BenWa Operator Ordered to Pay $186,000

PORT ST. LUCIE, Fla. — A Florida court has awarded $186,000 to the owner of sex toy and novelty retailer and distributor Best Sensation Corp. who accused BenWa International chief executive David Gordon for backing out of a multistate franchise distribution deal and pocketing upfront fees.

Best Sensation owner Roy Ojala, in his original complaint, said he met Gordon at an industry conference last year in Miami, where the two hammered out an agreement for a three-state exclusive franchise distribution deal for BenWa Balls in Florida, Georgia and Louisiana. The deal between the two provided for BenWa to provide "free inventory" in the deal.

Ojala, however, said the verbal deal was fraught with "excuses and delays" and ended up without a contract ever being signed or any inventory delivered despite the fact that Gordon received $62,000.

After a review of the pleadings, evidence and affidavits supplied in the case, Circuit Court Judge William Ruby sided with Ojala, who alleged one count of civil theft, and granted summary judgment. Ruby also agreed to allow treble damages against Gordon, or an award three times actual damages.

Gordon, who represented himself in the case at St. Lucie County, Fla., Circuit Court, didn't respond to XBIZ for comment or questions on whether he'll appeal the judgment.

Ojala told XBIZ that he relished at the opportunity to sell BenWa products because the brand is one of the oldest in the sex toy and novelty business.

Further, Ojala said he liked prospects of the original deal with BenWa because Gordon said "they had deals going with gynocology associations where they spent tens of thousands on these deals which we would take over." 

BenWa balls, which have been sold for decades, are small, marble-sized balls — hollow and containing a small weight — that roll around and are used for sexual stimulation by insertion into the vagina.

"Given it was a 70-year-old company, we fell for this hook, line and sinker," he said. "Regardless ... we invested the monies for the distribution deal, which never happened, and when I realized I had been scammed I contacted our attorney to file a suit."

The $186,000 judgment against Gordon, which hasn't been satisfied, does not include Ojala's attorneys fees.

View judgment

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

XBIZ Honors Retail Edition to Light Up Hollywood Roosevelt Hotel

XBIZ is pleased to announce that the pleasure industry’s biggest night, the retail edition of the annual XBIZ Honors, set for Saturday, Jan. 18, will be held at the historic Hollywood Roosevelt Hotel.

Pipedream Expands 'Anal Fantasy Elite' Collection

Pipedream Products has expanded its Anal Fantasy Elite collection with two new stimulators.

Orion Expands 'Couples Choice' Line With New '2 in 1' Vibe

Orion Wholesale has added the 2 in 1 Vibrator + Butt Plug to its Couples Choice collection of pleasure products.

Lovense Unveils 'Mission 2' Long Distance Vibe

Lovense has introduced the new Mission 2 vibrating suction cup dildo to its long-distance collection.

Male Power Debuts 'Pack & Play' Collection

Male Power has introduced its new Pack & Play collection of men's underwear.

Orion Debuts New Styles From Cottelli Lingerie

Orion Wholesale is now shipping new styles from its Cottelli Curves plus-size lingerie line.

Sportsheets Unveils Rebranded 'Edge' Line, 9 New Products

Sportsheets has debuted its reimagined Edge line featuring nine new products.

Our Erotic Journey's James Guo Profiled on Wired.com

James Guo, founder of pleasure brand Our Erotic Journey (OEJ), is profiled in a new feature on Wired.com titled "The Toymaker Who Wants to Be the Next Willy Wonka of Sex Tech."

Williams Trading Unveils 'Christmas Giftables' Catalog

Williams Trading Co. has released this year's edition of its "Christmas Giftables" digital catalog.

Magic Silk Debuts 'Leather + Lace' Collection

Magic Silk has introduced its new Leather + Lace lingerie collection.

Show More