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Drew Brees Mom sues Houston restauranteurs for the right to their DBAs.*Passes away*

Discussion in 'Off-topic Zone' started by WoodysGirl, Jul 28, 2009.

  1. WoodysGirl

    WoodysGirl Do it for the Vine! Staff Member

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    Restaurants not happy at what lawyer serving



    By MIKE TOLSON Copyright 2009 Houston Chronicle

    July 28, 2009, 9:23PM

    Scores of Houston restaurant owners received a letter from an Austin attorney last week offering them the “opportunity” to purchase one thing that all believed was already and irrefutably theirs — their name.

    The letter, addressed “to whom it may concern,” informed the restaurateurs that their assumed names on file with the Harris County Clerk had expired. The new owner of all these names, a company called Chicksports Inc., was willing to sell each one back. The price? Some owners were told $25,000, others $20,000. The letter ended with what some considered a threat.

    “If you have not contacted me by email or phone by August 14, 2009, Chicksports will explore its legal options for your use of the assumed name it now owns or contact other parties interested in owning the reservation of the right to this assumed name,” attorney Mina Brees wrote.

    Brees, the mother of NFL quarterback Drew Brees, also happens to be the president and registered agent for Chicksports. She did not return phone calls from the Chronicle, but in a brief e-mail Brees said that her client does not plan to maintain control over most of the names. Assumed names expire after 10 years.

    “My client intends to release any assumed names it reserved in the next week or so, because it has selected the assumed name it wishes to use for its business,” Brees said in her e-mail. “However, it is important to know that once an assumed name is released, other individuals or entities will have the opportunity to reserve that name.”

    Brees did not explain why she applied for the expired names or describe the nature of the business Chicksports was pursuing.

    ‘I was panicked at first'
    Local restaurateurs did not know what to make of the letter.

    Many were alarmed at first, fearing they could lose control of their public identity.

    “The first thing I thought was, ‘Oh my God, what is this?' I have heard such horror stories over the years,” said Elouise Adams Jones, owner of Ouisie's Table near River Oaks. “I was panicked at first. I thought I had missed something terrible. My assumed name had expired, so that made me concerned that I had a problem.”

    Word spread quickly
    Carmelo Mauro, owner of Carmelo's Italian Restaurant in west Houston, said he was “shocked” by the letter — and by the notion of paying someone to keep using a name that has been on his sign since 1981.

    “The first reaction is, ‘No way I will pay $25,000,' ” Mauro said. “I will change the name to Carmelo's Cucina Italiano or something else. You start thinking so many things.”

    Mauro did not know whether the letter was serious, but he was worried enough to call the Texas Restaurant Association. Over the next few days he found out that other local restaurateurs had received similar letters. Some of them had been offered their names back for “only” $20,000.

    Calls and e-mails quickly went out from one owner to another and then to the restaurant group. Its general counsel, Glen Garey, was stunned when he finally read a copy of Brees' letter. It contained an ominous message, underlined and in all capital letters, at the top: “This letter contains information which is important to your business entity.”

    “I was almost shaking I was so mad when I saw that letter,” Garey said. “I'm a member of the bar, and it's embarrassing for someone in our profession to do something like that.”

    He reassured members that the letters carried no weight and posted an alert advising as much on the association's Web site.

    “DO NOT PAY …” Garey wrote in capital letters. “The assumed name statute says clearly that there is no need to file an assumed name if your corporate name is your business name … .”

    The owners' own lawyers reassured them with similar advice. Jeffrey Horowitz, who represents the owners of Shade, a restaurant in Houston Heights, said the letter made little sense from a legal standpoint.

    “It looks like a weak attempt to do something like cyber squatting, but the law in Texas is such that — with trade names and trademarks — first use usually prevails,” Horowitz said. “Why they would send a letter like that … doesn't make any sense unless they were trying to take advantage of a restaurateur who does not know the law.”

    Not her first publicity
    Geary said he made no attempt to contact Brees. So far, he said, the restaurant association has not taken any action against her.

    “I figured any attorney who would do something like that would not be disabused of their plans by a simple phone call,” he said.

    Brees was an unsuccessful Democratic candidate for the Texas Court of Appeals in 2006. She gained a dollop of national publicity when her son, who plays for the New Orleans Saints, demanded that she stop using him in her television campaign commercials.

    Drew Brees characterized their relationship as “nonexistent,” and told the Austin American-Statesman at the time that as he had gotten older he had become more aware of his mother's “lies and manipulation.”

    mike.tolson@chron.com
  2. numnuts23

    numnuts23 Active Member

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  3. Bob Sacamano

    Bob Sacamano Benched

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    sneaky *****
  4. CowboyFan74

    CowboyFan74 RAWR

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    Names expire after 10 years???:confused:
  5. WoodysGirl

    WoodysGirl Do it for the Vine! Staff Member

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    DBAs do.
  6. Sam I Am

    Sam I Am Unfriendly and Aloof!

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    If you're still running as a DBA (sole proprietor or the like) after 10 years, you've ... well. That would be an odd situation. Within 10 years, you should have at least applied for some type of protected ownership. (LLC, Incorporated, etc) If you haven't done that, you would think that your business would have failed within a 10 year span if it hadn't grown enough to require LLC or incorporating from a liability or tax stand point.
  7. Jon88

    Jon88 Benched

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    [IMG]

    That's the picture of the *****.
  8. Faerluna

    Faerluna I'm Complicated

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    She looks like a man in drag. NTTAWWT.
  9. Joe Rod

    Joe Rod When Keeping it Real Goes Wrong

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    The Face of Evil
  10. cowboyfan4life_mark

    cowboyfan4life_mark 5 outta 8 ain't bad

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    Yes, and yours has expired, and I own it now.

    Want it back? NO!!

    Well ok, for $30,000.00!!!! :money: :showme: :jackpot:
  11. Hostile

    Hostile Peace Zone Supporter

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    That is a load of crap.
  12. Faerluna

    Faerluna I'm Complicated

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    I wanted to bump this up and add the following story. I know this news was also posted on another thread, but I wanted to add it to this thread since she was just on the radar.

    http://sports.myway.com/news/08102009/v7989.html

    [FONT=Verdana,Sans-serif]Deputy Coroner: Drew Brees' Mother Dies in Colo.

    [/FONT][FONT=verdana,sans-serif]HOT SULPHUR SPRINGS, Colo. (AP) -A medical examiner says Mina Brees, the mother of New Orleans Saints quarterback Drew Brees, has died in western Colorado. [/FONT][FONT=verdana,sans-serif] Grand County chief deputy coroner Cindy Eller said Monday that Mina Akins Brees died there Friday. Eller declined to identify the town or release any other information. She said the cause of death is still under investigation. [/FONT]

    [FONT=verdana,sans-serif] Grand County is in the mountains about 50 miles northwest of Denver and includes the western part of Rocky Mountain National Park and the Winter Park ski resort. [/FONT]

    [FONT=verdana,sans-serif] Drew Brees was practicing with the Saints on Monday in Metairie, La., after missing a scrimmage Saturday for an undisclosed family matter. His father, Austin lawyer Eugene W. Brees II, told The Associated Press on Monday that the family would have no comment. [/FONT]

    [FONT=verdana,sans-serif] Team officials said Monday they, too, would have no comment. [/FONT]

    [FONT=verdana,sans-serif] Relations between Brees and his mother were strained at times, with the quarterback asking her to stop using his picture in TV commercials touting her candidacy for a Texas appeals court in 2006. [/FONT]

    [FONT=verdana,sans-serif] Mina Brees said she had not anticipated upsetting her son and sent out replacement commercials omitting mention of her son. [/FONT]

    [FONT=verdana,sans-serif] At the time, Brees called his relationship with his mother "nonexistent," saying it crumbled six years earlier when he refused to hire her as his agent.[/FONT]
  13. Duane

    Duane Active Member

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    Wonder if she's trying to sue the Devil for Hell being too hot?
  14. Joe Realist

    Joe Realist No Kool-Aid here!

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    This is insane. Foul play?
  15. Dodger12

    Dodger12 Well-Known Member

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    Or karma....it can be a real *****..........

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