4 Skydiving Locations in Arizona:
The complaint alleges that the defendants have more than 900 websites purporting to offer skydives and related services at locations in Arizona and elsewhere, which are allegedly used in a common plan or scheme to deceive consumers and to perpetuate a scam on the public. The defendants are alleged to have a website that misrepresents the defendants as "Arizona Skydiving," "Skydiving Arizona," and as the "Skydiving Arizona Center" in the State of Arizona. According to the complaint filed by Skydive Arizona, the 1800Skyride represent that their facility at "Skydiving Arizona" is "the busiest skydive center serving Arizona," that they "run multiple turbine aircraft," and that they have "multiple large screen TV's in our hanger for you to use and watch your video for the first time," when in fact the defendants have no such aircraft, hanger, large screen TV's, or skydiving center in Arizona.
¶ 44 Skydive Arizona's interpretation is also contrary to one of the agreement's purposes: to put an end to customer confusion between the two locations. The agreement stated that when Hogue was operating the business in Coolidge, some customers would make reservations at one location, but then show up at the other location by mistake. Hogue's business in Coolidge was 11 miles away from Skydive Arizona and requiring him to perpetually operate out of Coolidge to keep the domain name is inconsistent with the agreement's purpose. Keeping Hogue at that location would increase the possibility of customer confusion.
Skyride allegedly have websites for fictitious skydiving centers in Phoenix, Tempe, Scottsdale, Mesa, Glendale, Gilbert, Yuma, Flagstaff, Chandler, Peoria, and Tucson, which are alleged to falsely represent that defendants have a skydiving center at each such location. Skydive Arizona has alleged that the defendants have one or more websites that include photographs of Skydive Arizona's aircraft which are misrepresented to be photographs showing defendants' aircraft. The complaint also alleges that many of the defendants' websites include a photograph of skydivers taken at Skydive Arizona, which is allegedly represented to be a photograph of the defendants' experienced staff of instructors, and the same photograph is allegedly misrepresented as the staff at defendants' fictitious skydiving centers in Green Bay, Wisconsin; Springfield, Illinois; Nashville, Tennessee; and Atlanta, Georgia.¶ 14 Skydive Arizona then again moved for summary judgment, and Hogue cross-moved for summary judgment. The trial court found that the central issue was whether Hogue complied with paragraph 8(a) of the agreement, but the parties had proposed competing interpretations. Skydive Arizona argued that Hogue was no longer actively involved in the management of the skydiving business at the Coolidge location. But Hogue countered that he had been responsible for and was actively managing that skydiving business and that he was not required to operate it in Coolidge. The court held that a reasonable person could follow either party's proposed interpretation and therefore denied both motions.Decide what day you want to go on your skydiving trip in Eloy, Arizona. Skydive Arizona's hours vary based on the season. The location is open every day from the beginning of October to the end of May. From June to August, Skydive Arizona is open five days a week and closed on Tuesdays and Wednesdays.¶ 41 Skydive Arizona argues that the agreement provided that for Hogue to keep the domain name, he had to hold at least 34% equity interest in and actively manage the skydiving business in Coolidge. Skydive Arizona contends that “such business” in paragraph 8(a) means only the business conducted at the Coolidge location. Hogue counters that Skydive Arizona's argument was essentially adding a third condition to paragraph 8(a); that is, in addition to Hogue owning at least 34% interest in and actively managing the business he purchased from Mullins, the business had to be in Coolidge. He contends that because the parties had agreed that the name would be changed after the agreement was signed, the language mentioning the Coolidge location was simply a method of identifying the business.