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
Status
Open
Next court date
None on file
Last filing
Sep 6, 2024No. 15 · DECISION + ORDER ON MOTION (Motion #001) -- default judgment motion DENIED and action DISMISSED for lack of…
Judge
Justice Gerald Lebovits
Parties
Plaintiffs
Charles Kenyatta Jr.Self-represented, pro se; filed the original summons and complaint 01/23/2024.
Act Bad LLCLimited liability company; co-plaintiff with Charles Kenyatta Jr.
Defendants
Sean Combs a.k.a Diddy
Bad Boy Entertainment LLC/Bad Boy Part 4 LLCListed by the court as a single defendant entry; no counsel of record recorded.
Factual Allegations
Disclaimer: allegations as pled by the plaintiff, summarized with the help of AI.
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.
Court Dates
Date
Type
Description
Apr 18, 2024
Other
Motion for enforcement (Mot. Seq. 1); submissions only, no appearance; fully submitted - no opposition
Docket
Date
No.
Description
Jan 23, 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.
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.