Free Affidavit - District Court of Arizona - Arizona

1 UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
2
I EADOWLARK LEMON, a married man,
3 Case Nos.: CV 04 0299 PHX DGC and
Plaintiff, CV-04-1023 PHX DGC
4
S, AFFIDAVIT OF OLIVER PHIPPS
5
I ARLEM GLOBETROTTERS
6 NTERNATIONAL, INC., et al.;
7 Defendants.
8
I RED "CURLY" NEAL, et al.
9
Plaintiffs,
lO s.
ll I ARLEM GLOBETROTTERS
I NTERNATIONAL, INC., et al.;
l2
Defendants.
I3 I · RLEM oLoBETRoTTERs
NTERNATIONAL, INC., an Arizona
I4 orporation,
I5 Counter-claimant,
I6 so
17 I EADOWLARK LEMON, a married man,
Counter-defendant.
18
STATE OF FLORIDA )
19 ) ss.
20 ORANGE COUNTY )
21 AFFIDAVIT OF OLIVER PHIPPS
22 BEFORE ME, the undersigned authority, this day personally appeared Oliver Phipps who, after Hrst
23 being duly sworn, deposes and says:
24 1. I, Oliver Phipps, being duly sworn, depose and say that I arn over the age of eighteen (18) years.
25 2. I am located in Orlando, Florida.
26
Case 2:04-cv-00299-DGC Document 400 Filed 05/09/2006 Page 1 of 3

1 3. I possess a Florida State license, number C2100254, as a certified investigator.
2 4. I was hired by Morgan & Morgan, P.A. to perform certain duties relating to the case involving
3 former members of the Harlem Globetrotters basketball team. Specifically, the objective of this assignment
4 was to verify the presence and sales of FUBU / Harlem Globetrotters items in the United States and Asia.
5 5. That on December 21, 2005, I identined FUBU Harlem Globetrotters items at the Beall’s
6 Outlet store at 350 East Michigan Street, Orlando, Florida 32806. Garments bearing the Harlem Globetrotters
; and FUBU trademarks were purchased. Items obtained include “FUBU the Collection" shoes (Exhibit 125),
9 golf shirt (Exhibit 123), and a football shirt with “FUBU 05" (Exhibits 124 and 122). A receipt was provided
10 for the purchase. Digital photographs of the items and receipt were taken.
jj 6. That On February 11, 2006, I identified FUBU Harlem Globetrotters garments at the Beall’s
12 Outlet store at 350 East Michigan Street, Orlando, Florida 32806. Garments bearing the Harlem Globetrotters
13 and FUBU trademarks were purchased. Three items reflected Harlem Globetrotters trademarks and one of
14 them bore a "Legends of the Hardwood" hang tag. (Exhibits 119, 120 and 121).
15 7. That on February 25, 2006, I identihed FUBU Harlem Globetrotters garments at the Bea]l’s
16 Outlet store at 350 East Michigan Street, Orlando, Florida 32806. Garments bearing the Harlem Globetrotters
1; trademarks were purchased. Three items (Exhibits 116, 117 and 118) reflected "36" jersey numbers and bore a
19 “Legends of the Hardwood" hang tag. A receipt was provided for the purchase. Digital photographs of the
20 garments and receipt were taken.
21 8. That on March 13, 2006, I arrived at the Beall’s Outlet store at 350 East Michigan Street,
22 Orlando, Florida 32806. Garments bearing the Harlem Globetrotters trademarks were purchased. One item
23 reflected a “36" jersey number and bore a “Legends of the Hardwood” hang tag (Exhibit 114). The other
24 garment reflected number 11 and caricatures of players (Exhibit 115). A receipt was provided for the purchase.
25 Digital photographs of the garments and receipt were taken.
26
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28 Case 2:04-cv-00299-DGC Document.4OO Filed O5/O9/2006 Page 2 of 3

1 9. That on April 15, 2006, I located a FUBU Harlem Globetrotters shirt at Marshall’s, 730 Sand
2 Lake Road, Orlando, FL 32809. Digital photographs of the shirt were taken.
3 10. I photographed the clothes and saved all images to disk.
4 11. This Affidavit supplements my previous Affidavit of November 23, 2005.
5
12. I have amended Exhibit A, Plaintiffs Merchandise Schedule to reflect the above.
6
FURTHER AF FIAN T SAYETH NAUGHT.
7
8 Y
9 éiiver Phipps (
1 0 STATE OF FLORIDA
I 1 COUNTY OF ORANGE ,4
12 The foregoing instrument was acknowledged before me this¥3 day of [ , 2006, by
OLIVER PHIPPS, who is personally known to me or who has produced a driver’s licen e as identification
13 and who did take an oath.
14
1 5 ,
9 0
16 2.;.4,-; ,
N ary Public
l 7 tate of Florida at Large AAN
My Commission Number pv ry IV
18 My Commission Expires: ' PAMELA L' ALEXANDER
g 5 MY commission # oo 235720
’<*ar rx°‘ Express; october 3, 2007
1 9 "8°°3*NOTARY 4 FL Nmvry D·s¤¤um Assoc. co,
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28 Case 2:04-cv-00299-DGC Document 4130 Filed O5/O9/2006 Page 3 of 3

Case 2:04-cv-00299-DGC

Document 400

Filed 05/09/2006

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Document 400

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Case 2:04-cv-00299-DGC

Document 400

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