NEW ORLEANS – A district court has granted a request from Annie Sloan Interiors (ASI) to file an amended breach of contract complaint over its famous chalk paint.
On May 2, U.S. Magistrate Judge Janis van Meerveld granted Annie Sloan's motion to file a supplement and an amended complaint against Davis Paint Company and Kevin Ostby. The company will now be able to file a new breach of contract lawsuit based on the manufacturing agreement signed with Davis Paint.
ASI claims that Davis Paint sold products manufactured for the plaintiff to JoIie Home, a company it describes as an "alter ego" or "front" for Jolie Design & Decor (JDD). ASI contends that based on the manufacturing agreement, “All Products Manufactured for [ASI] shall be sold exclusively to [JDD] within Territory as laid out in this agreement unless agreed upon and documented by [ASI] and [JDD].”
U.S. Magistrate Judge Janis van Meerveld
| New Orleans Bar Association
Annie Sloan's original complaint for breach of contract had been based on an email agreement between the two companies.
According to court papers, under the manufacturing agreement, Annie Sloan was assured by Davis Paint that it did not intend to sell chalk paint to anyone else in the future. Annie Sloan contends that based on the manufacturing agreement, Annie Sloan held the sole right to change the specifications and design of the products. Annie Sloan argues that "Davis Paint intentionally misrepresented their intent to fulfill the promise of exclusivity."
Court papers say that Davis Paint argued that "Annie Sloan's theory is that the manufacturing agreement requires Davis Paint to sell any paint it manufactured for Annie Sloan solely to Jolie Design & Decor. But, they argue that the contract does not prohibit Davis Paint from manufacturing and selling paint to Jolie Home."