Category Archives: Sparkle Pop vs. Alliance

Sparkle vs. Alliance? Yeah, that’s still going on too!

Diamond‘s chapter 11 process has spun out enough drama that it’s worthy of a television miniseries. There’s multiple lawsuits dealing with it and of course a fight over the chapter 11 process itself. One of those is Ad Populum/Sparkle Pop, one of the winners of Diamond’s assets, suing Alliance Entertainment (one of the bidders) over broken NDAs and corporate espionage. That lawsuit launched in June 2025 with our last update in late July. So, let’s catch up!

Alliance attempted to dismiss the case which was opposed by Sparkle Pop with Diamond submitting more to try and support their motion.

A pretrial conference was held on November 10, 2025 to discuss the amended complaint by Sparkle Pop against Alliance as well as the motion to dismiss things and the opposition to that.

In early November, Alliance Entertainment motioned for sanctions in the “form of attorney’s fees and expenses, and for such other and further relief as
the Court may deem just and proper.”

In the motion, Alliance calls Sparkle Pop’s action “frivolous” and points that Diamond has its own claim for breach of the NDA against Alliance, so Sparkle Pop can’t have the right to do that. If Diamond can sue Alliance for breaching the NDA, then Sparkle Pop doesn’t is the short of it.

But, that didn’t last long because Alliance withdrew their motion for sanctions less than a week later…

Alliance was then informed November 14 they were missing their “Corporate Ownership Statement” and if it wasn’t filed by December 1, the case could be dismissed.

On the same day, an order was released denying Alliance’s motion to dismiss the lawsuit.

And to add to the fun, on November 17, 2025, Sparkle Pop was also informed they didn’t have a “Corporate Ownership Statement” and if it’s not filed by December 1, the case would be dismissed.

In a Thanksgiving treat, Alliance filed their answers to the amended complaint where they agree with or disagree with what Sparkle Pop claims in their complaint. Basically, are there basic facts they can agree on.

Sparkle Pop’s statement of ownership was eventually filed December 1. It states that Qanah Co, Inc. owns 10% or more interest in the company and there’s three other limited liability companies and one individual that make up Ad Populum and somehow doesn’t know the citizenship of that individual member.

Also on December 1, a discovery plan was submitted by the counsels.

That ownership document about Sparkle Pop? That got amended… they spelled the name of one of the owners incorrectly. It’s Qavah not Qanah.

So where do things stand? A final pre-trial conference is set for August 6, 2026 with a list of exhibits and witnesses to be filed at some point in the future.

Sparkle Pop Amends its Complaint Against Alliance Entertainment

Ad Populum vs. Alliance Entertainment

In January 2025, Diamond Comic Distributors filed for Chapter 11 bankruptcy. In the months since, the drama that has come out due to the proceedings has been worthy of an HBO miniseries with bids made, bids rejected, last minute switches, and now accusations of NDAs broken and corporate espionage. On June 9, 2025, Sparkle Pop, one of the winners of Diamond’s assets, filed a complaint against Alliance Entertainment and asked for a temporary restraining order. Alliance Entertainment was the original winning bidder for Diamond’s assets during the bankruptcy but pulled its bid accusing Diamond and its representatives of fraud. During San Diego Comic-Con, that initial complaint was amended with a bunch of changes.

The changes, which you can see below, seems to tighten up the language a bit as well as add some more specifics as to what Alliance is accused of and how it negatively impacts Diamond. That is likely in response to Alliance who said the initial complaint was very general without specifics and examples of what it was being accused of.

Now, Sparkle Pop has expanded its accusation surrounding the theft of trade secrets, laying out exactly what that is including “customer information,” “vendor information,” “employee information,” and “marketing information.” It goes into detail that Diamond has built up a knowledge of the product mixes that customers would be interested in and that a competitor would not know that detail, even if they knew the identity of vendors/customers. Weirdly, it mentions employee compensation as something that was a “trade secret,” when it could easily have been ascertained by just asking individuals. Conversations about salaries and salary ranges seem normal, even among competition.

It now straight up accuses Alliance of never really being interested in Diamond and instead it was all a ruse to expand Alliance’s “reach and its product portfolio.”

There’s a lot of weird statement of details too like getting a list of Diamond employees, something that can be gained from LinkedIn with little effort.

There seems to be an effort with this amended complaint to strengthen Sparkle Pop’s case, it now says that in the acquisition of Diamond by Sparkle Pop, the APA says that Sparkle Pop can now defend Diamond’s “intellectual property” and “trade secrets,” something Alliance has said Sparkle Pop had no standing to do.

What does seem new are details regarding Alliance’s hiring of former Diamond Staff. Mike Schimmel, former head of sales at Diamond, is particularly singled out. The timeline states that Schimmel resigned and only after did Sparkle Pop/Diamond send out an email firing staff. Afterwards, Schimmel obtained that email and Schimmel was not dismissed or fired by Sparkle Pop/Diamond. Further, it says the six other employees hired by Alliance were part of a list that Schimmel provided Alliance.

There does seem to be one error we found. In point 61:

“In particular, several reported that Diamond Comic had made concerted efforts to recruit and solicit Diamond Comic employees at the Los Angeles Toy Fair, held between April 28 and May 2, 2025.”

We think they mean “Alliance had made concerted efforts…”

It would really seem that the possible loss of Amazon as a client is what Diamond/Sparkle Pop is scared of. It’s called out in point 68 and 69 and has been mentioned before.

You can keep up with the full history, including a timeline, of Sparkle Pop vs. Alliance here. You can read the new amended complaint below as well as the “red line” version which shows everything that has been changed from the initial complaint.

Overall, the new amended complaint feels like it’s a bit more focused, a stronger argument, with more details.

Sparkle Pop enters a complaint against Alliance Entertainment for Disregarding a Non-Disclosure and Non-Solicitation Obligation and theft of Trade Secrets

Diamond Comic Distributors

The drama just ramped up to 11 when it comes to Diamond’s Chapter 11 process and its fallout. In a surprise, Spark Pop, one of the winners of Diamond’s assets, has filed a motion against Alliance Entertainment for “disregard of binding non-disclosure and non-solicitation obligations and its theft of valuable of trade secrets.”

For those who might not remember, Alliance Entertainment originally won the bid for Diamond’s assets, then Diamond went with Universal Distribution and Ad Populum (Sparkle Pop’s parent company), then back to Alliance. Then Alliance ended their bid claiming fraud by Diamond and those involved. Eventually Universal Distribution and Ad Populum/Sparkle Pop won the bid.

Sparkle Pop accuses Alliance for abusing the bankruptcy process and gaining inside access to Diamond’s “employees, trade secrets, and proprietary information, all while delaying the sale of assets to legitimate purchasers.” Alliance recently hired seven Diamond employees which Sparkle Pop calls “poaching” and claiming it has “hobbled” its business. It further claims Alliance has “exploited its inside knowledge of Diamond Comic’s confidential information to usurp key distribution relationships with vendors and customers, further undermining the business.”

Alliance has signed a non-disclosure and non-solicitation agreement that bars the accused conduct according to the motion.

There’s lots of details about violations of NDAs, employee’s confidentially obligations, and that Alliance is attempting to poach Amazon away from Diamond. Former Diamond employees named include Joe Lunday who called Amazon on his last day to tell them of his switching of employers. Diamond Comic’s law firm Saul Ewing has sent a cease-and-desist letter to Alliance on behalf of Diamond.

The motion claims the following counts:

  1. Violation of the DTSA
  2. Violation of the Maryland Uniform Trade Secrets Act
  3. Tortious Interference with Employment Contracts
  4. Tortious Interference with the APA and TSA
  5. Injunctive Relief

Sparkle Pop is seeking damages to be proved during trial, a temporary restraining order, preliminary injunction and permanent injunction that would prevent further soliciting Diamond employees or any business relationship with Amazon, and using any Diamond trade secrets.

Read the full the motion below: