HRP Myrtle Beach sale enforcement request denied

By Caroline Salls

Pittsburgh, March 30 - HRP Myrtle Beach Holdings, LLC's asset purchaser's request to force the company to close on its $25 million sale was denied Monday by the U.S. Bankruptcy Court for the District of Delaware.

As previously reported, FPI MB Entertainment LLC agreed to purchase substantially all of the assets of HRP's Myrtle Beach, S.C., Hard Rock Park.

According to FPI, HRP Myrtle's former chief executive officer, Steve Goodwin, has since claimed that his company, HRP Creative Services Co., LLC, still owns the park's intellectual property.

FPI said Goodwin has claimed no one else can operate the park without paying Creative Services for its alleged intellectual property.

However, FPI believes Goodwin and Creative Services waived all rights they may have had to the park's intellectual property by failing to object to the sale of the park to FPI.

Additionally, FPI said under intellectual property law, the sale of the park's goodwill necessarily included the park's trademarks and trade dress.

FPI also said the sale of the park as a going concern included all trademarks and trade dress necessary for its reopening in 2009.

HRP is the Myrtle Beach, S.C.-based parent of Hard Rock Park. The company filed for bankruptcy on Sept. 24 in the U.S. Bankruptcy Court for the District of Delaware, and its Chapter 7 case number is 08-12193.

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