Performing Brands, Inc(fka PFOB)

[cdaniel394]

Will anything ever happen with this former stock? Did Mr. Holigan lose all the money that he paid for PFOB? Can this be resurrected at a later time?

[sidedraft]

PFOB Revoked by SEC

http://www.sec.gov/litigation/admin/2014/34-71496.pdf

[ArtieB]

Lol!

VC

[cdaniel394]

At least I know that I wasn't the only idiot here.

[56Chevy]

Pom not-so-Wonderful accomplished what it set out to do. If you can't beat your competition in the marketplace outspend them in courts.

http://www.bing.com/videos/search?q=dandy+don+meredith+turn+out+the+lights&FORM=VIRE2#view=detail&mid=6AA558CD00FA31E3FFB56AA558CD00FA31E3FFB5

*I didn't lose money on this but how needlessly silly was all this! wow.

[ArtieB]

What a piece of Pompis excrement...

VC

[Renee]

PFOB SEC Suspension:

http://www.sec.gov/litigation/suspensions/2013/34-70988.pdf

Order:

http://www.sec.gov/litigation/suspensions/2013/34-70988-o.pdf

Admin Proceeding:

http://www.sec.gov/litigation/admin/2013/34-70987.pdf

[G Bert]

You should be in marketing... good name suggestion. I have a problem ingesting anything with the letters "p-i-s" in its title. That should've been DOA at first mention.

[56Chevy]

It would seem that the only hope here is that Holligan change the US name and move forward.

EI's reminder that Passport Capital LLC still owns 6.25% of the shares is worth noting.

It would seem a huge waste for Holligan to throw in the towel now just because of the name after coming all this way. I understand the loss of all the time & money put into promotional efforts to date however its not like the name Pompis was on par with Coca-Cola.

The real long term success will really depend on the taste of the product anyway and not the brand name stamped on the can.

Maybe they go on a national social networking contest called - Name the Can!

Winner gets $250Kand is announced on super bowl Sunday..Whatever.

I dunno ...perhaps how he names it ends up giving him more "promotion" than what the name actually turns out to be.. ??

...get creative!

My entry: e-Gen Z

[G Bert]

Levity seems appropriate here considering the circumstances. Why else would you be on this board now?

[free_bee]

A funny Jeopardy question..

[56Chevy]

Jeopardy Answer:

$14,113.90

===============================

Jeopardy Question:

What is the dollar amount Passport Capital LLC still holds in PFOB.

================================

:::Ding Ding Ding Ding::::

What do I win Alex!!


(ok that was just silly...sorry...its the end of a long day)

[Enterprising Investor]

Passport Capital LLC owns 3,442,416 shares (12/31/12)

Represents 6.25 percent.

http://www.sec.gov/Archives/edgar/data/1201259/000106299313000777/sc13g-performingbrands.htm

[cdaniel394]

Since Holigan laid an egg with the trademark case, rolling Pompis into the shell is probably never going to happen. Correct? So we wait longer for Holigan to maybe sell the shell to another entity. Correct? Maybe he can get Elon Musk interested in it.

[cdaniel394]

Any legal word about backside hiring a new lawyer? I assume the 21 day period has come and gone. Thanks

[BamaDreamer]

No, I think Latin American markets were always the major intended demo from the start. You might have a point that the name could be an issue in the U.S. if he sells the product in Texas.

[BamaDreamer]

No, I think Latin American markets were always the major intended demo from the start. You might have a point that the name could be an issue in the U.S. if he sells the product in Texas.

[cdaniel394]

I wonder if they had a out of court settlement with Pom Wonderful? Had to get their ass's, ah! Pompis out of North America.

[BamaDreamer]

Noticed the mission statement from FB has been described as follows:

If you live in South America, Central America, Mexico or the Caribbean islands, we want to provide you with high quality Pompis!

International effort.

[cdaniel394]

Sorry, but I'm not legal guy. Can anyone explain the latest pacer doc? Thank you.

[goldcanyon341]

Pacer Docket #49

08/13/2013 49 MOTION for Default Judgment as to defendant(s) BACKSIDE BEVERAGES, LLC dba POMPIS and Memorandum in Support of Unopposed Motion for Entry of Default filed by Plaintiff PomWonderful. (Attachments: # 1 Affidavit of M. Vasseghi, # 2 Text of Proposed Order)(Vasseghi, Michael) (Entered: 08/13/2013)

[cdaniel394]

I wonder how many more months delay this will cause?

[goldcanyon341]

Pacer Update

07/11/2013 43 MOTION to Withdraw as Attorney filed by Defendant Backside Beverages. (Attachments: # 1 Text of Proposed Order for Withdrawal of Defendant's Counsel)(Smith, Timothy) (Entered: 07/11/2013)
07/12/2013 44 RESPONSE to Motion re 43 MOTION to Withdraw as Attorney filed by Plaintiff PomWonderful. (Attachments: # 1 Exhibit Decl. of M. Vasseghi in Support of Opposition)(Vasseghi, Michael) (Entered: 07/12/2013)
07/15/2013 45 NOTICE OF HEARING ON MOTION re: 43 MOTION to Withdraw as Attorney : (Notice generated by chambers) Motion Hearing set for 7/22/2013 at 04:00 PM in Room 103 before Judge Tena Campbell. (cff) (Entered: 07/15/2013)
07/17/2013 46 REPLY to Response to Motion re 43 MOTION to Withdraw as Attorney filed by Defendant Backside Beverages. (Smith, Timothy) (Entered: 07/17/2013)
07/22/2013 47 Minute Entry for proceedings held before Judge Tena Campbell: Motion Hearing held on 7/22/2013 re 43 MOTION to Withdraw as Attorney filed by Backside Beverages. Counsel are present and the court hears from them as to the motion to withdraw. For the reasons more fully set out during the hearing the court GRANTS the motion to withdraw and strikes both the 7/30/2013 pretrial and 8/19/2013 trial. Mr. Smith is to notify his client immediately that he has 21 days to obtain new counsel and to have that counsel file an appearance with the court. If new counsel is retained, the court will conduct a status conference by telephone and set a new trial date. All cutoff dates that have expired will not be re-opened for new discovery to be conducted or motions filed. Counsel for plaintiff to prepare and submit a proposed order. Attorney for Plaintiff: Stephen K. Christiansen, Michael M. Vasseghi, Attorney for Defendant: Timothy B. Smith. Court Reporter: Patti Walker. (cff) (Entered: 07/22/2013)
07/25/2013 48 ORDER granting 43 Motion to Withdraw as Attorney. Attorney Timothy B. Smith withdrawn from case for Backside Beverages. Signed by Judge Tena Campbell on 7/25/13 (alt) (Entered: 07/26/2013)

[cdaniel394]

For those of you that may have gone through the process before, can you enlighten us that haven't, about the process needed to reverse PFOB into another company. Thanks

[cdaniel394]

Shell purchased 2 years ago by Michael Holigan who owns a energy beverage company with a product line named Pompis. Thought at the time was the shell would be used to bring Pompis public. That ran into a snag over a trademark lawsuit with Pom Wonderful. Trial for that is next month, finally! Trading has come to a standstill the last 8-12 months. Friday's 235,000 shares traded was like electro stimulus therapy. Hopefully everything will be resolved soon. Hope this helps.

[bababooyah]

What's the story here?

[cdaniel394]

Hopefully this is the start of a higher frequency of trading. A trade every third week is really boring.

[ArtieB]

What the heck? lol!

Good to see someone waking up!

VC

[ArtieB]

Hey BD and all. 3 posts today and up 25%? Great work!

Long and strong.

VC

[cdaniel394]

Did somebody kick the giant in the nuts to wake it up?

[BamaDreamer]

I would lean in the direction that it does based on the commonality.

[cdaniel394]

Thanks Bama, I wonder if it means anything at all for Pompis, the company, in creating a new Facebook page?

[BamaDreamer]

https://m.facebook.com/PompisPompisPompis?id=479934452081732&_rdr

Holigan has been updating the Pompis Pompis Pompis FB page, the media branch of Pompis. I haven't contemplated the shell lately. I expect he will either use or sell it eventually. There is the chance he sits on it but I don't expect that would happen. Buying stock in shells or purchasing debt is usually a long affair. Patience is needed because allocated funds can be tied up for a long time. I have buying hard assets of late and have sold all my major indicie stocks. I have but two penny stocks remaining.

It is my opinion he will use the shell, it truely is a great vehicle to obtain financing for any venture.

Bama

[cdaniel394]

Only about six more weeks until the branding trial. It looks like Pompis shut down their Facebook page May 18th or so. I would have thought they would have settled out of court by now. It seems this litigation has been ongoing for about six years. Best of luck to all.

I wonder what Holigan will do with the shell if Pompis looses the litigation?

[cdaniel394]

Goldcanyon314, greetings. Timelines have come and gone, and others are fast approaching. Thanks for the last Pacer update. Have you checked lately if their are any more? If their are, would you mind sharing. Thank You.

[cdaniel394]

Thanks for the update goldcanyon341. I believe they are going to change the name Pompis. They have not had any Facebook activity in a month, where they are normally pretty active.

[goldcanyon341]

Docket 42 on Pacer

06/14/2013 42 Proposed Witness List and Rule 26(a)(3) Pretrial Disclosures by PomWonderful. (Vasseghi, Michael) (Entered: 06/14/2013)

[insomniac]

Are they still trying to sell this stuff?? Is it still on the shelfs any where????

[insomniac]

Are they still trying to sell this stuff?? Is it still on the shelfs any where????

[cdaniel394]

I pulled an eyelid trying to watch the trading ticker.

[insomniac]

What a screamer this puppy is! I need a 5 hour energy to stay awake.-)

[cdaniel394]

Dispositive motions were due yesterday. Lets hope their arguments are convincing and the judge chucks the lawsuit. Otherwise, another 4 month plus wait on our crap shoot here.

[cdaniel394]

I have a small buy in at .005 if anyone would like to give up a few shares.

[cdaniel394]

Looked like the bid was starting to edge up a bit later in the week. Good trading(investing) all.

[cdaniel394]

Is our little sleeping beauty starting to awake from a long slumber? Nice to see more than one trade every two weeks.

[cdaniel394]

Thank you very much EI. Thank goodness that the two sides are finally thinking of getting together and trying to hash out their diferences. Hopefully we will not have to wait until August to see something happen here. Best of luck. Tom

[Enterprising Investor]

Order Granting Motion for Scheduling Order (9/13/12)

Plaintiff Pom Wonderful LLC (“Pom”) and Defendant Backside Beverages, LLC (“BB”), by and through their counsel of record, herby submit this Stipulated Motion to Amend the Scheduling Order to extend certain deadlines moving forward. This Stipulation is submitted in order to accommodate settlement negotiations between the parties that may enable the parties to reach a business resolution prior to expending both the Court’s and the parties’ resources.

FED. R. CIV. P. 16(b) provides that the Court may modify a schedule “upon a showing of good cause and by leave of the district judge.” The Parties submit that, for the reason set forth above, good cause exists for the requested relief. This is the first time the Parties have requested that the Court extend certain deadlines and do not anticipate any events occurring that may require additional time for the activities listed below beyond the dates set forth below. The Parties believe that the schedule proposed below will allow the parties to complete discovery expeditiously and efficiently, and to put this case in a posture for final disposition.

The Parties request that the Court amend the Scheduling Order as set forth below, which essentially adds three months or less to most of the deadlines that have not yet expired. The current and proposed deadlines are set forth as follows:

Event Current
Deadline
Proposed
Deadline

All non-expert discovery closes
8/31/ 2012
11/30/2012

Initial expert designations and reports due
10/5/2012
1/7/2013

Responsive expert designations and reports due
10/19/2012
1/21/2013

All discovery closes
11/2/2012
2/4/2013

Dispositive motions due
12/14/2012
3/15/2013

[Enterprising Investor]

Electronic Case Filing System
District of Utah (Central)
CIVIL DOCKET FOR CASE #: 2:11-cv-00760-TC

PomWonderful v. Backside Beverages
Assigned to: Judge Tena Campbell
Cause: 15:1114 Trademark Infringement

Date Filed # Docket Text

08/30/2012 40 Stipulated MOTION for Amended Scheduling Order filed by Dft Backside Beverages Plaintiff PomWonderful. (Attachments: # 1 Text of Proposed Order Amending Scheduling Order)(Smith, Timothy) Modified on 9/4/2012 ; changed relief from to Amend/Correct to for Amended Scheduling Order (asp). Modified by striking pla as filer on 11/15/2012 (rks). (Entered: 08/30/2012)

09/13/2012 41 ORDER granting 40 Motion for Scheduling Order. All Discovery due by 2/4/2013. Motions due by 3/15/2013. Final Pretrial Conference set for 7/30/2013 03:00 PM in Room 103 before Judge Tena Campbell. 3-Day Jury Trial set for 8/19/2013 08:30 AM in Room 103 before Judge Tena Campbell. Signed by Magistrate Judge Evelyn J. Furse on 9/12/12 (alt) (Entered: 09/13/2012)

[cdaniel394]

Has anyone seen any updated court activity?

[ArtieB]

Another banner investment.

VC