Free Affidavit - District Court of Arizona - Arizona

UNITED STATES DISTRICT COURT
I DISTRICT OF ARIZONA
2 EADOWLARK LEMON, a married man,
Case Nos.: CV 04 0299 PHX DGC and
3 Plaintiff, CV-04-1023 PHX DGC
4 s. AFFIDAVIT OF PETER ANTHONY GALLO
5 EM GLOBETROTTERS
TERNATIONAL, INC., et al.;
6
Defendants.
7
8 RED ··cUIiiLY·· NEAL, ez an.
9 Plaintiffs, I
s.
l0 `
LEM GLOBETROTTERS
l I NTERNATIONAL, INC., et al.;
I2 _ _ _ _ __Qefendants. _
LEM GLOBETROTTERS
13 NTERNATIONAL, mc., an Arizona
orporatiou,
14
Counter-claimant,
I5 S.
I6 EADOWLARK LEMON, a married man, l
*7 -- . . _ . . €9¤¤¤<=r-dcf<;¤_;Q@;.-.
I8 HONG KONG, CHINA )
) ss.
I9
)
20 AFEIDAVIT OF PETER @ IHQNY GALLO
2l
BEFORE ME, the undersigned authority, this day personally appeared Pl:l'I'E.R ANTHONY GALLO
22
who, after Erst being duly sworn, deposes and says:
23
24 1. I, Peter Anthony Gallo, being duly sworn, depose and say that I am over the age of eighteen
25 (18) years.
26
Case 2:04-cv-00299-DGC Document 411 Filed 05/19/2006 Page 1 of 4

1
I 2. I am located in Hong Kong, China.
2 3. I am an attorney admitted to practice law in Scotland and Hong Kong, China.
3 4. The following facts are relevant to the issues involved in the above—entitled action.
4 5. I was hired by Morgan & Morgan, P..A. to perform certain duties relating to the case involving
5 former members of the Harlem Globetrottcrs basketball team. Specifically, the objective of this assignment
6 was to verify if the presence and sales of FLFBU/Harlem Globerrotters items in the Republic of the Philippines
7 was clue to a connection to the known United States (principally New York)-based entities.
8 6. On Tuesday, 9 May 2006, I visited the offices of Pacsports Phils, Inc. (hereinafter
9 Pacsports), which is located on the second floor of the La Paz Centre on Salcedo Street near the corner of
l0 Herrera street, Legaspi Village, Makati City, in the Republic of the Philippines.
I In 7. During my previous visit to two FUBU The Collection retail outlets in the Philippines, I
12 learned that Pacsports are the distributors for PUB LF merchandise in the Philippines. Pacsports’ business
infonnation was reflected on the store’s official receipts. I met with Ms. Angie Catala, who introduced
I3 herself as the merchandisin mana cr, res onsible for the FUBU ran c of roducts.
8 8 P 8 P
M 8. I obtained a copy of Ms. Catala's Pacsports business card, which is attached hereto at Annex
I 5 l{.
16 9. Ms. Catala verbally confirmed that Pacsports had imported "some" Harlem Globctrotters
17 merchandise from FUBU in New York. No further information on the topic was provided.
10. Ms. Catala’s superior at Pacsports, Ms. jocelyn (Zhua, introduced herself as the Pacsports
ig Sales Manager. She confirmed, verbally, that they dealt with FUBU in New York but explained that she was
I9 not in a position to assist me. She stated that, if I needed more detailed information, I would have to talk to ,
20 the Pacsports General Manager, Mr. Gary Di Buncio, who was then not available. I wrote Mr. Di Buncio's
21 name down on a picce of "FUl3U the Collection" note-paper that was on the desk in the meeting room. A i
27 copy of this note, on the "FUBU the Collection" stationery, is attached at Annex B.
It l 1. Ms. Catala's Philippines business card contains an e—mail address on the pacsportscorn
23 domain and the main FUBU website address: www.fubu.com. A print out of the webpage from
27 is attached at Annex C, and a print out ofthe webpage from .,;_`g;Q{_;¤f§§; is attached
25 at Annex D.
26
27
28
Case 2:04-cv-00299-DGC Document 411 Filed 05/19/2006 Page 2 of 4 l

1 l2. l noted on that website that 2 number of countries are mentioned, and that the Philippines is
one of these cou11t1·ics. They also list some of the cities where they are tcpzesented, and Manila is listed as
2 one of those cities.
3 13, Both the name cmd attached at Annex A and the notcpaper attached at Annex B bore the
4 name FUBLQ and za rectangular: trademark which contains two smaller rectangles in thc shape ofa letter "L".
q 24. I carried out an search on the official Philippine Government lmcllcctual Property Office
website.
6 15. There, l notccl that xnppljczuion number @999002506, dated 14 April 1999, had been
7 submitted in respect of the alphabetic tmdcmrmtk "FUBU" and fuxcthctmote that on 7 1* cbruary 2004, it had
8 been duly registered to GTFM, INC., 350 Fifth Avenue, Suite 6617, New York, New York 10118, USA.
9 1 6. This information was contained on the webpage found at:
[O };_g§:_;;;[Qgg;g;\;;p;g;j;§.g>¢¢x·.phi! — :1 print. out of which is
I I attached hereto as ;\tmex lvl.
l?. l also noted fxotrx the same oflicial Philippine Government lntcllcctual Property Ofice
I2 website that on 18 lime 1998, Application number 41 998004381 was submitted in respect of thc stylised
I3 FUBU name and rectangular device trademark containing two internal rectangles in the shape of :1 letter
{4 "lZ". It was tegistcrecl on `l8 September 2004 and that the registered owner of that trademark is C?}`1`F·`M,
15 35*3 Fifth Avetuze, Suite 6617 New York, New York 10118, USA.
I 6 18. `l `hi s information was contained on the webpage found at:
__g§§3il.as1_‘>?( 21 print out of which is
W attached hereto as Annex F.
l8 19. This style of name and trademark appears to be the smc as is on the Pacspotts business
]g card I received from Ms Angie Catala, and the same stylised rectangle appeared on thc notepapcr l obtained
20 from l’acsp<.»1:ts meeting room.
20. I also looked at the Pzcspotts website. On the page providing company infomxation —
21 gg}.Lpg;;y;;~§_Lg;gpJ{g4>1z2p;arxy.php__—~ I noted that thc t€Xt stated that, in addition to their golf rcmil stores,
22 Pzesporcs operates four FUBU standalone stores and also sells “FUBU” merchandise to forty other
23 retailers.
27 21. When l was inside the Pzxcsportgs offices, there was 11 large FUBLY poster inside the office
25 urea, only partially xisiblc from the meeting zoom, that showed four males in FUBU clothing, one of which
76 was wearing a Harlem Glolycttottcxs sbjxt.
27
28
Case 2:04-cv-00299-DGC Document 411 Filed 05/19/2006 Page 3 of 4


4 22. The above faqs gre known by me to be true., of my own khcwiedgc. I am competent to
:0 such facts, and would so testify if I appeared in court as a witness at the trial of thc matter.
· FURTHER AFFIANT SA YETH NAUGHT.
iii- A A.-- "?·;~¤¤¤<`¤¤¤a¤¢.&‘° - * EER [
h . · _ _ _ Q aha; Ku; ·. _ _A `
I U _ arid Sw6m`ti;> before me V ' '
» _ _ (j;@\a¤y of M M5 . ,2006.
Case 2:04-cv-00299-DGC Document 411 Filed 05/19/2006 Page 4 of 4

Case 2:04-cv-00299-DGC

Document 411

Filed 05/19/2006

Page 1 of 4

Case 2:04-cv-00299-DGC

Document 411

Filed 05/19/2006

Page 2 of 4

Case 2:04-cv-00299-DGC

Document 411

Filed 05/19/2006

Page 3 of 4

Case 2:04-cv-00299-DGC

Document 411

Filed 05/19/2006

Page 4 of 4