First posted May 23, 2011. Pittsburgh Trademark Lawyer Daniel Corbett brings us an NBA star’s attempt at a four-point shot:
Post-relationship drama takes many forms, but federal court litigation under the Lanham Act isn’t typically one of them– unless you’re Miami Heat forward Chris Bosh. Bosh recently filed suit against the producer of VH1â€²s “Basketball Wives,” which, as Bosh correctly notes, comprises about as many ex-wives and/or girlfriends as it does “basketball wives” in the term’s purest sense. At any rate, Bosh is claiming that his ex-girlfriend and the mother of his child is violating his trademark, publicity, and “life rights” by using his name/likeness in connection with the show. The lawsuit claims that “[the show] provides these women with a vehicle and worldwide platform” to use the names of players without permission for commercial gain.”
Yes, “using the names . . . without permission for commercial gain” — that’s pretty much dog-bites-man in the IP / right of publicity arena these days. That’s not blogworthy.
No, you guessed it: The four-point-shot is the new and exciting proposed tort of “life rights”! My first inclination, as a child of the ’60’s — no, I mean, really, I was a child then, not that I was born in the ’50’s but kept acting like a child in the ’60’s — was this:
But evidently, no. Read More…