Wembanyama Sues Texas Man for Illegally Profiting From His NIL
San Antonio Spurs star Victor Wembanyama on Tuesday sued a Texas man for illegally using his NIL to sell shirts, candles, hooded sweatshirts, coffee mugs, mousepads, magnets, baby bibs, beer mugs and wrapping paper.
Wembanyama, the 2023-24 NBA Rookie of the Year who led France to a silver medal in the 2024 Summer Olympics, filed a complaint in a Texas federal court against James T. Glodich, who is described as residing in Austin, Texas. According to Wembanyama, Glodich began an multifaceted plot to use his NIL about a month after the Spurs selected the 7-foot-3 French phenom with the first overall pick in the 2023 NBA Draft.
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Beginning in August 2023, Glodich filed federal trademark applications for “El Wemby” and “Wemby’s World” and, according to the complaint, registered the domain name www.wembysworld.com, which sells items and depicts photos of Wembanyama under a heading “Wemby in the Wild.”
The U.S. Patent and Trademark Office refused to register the marks because they “falsely suggest a connection” with Wembanyama. But the website remains, and Glodich allegedly hasn’t responded to multiple demand letters informing him he must refrain from using Wembanyama’s NIL.
Represented by John M. Guaragna and Michael A. Geller from DLA Piper, Wembanyama alleges Glodich is liable for false endorsement and violating his right of privacy. Glodich is accused of unauthorized use of Wembanyama’s NIL in ways that falsely suggest Wembanyama has approved. Wembanyama contends he has suffered damages, including diminution in the value of his NIL and being deprived the chance to control his NIL. The right of privacy claim similarly accuses Glodich of misappropriating NIL.
Wembanyama seeks a jury trial and a court order that Glodich stop his “willful violation” and pay monetary damages reflecting damage to Wembanyama’s NIL.
Glodich will have the chance to answer Wembanyama’s complaint, deny wrongdoing and motion for the complaint’s dismissal. Glodich might argue that his products, which in some instances include a cartoon image of Wembanyama, reflect fair use given that Wembanyama is a public figure and that his likeness has been transformed into art.
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