(Source: The Sun News (Myrtle Beach, S.C.))

By Mike Cherney, The Sun News, Myrtle Beach, S.C.
May 20--The original owners of the former Hard Rock Park, which filed for bankruptcy in September, are suing the new owners for trademark infringement and unfair competition in a move that could put Saturday's reopening of the park in danger, according to one attorney.
Steven Goodwin, the park's former CEO, and Jon Binkowski, its former chief creative officer, are asking for unspecified damages from a Delaware federal court because they allege the park's new owner, FPI MB Entertainment, has not done enough to rebrand and restyle the park.
They want a preliminary injunction to stop FPI MBE from using what they say is their intellectual property at the park, which is now called Freestyle Music Park, until the case has been resolved. A hearing has been scheduled for 9:30 a.m. today.
FPI MBE denies it is using intellectual property that belongs to the original owners.
Cherie Blackburn, an attorney for the new owners, declined to speculate on the impact a ruling could have on the park's opening until after the judge makes his decision, which could be shortly after the hearing.
The park's new owners have moved ahead with plans to reopen the park regardless of the lawsuit and have announced new shows, rebranded rides and hired about 1,000 new employees.
Attorneys for Goodwin could not be reached for comment.
Kevin Parks, an intellectual property specialist in Chicago, said the park would not be able to open if the injunction is granted, though he said the case appears to be weighted in FPI MBE's favor.
"A plaintiff that asks for a preliminary injunction is asking for very dramatic relief," said Parks, who works at the Leydig, Voit & Mayer law firm. "There's a high standard that must be met before such relief is granted because it's obviously very serious to the enjoined party as well."
The claims are an offshoot from the park's bankruptcy proceedings. Even though FPI MBE purchased the $400 million park out of bankruptcy for $25 million in February, a judge ruled that a company founded by Goodwin and Binkowski -- HRP Creative Services Co. -- still had at least some intellectual property rights over the park's overall layout, theme and design.
The disagreement is over the meaning of that ruling. HRP Creative Services says it clearly shows it owns "much more than the license of just names."
But Blackburn said in a letter that Judge Kevin J.