Key Takeaways:
• Legal Hot Water: James T. Glodich, who runs “Wemby’s World,” faces legal challenges from NBA star Victor Wembanyama’s legal team for selling merchandise using Wembanyama’s name and likeness, despite having received three cease and desist letters from Wembanyama and Office Actions from USPTO.
• NBA Star Files Suit: Despite multiple warnings, Glodich continued his efforts, resulting in Wembanyama filing a federal lawsuit to permanently block Glodich from using Wembanyama’s likeness and seeking financial damages.
• Lesson on Trademark Use: The case highlights the risks of using trademarked images or likenesses without proper authorization, emphasizing the importance of respecting intellectual property rights in the promotional products industry.
Early on in your sales career, you might’ve gotten advice from someone to “Never take no for an answer.”
That’s all well and good when it comes to a noncommittal client who doesn’t see the value in the product you’re selling until you explain it. But, when it’s the U.S. Patent and Trademark Office, combined with the legal team of one of the NBA’s biggest stars, sometimes it’s best to accept the “no” the first time.
James T. Glodich runs a site called “Wemby’s World,” which sells merchandise like apparel, mouse pads, magnets, wrapping paper and drinkware all with the likeness of San Antonio Spurs star Victor Wembanyama, whose nickname is “Wemby.”
Looking to get ground-floor access to one of the most-hyped NBA prospects in recent history, Glodich filed a federal trademark application for “WEMBY’S WORLD” for “retail good services” the day before Wembanyama’s NBA debut in 2023.
After buying the domain “www.wembysworld.com” in October 2023, Glodich received three cease and desist letters from Wembanyama’s legal team in November and December of 2023.
News 4 in San Antonio reported that by April of 2024, the USPTO issued an Office Action against Glodich after he also attempted a trademark for “EL WEMBY,” citing that it could cause confusion or falsely suggest connection with Wembanyama. Glodich received a similar Office Action in June for “WEMBY’S WORLD.”
After it became clear the seller was not taking the legal hints seriously, Wembanyama filed a federal lawsuit yesterday against Glodich. According to News 4, the lawsuit states that Wembanyama is seeking to permanently block Glodich and any of his associates from using Wembanyama’s image and likeness to sell merchandise, as well as a full accounting of amounts due and payment for all damages.
At press time, the WembysWorld.com domain simply says “Coming Soon,” indicating that Glodich may have wiped the site clean of any of the merchandise.
The sports market can be an entry point for people venturing into the promotional products industry. Right now, with print on demand and e-commerce being such viable options for learning about the industry, it makes sense to take people and events with cultural relevance and turn them into merchandise.
However, what this case demonstrates is that using trademarked images or likenesses can put a distributor or seller into legal trouble. In a recent case, Harley-Davidson sued a British retailer over its use of graphics that the motorcycle company said violated its trademarked logo. And in July, fashion house Marc Jacobs International agreed to a settlement with ‘90s band Nirvana over the former’s alleged use of the grunge group’s popular smiley face logo.
