Fly Victor seeks dismissal of $30 million lawsuit

By Doug Gollan, August 13, 2019

“The allegations…are spurious claims which we emphatically deny,” says Clive Jackson, CEO of the U.K. based private jet broker

In its response, Victor provided bank records of over two dozen payments it says were made to the plaintiff as well as its notice to terminate the agreement dating from 2018.

Defendant Don’t Look Media had claimed to have not received any monies.

(Editor’s Note: Clyde & Co. says it did not issue a statement originally attributed to it in this article. In fact, the statement was provided by Alyssum, a client that Clyde & Co. represents in this litigation.)

Online private jet charter broker Fly Victor, its parent company, Alyssum, and CEO Clive Jackson are hitting back at Don’t Look Media, seeking dismissal of its $30 million RICO lawsuit filed in June over the website URL

“Don’t Look Media and (its attorney) Farrow Law are shamelessly exploiting the judicial system to extort monies from Alyssum. This is a despicable act carried out by those that not only wish to damage our company but whose actions can only bring disrepute on the entire private industry,” Jackson told Private Jet Card Comparisons.

Fly Victor CEO Clive Jackson
Fly Victor CEO Clive Jackson says the lawsuit is “shamelessly exploiting the judicial system to extort monies” from his companies.

He added, “It is our intention to seek full and proper redress in the fullness of time for this gross injustice and perversion of the truth in a bid to threaten, damage and extort monies.”

“A Smear Campaign”

In a written statement, Clyde & Co., the law firm representing Alyssum, Victor and Jackson, stated, “Over numerous months, DLM (Don’t Look Media) and FLF (Farrow Law Firm) engaged in a smear campaign by contacting and threatening to enjoin Alyssum shareholders and customers with unfounded allegations causing significant nuisance and reputational harm.

“DLM/FLF’s disclosures to the aviation press, PR Newswire and social media is a blatant and unethical attempt to create maximum negative publicity and nuisance against Alyssum in the public arena.

“It is noteworthy that immediately following each major marketing launch and climate change campaign by Fly Victor Limited, DLM seeks to publicize its complaint in the media.

“We intend to file a motion in the United States courts preventing DLM from any further such illicit tactics. In the meantime, we recommend everyone to take a moment to look into the history of DLM and Mr. (David) Spagnuolo (principal of Don’t Look Media).”
In seeking to have the lawsuit dismissed, Victor provided an email where a former consultant to the plaintiff Louis David Spagnulo wrote, “This Louis guy is trying to start legal proceedings for the prj domain. Know this because he requested me to draft a letter with some false claims. I declined of course.”

Delaware-based Don’t Look alleged the defendants failed to pay licensing fees, didn’t run stipulated pay per click campaigns via Google, and failed to make legally required disclosures putting it at risk for potential fines from the U.S. Department of Transportation and Federal Aviation Administration. It said fines can run up to $32,000 per day.

As we previously reported, it’s not the first time and DLM have been in the news.  In 2012, a press release announced Nations Luxury Transportation, LLC, had agreed to acquire the address from Don’t Look Media Group for $30.18 million in cash and stock. The transaction apparently never took place. At the time, it was thought to be a record price.

Victor disputes non-payment accusations

In its motion filed last week to the United States District Court Southern District of Florida seeking dismissal of the lawsuit, Victor provided copies of more than two dozen bank records showing payments made from an account with American Riviera Bank in amounts of $5,000 and $2,500 with the description, “Wire Out – Don’t Look Media LLC.”

In its motion to dismiss the lawsuit, Victor provided what appears to be copies of 25 wire transfers to the plaintiff totaling $85,000.

A copy of the agreement stipulated after six months, Victor would pay Spagnuolo at least $2,500 per month for the next 18 months, and then for the final 12 months of the agreement, it would pay a minimum of $5,000 per month, for a total of $105,000.

According to the court filing reviewed by Private Jet Card Comparisons, wire transfers started in May 2016, ended July 2018, and totaled $85,000.

The lawyer representing Spagnuolo, Jay Farrow, said his client never received any monies and had been trying to work out an amicable settlement before eventually filing the lawsuit.

In its response to the court, Victor claims Nelson Rocha, Jr., founder and CEO of NRJ Luxe Consulting, first reached out to the company in April of 2015 on behalf of Spagnuolo.

Unhappy with a similar arrangement DLM had for the domain with JetSmarter, it wanted to strike a deal with Victor. After months of negotiations, a final agreement between Victor and Don’t Look was signed on July 29, 2015, covering a period of 36 months.

In its motion to dismiss the lawsuit, Victor said it had notified Spagnuolo of its intention to let the agreement lapse at the end of the 36-month term in an e-mail dated July 4, 2018.

At the end of the three-year agreement, Victor said it notified Don’t Look of its intention to end the relationship. It alleges only at that point did the plaintiff bring up alleged breaches and threaten litigation.

The filing also states in January 2016, Spagnaulo proposed selling to Victor with Rocha writing from a email address, “This guy is willing to part with the domain. He has no interest in board seats and his expectations are low.”

Rocha noted, “I’m starting to realize that 2 spread brands is very confusing to clients.” It ended, “If the approach of ownership does not pan out, I’ll treat this whole deal as it always has been, a nice landing page.”

Victor says it declined the offer and noted in April 2016, Rocha notified Victor he was no longer involved with Don’t Look.

“…the guy is nuts…”

In October 2018, in potentially damming correspondence, Rocha wrote to Jackson and then CMO Dan Northover.  The subject line was titled, “Heads Up (prj),”

In it, Rocha stated, “This Louis guy is trying to start legal proceedings for the prj domain. Know this because he requested me to draft a letter with some false claims. I declined of course.”

Nelson Rocha, who allegedly represented Spagnuolo in making the deal with Victor, later warned Victor of impending legal proceedings and wrote of his former client, “The guy is nuts.”

The email added, “Think the guy is nuts, as I was surprised he thought I would agree to something like considering I’ve since terminated all business dealings with him and that site years back.”

In its filing, Victor also argues since it has no business interests in Florida, the venue lacks jurisdiction.

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