Ride The Ducks Of Philadelphia, LLC v. Duck Boat Tours, Inc.

138 Fed. Appx. 431 (2005)

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Nature of the Case

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Facts

P operates a tourist attraction in Philadelphia using amphibious vehicles known as 'ducks boats.' The boats take tourists on a ride through the historic streets of Philadelphia and then enter the Delaware River via a ramp at the end of Race Street near the Benjamin Franklin Bridge for a water tour. P built the ramp pursuant to a ten-year license agreement with Penn's Landing Corporation, a Pennsylvania non-profit corporation empowered by the City of Philadelphia to contract for the redevelopment of the area fronting the Delaware River. P got an exclusive agreement from Penn's Landing. P spent approximately $585,000 to build the ramp, and in addition to a $50,000 yearly license fee, P pays Penn's Landing a portion of its gross revenues for the right to use the ramp it built. D is the owner of a number of duck boats. D has no license agreement for access to the Delaware River. D sought to negotiate with P for shared used of the ramp. P refused. D then wrote a letter to Penn's Landing stating D's intend to use the ramp with or without the consent of anyone. P filed a motion for a preliminary injunction and a petition for a temporary restraining order. P claimed D's threatened use of the ramp would constitute trespass, conversion, and a tortious interference with the exclusivity provision of the license agreement. The District Court granted the temporary restraining order pending a hearing on the preliminary injunction. The District Court granted P's motion enjoining Super Ducks from using or interfering with P's ramp into the Delaware River. D appealed.