What was the court where the Enviro Professionals, LLC v. Aerus Enterprise Solutions, LLC case was filed?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
ry 17, 2025).
Completed
Enviro Professionals, LLC v. Aerus Enterprise Solutions, LLC, DBG Group Investments, LLC d/b/a activTek Environmental; Joseph P. Urso; Kevin J. Hickey; Thomas L. Lozano; Carmel D.
Lozano; and California High Speed Reproduction, Inc., (May 24, 2018) No. 2018CP-2800468, in the Court of Common Pleas for the Fifth Judicial District of South Carolina
Our affiliate Aerus Enterprise Solutions, LLC ("AES"), Joseph P. Urso and Kevin Hickey were named as defendants in a lawsuit filed by a former distributor of AES products, Enviro Professionals, LLC ("EnviroPro"). EnviroPro's claims included, among others: (1) civil conspiracy; (2) violation of the South Carolina Trademarks and Service Marks Act; (3) violation of the South Carolina Unfair Trade Practices Act; (4) breach of contract; (5) breach of contract accompanied by fraudulent act; (6) violation of the South Carolina Trade Secrets Act; (7) tortious interference with contractual relations; and (8) breach of fiduciary duty. AES disputed these claims and has sought to consolidate this South Carolina lawsuit with an arbitration proceeding related to the same set of facts pending with the American Arbitration Association in Dallas County, Texas. The damages sought by the plaintiff included injunctive relief, money damages, and attorneys' fees. The disputed issues largely center on (1) termination of the distributor relationship between AES and EnviroPro, (2) whether EnviroPro is entitled to recover any unpaid commissions and (3) the parties' respective rights to use certain trademarks. By agreement, dated June 5, 2019, the parties settled this case, as well as all arbitration proceedings. The settlement agreement provided, among other things, that (a) AES pay $350,000 to one of the owners of EnviroPro, (b) EnviroPro agreed to sell AES all rights to all intellectual property (e.g., trademarks, trade names, Internet domain names) owned or controlled by EnviroPro and relating to its business, and (c) one of EnviroPro's owners agreed to enter into a non-compete agreement that would prohibit him from, among other things, selling, marketing and distributing air purification, water purification and laundry treatment products, in exchange for a payment from AES. The case wa
Source: Item 3 — Litigation (FDD pages 16–17)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, the case Enviro Professionals, LLC v. Aerus Enterprise Solutions, LLC was filed in the Court of Common Pleas for the Fifth Judicial District of South Carolina. The case, filed on May 24, 2018, also named DBG Group Investments, LLC d/b/a activTek Environmental; Joseph P. Urso; Kevin J. Hickey; Thomas L. Lozano; Carmel D. Lozano; and California High Speed Reproduction, Inc. as defendants.
The claims made by Enviro Professionals, LLC included civil conspiracy, violations of South Carolina Trademarks and Service Marks Act and Unfair Trade Practices Act, breach of contract, breach of contract accompanied by fraudulent act, violation of the South Carolina Trade Secrets Act, tortious interference with contractual relations, and breach of fiduciary duty. Aerus Enterprise Solutions, LLC disputed these claims and sought to consolidate the lawsuit with an arbitration proceeding pending with the American Arbitration Association in Dallas County, Texas.
The case was settled by agreement dated June 5, 2019. Aerus Enterprise Solutions, LLC paid $350,000 to one of the owners of Enviro Professionals, LLC. Enviro Professionals, LLC agreed to sell Aerus Enterprise Solutions, LLC all rights to its intellectual property related to its business. One of Enviro Professionals, LLC's owners entered into a non-compete agreement, and the case was dismissed on June 17, 2019.