Free Declaration - District Court of Arizona - Arizona

EXHIBIT D
Case 2:04-cv-00299-DGC Document 420-6 Filed 06/05/2006 Page1 0f3

L i GARVEY & Sronnakn, S.C.
. » Arroimays AT Law
QQNRD R. GARVEY 634 West Minn Smear - Surrs 101 Tauraowsz (608) 256-1003
M. Stonnmm . Manisow, Wl 53703 FA€$M1—Ei (608} 256-0933
KATHLEEN G_ MCNEIL www.garveystoddard.com
PAMHA R. McG1u.rvs.AY . ‘ OF COUNSH:
Dime L. MLLIGAN P K `
Cl-IRISTA O.Wasrems1aao E` MC
October 2 1 , 2003
Attorney Clay M. Townsend c
Morgan Colling & Gilbert s
20 N. Orange Avenue, 16* Fl.
P.O. Box 4979
Orlando, FL 32802-4979 Q
RE: Fred Neal, Dallas Thomton and Larry Rivers
Dear Mr. Townsend: .
This law Erm represents Harlem Globetrotters International, Inc. ("HGI"). Mr. Jackson
· forwarded your October 3, 2003 letter to our attention, and this is HGI’s response.
Like allother past and present Harlem Glo betrotter Players, Mr, Neal, Mr, Thomton and K
_ Mr. Rivers have contractually granted HG] the_perpetw·1l and "exclusive right throughout `
the world to use, and license others to use the Player’s name, professional name,
nickname, recorded voice, biographical material, signature facsimile, portraits, pictures
_ and likenesses” foradvertising, promotion, publicity and trade purposes as well as for use , _
A in connection with "the manufacture, production, distribution, sale, advertising and
promotion of any and all articles of merchandise, including but not limited to . . . films,
souvenirs, novelties, toys, games and the like, exploiting HG1 and/or Player.”
All uses of your client or clients’ names, professional nicknames and likenesses that you
cite are covered by this contractual grant.
In your letter, you asserted that Mr. Neal, Mr. Thomton and Mr. Rivers may have
registered their "names, likenesses, images, celebrity images, etc." Please send us copies V
. of any and all such trademark registration documentation so we can assure HG1 that your
clients are not utilizing HGI’s marks, including but not limited to its name, logos, trade
» dress, etc. We are particularly interested in seeing your clients? documentation showing
_ that they have a proprietary right to certain jersey numbers on HGI’s trademarked and
"trade dress" uniforms. . 5
.»
case 2:04-cv-00299-ooo Filed 06/05/2006 Page 2 or 3

i Clay M. Townsend, Esq.
" Page 2 of 2 .
For your information, the bobble-head dolls were created as a way to fund the Harlem
• Globetrotter International Foundation, and even though HGI was under no obligation to
share the proceeds of bobblehead sales with a.ny ofthe six Alumni whose likenesses as
Harlem Globetrotters were used, it provided them each with 25% of the net sales. Mr.
Neal cashed his check based on FY 2001 sales on January 9, 2003. It is unfortunate that
Mr. Jackson’s goodwill gesture has apparently been taken by Mr. Neal as evidence that
_ he has the right to demand that HG1 compensate him for what he licensed it to use.
HG1 declines your invitation to send you copies of its contracts with others.
yours.
. Edward R. Garve g `
‘ cc: Mannie Jackson
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