Zuleyka Rivera has won a victory in the lawsuit against Kress Stores of Puerto Rico Inc. in the United States Court of Appeals for the First Circuit.
This high-level forum concluded that the U.S. District Court for the District of Puerto Rico made an error for which it overturned its order to dismiss the case and justified the return to new trials based on Miss Universe 2006’s lawsuit against Kress Stores and its Chief Executive Officer Mark Berezdivin for breaching the commercial agreement signed on August 5, 2009, the actress also said in a press release.
The part added that the agreement was modified by an oral agreement that allowed him to use his name, competition title, image and likeness for the development and promotion of branded goods and perfumes, among others. In return, Rivera would receive a fixed sum by right.
The initial term of the contractual agreement was two years, however, upon expiration, Kress Stores has exercised the contractual option to extend it for a further year (until August 2012) at a fixed annual fee. Thereafter, through August 2018, annual payments continued at the previously agreed level for each verbally extended “contract year.”
It has been stated that in 2018 Kress Stores failed to pay Rivera the stipulated annual stipend. Instead, he attempted to renegotiate the amount of compensation, which failed, and in March 2020 a statement of payments due and a cease and desist letter was sent to Kress Stores.
Kress Stores and Berezdivin subsequently acknowledged the debt to Miss Universe 2006, made a partial payment, and announced that they intend to settle the debt under a revised payment schedule. They also claimed that they no longer had any of the plaintiff’s branded items on hand. Meanwhile, the Prado law firm, headed by Edwin Prado Galarza, assured Rivera that Kress Stores will continue to stock and market its branded products in its physical and online stores. The former universal queen has never agreed to a revised payment plan.
In the millionaire lawsuit filed, Rivera is seeking the money owed plus damages. caused by the improper use of his name and likeness.
With this victory in the United States Court of Appeals for the First Circuit, costs and fees were determined to be in favor of the plaintiff, who will continue the case in the United States District Court for the District of Puerto Rico for breach of contract and damages.
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