctional Facility and proceeding pro se, alleges he is sole owner of the "Act Bad" trademark/brand and that Combs recorded a song titled "Act Bad," sold "Act Bad" branded merchandise (T-shirts, hats), and used "ACTBAD" as a social-media handle/hashtag/bio -- all without a validly executed contract. He says a contract was negotiated between the parties' respective lawyers (his counsel Andrew Covington, Combs' counsel Pamela Gurley) but that he never signed it -- he was incarcerated and any agreement needed to go through his power of attorney -- and that a dispute arose over an unauthorized third party's name appearing on the draft and unfavorable royalty terms. He alleges Combs and an unnamed "John Doe" performed the song together on stage and that Combs publicly credited him ("shout out to Mr. Act Bad @charliecee") while marketing merchandise without his consent. Sought $10 million for breach of contract, trademark infringement, and conversion. The case never reached the merits: Kenyatta moved for default judgment, but his own filed affidavits showed neither Combs nor Bad Boy Part 4, LLC had ever actually been served, and the court dismissed the entire action for lack of personal jurisdiction on that basis (09/04/2024). Not sexual-assault-related -- an IP/contract dispute over merchandise and songwriting credit.

Docket
Date No. Description
Jan 25, 2024 1 SUMMONS + COMPLAINT *Corrected*. Filed by Charles Kenyatta Jr. (pro se), Collins Correctional Facility. Alleges breach of contract and trademark infringement -- Kenyatta claims sole ownership of the "Act Bad" trademark/brand and alleges Combs recorded a song titled "Act Bad," sold "Act Bad" merchandise, and used the ACTBAD branding on social media without a validly executed contract (Kenyatta, incarcerated, says he never signed; a contract was allegedly negotiated between the parties' lawyers -- Kenyatta's counsel Andrew Covington and Combs' counsel Pamela Gurley -- but a dispute arose over another individual's name appearing on the contract and unfavorable royalty terms). Seeks $10 million. No document
Jan 23, 2024 2 RJI -- re: Notice of Motion / Complaint. No document
Mar 24, 2024 3 Affirmation/Affidavit of Service. No document
Apr 23, 2024 4 Complaint (Amended) *Corrected* -- returned for correction. No document
Apr 23, 2024 5 Summons (Pre-RJI) (Amended) *Corrected* -- returned for correction. No document
Apr 10, 2024 6 Notice of Motion (Motion #001) *Corrected* -- motion for default judgment. No document
Apr 9, 2024 7 Exhibit 1 (Motion #001) -- Contract. No document
Apr 9, 2024 8 Exhibit 2 (Motion #001) -- Selling Merch. No document
Apr 9, 2024 9 Exhibit 3 (Motion #001) -- Act Bad Gear. No document
Apr 9, 2024 10 Exhibit 4 (Motion #001) -- Trademark. No document
Apr 24, 2024 11 Order to Show Cause (Proposed) -- returned for correction. No document
May 1, 2024 12 Affirmation/Affidavit of (Non-)Service -- on defendant Bad Boy Part 4, LLC. No document
May 3, 2024 13 Affirmation/Affidavit of (Non-)Service -- on defendant Sean Combs. No document
May 3, 2024 14 Affirmation/Affidavit of (Non-)Service -- on defendant Sean Combs. No document
Sep 4, 2024 15 DECISION + ORDER ON MOTION (Motion #001) -- default judgment motion DENIED and action DISMISSED for lack of personal jurisdiction due to improper service. The court found plaintiff's own motion papers (Docs 12-14) showed defendants were never served at all, let alone in compliance with CPLR 308/311-a or LLC Law §303, citing Macchia v Russo, 67 NY2d 592. Case disposed. Before Justice Gerald Lebovits. No document