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re: He's baaaaack! Oh wait - he never left

Posted on 1/16/14 at 12:10 pm to
Posted by AUsteriskPride
Albuquerque, NM
Member since Feb 2011
18385 posts
Posted on 1/16/14 at 12:10 pm to
quote:


What part of the Alabama Civil Code is being violated? I'm not a lawyer, so I'll need some help on this.



I'd venture to say it wouldn't be hard to prove trademark/name damage by him personally being involved in the distribution of the memorabilia after the previous warning. I'm not a lawyer either, but you don't have to get too creative to find ways to drain this guys bank account in court.
This post was edited on 1/16/14 at 12:11 pm
Posted by elposter
Member since Dec 2010
25035 posts
Posted on 1/16/14 at 12:12 pm to
quote:

I'd venture to say it wouldn't be hard to prove trademark damage by him personally being involved in the distribution of the memorabilia after the previous warning. I'm not a lawyer either, but you don't have to get too creative to find ways to drain this guys bank account in court.


I mean, you could file that lawsuit, but it would get thrown out on a motion to dismiss very quickly. There is likely no viable lawsuit Alabama could bring against a sports memorabilia guy like this based on what that article says happened and the current state of the law.
Posted by bamawriter
Nashville, TN
Member since Apr 2009
3163 posts
Posted on 1/16/14 at 12:13 pm to
quote:

I'd venture to say it wouldn't be hard to prove trademark damage by him personally being involved in the distribution of the memorabilia after the previous warning.


The previous warning doesn't carry the weight of the law. And the guy isn't violating any trademark, and arguing that he is damaging the trademark is a major stretch. The school might be able to wear him out on legal fees, but it would be the very definition of a frivolous lawsuit.
Posted by WDE1980
Alabama
Member since Sep 2010
911 posts
Posted on 1/16/14 at 12:15 pm to
quote:

I'd venture to say it wouldn't be hard to prove trademark/name damage by him personally being involved in the distribution of the memorabilia after the previous warning. 


But, didn't they claim to have educated their players towards this kind of thing after the first round with Tom? One would think all the bama players should know not to sign memorabilia for this guy. Instead it's popping up like wildfire!
This post was edited on 1/16/14 at 12:16 pm
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