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

Posted on 1/16/14 at 12:12 pm to
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 WDE24
Member since Oct 2010
54184 posts
Posted on 1/16/14 at 12:19 pm to
quote:

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.

I agree with you. A creative and motivated attorney might, based on the prior c&d letter, be able to argue a tortious interference with contract claim if his actions were to threaten the eligibility of any players. just thinking outside the box. Don't think Bama would have much of an interest in making this thing a legal battle.
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