According to this article on Sherdog, it looks like Don King Productions pulled the trigger in Florida and is seeking an injunction that would prevent Mayorga's MMA debut against Din Thomas set for this weekend. Here is my quick take.
At the outset, in order to get an injunction you need to demonstrate (among othr things) irreparable harm and a likelihood of success on the merits. It is my opinion that DKP can demonstrate neither. First, the fact that DKP waited six (6) months to bring this action severely undercuts any irreparable harm argument -- irreparable harm is when somebody is about to knock down your house and you need immediate relief. This is not that case. Moreover, DKP has no legitimate claim that it can't adequately be compensated with monetary damages if the fight does go on.
Second, and more importantly, I think DKP loses on the merits. As I posted here last week, the promotional contract at issue is exclusive to professional boxing bouts only and I think the contract favors Shine and Mayorga:
"'WHEREAS, Fighter is a professional boxer and desires to enter into an agreement with Promoter for it to be his exclusive promoter for future bouts;
I. PROMOTION. Fighter hereby grants Promoter the sole and exclusive right to secure and arrange all professional boxing bouts (Individually, a "Bout" and collectively, the "Bouts") requiring Fighter's services as a professional boxer and to secure, arrange and promote all such Bouts . . .
XI. EXCLUSIVITY. In consideration of the obligations of Promoter to secure, arrange and promote Bouts requiring Fighter's services, and to pay Fighter's purses, as provided herein, Fighter agrees that during the term hereof, Fighter shall not participate in any bouts other than Bouts promoted or co-promoted by Promoter or for which Promoter has granted Fighter prior written permission and Fighter shall not render his services as a professional boxer to any person, firm or entity other than Promoter, except with Promoter's prior written permission.'
It is clear from the above (I. PROMOTION) that DKP was only given exclusive rights to arrange and secure professional boxing bouts. It is also clear that Mayorga was only precluded from rendering his services as a "professional boxer" to another entity.
What is a little ambiguous (although I think in the overall scheme of things this would be resolved in favor of Mayorga), is that the first sentence of Section XI precludes Mayorga from participating in any bouts other than (the already defined boxing) Bouts so an argument could be made that bouts (with a little b) is somehow broad enough to preclude Mayorga from participating in an MMA match.
Weighing against this reading, of course, is the fact that Mayorga was only a professional boxer when he entered into the agreement and the fact that DKP was only given the exclusive right in Section I to promote Mayorga's professional boxing bouts -- no other types of bouts. Ultimately, I think Shine has the stronger argument. We will soon find out whether DKP is going to pursue this."
Bottom line, I certainly don't think this language gets you to a likelihood of success on the merits.
The Sherdog article states that the complaint also relies upon language in the promotion agreement providing that Mayorga would not participate in any “'shows, interviews, programs, special events' or any related print, television, and Internet advertising opportunities without DKP’s approval." This language, however, does not mention any "bouts" which is clearly the operative term used in the agreement to describe a fight. To the extent that there is an ambiguity -- I don't think there is, it is apparent from reading the agreement that this language is dealing with media appearances and, in fact, it even appears under the ATTIRE/CLEARANCES heading. Finally, this provision contains a liquidated damage clause, i.e. a clause that provides that for any breach by Mayorga it would be difficult to quantify damages so it sets the amount of damages at a predetermined amount, $15,000. Thus, even if DKP was right that Mayorga was in breach by competing in MMA -- I don't think he is -- all DKP would be entitled to is money damages and the predetermined amount and not an injunction.
The final argument raised in the Sherdog article is that Mayorga could get hurt and that it may have a fight for him later this year. No contract provision is pointed to in support of this allegation.
Fight Lawyer
