Free Response in Opposition to Motion - District Court of Arizona - Arizona

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2 HARLEM GLOBETROTTERS ) 2 _ . 4 i
INTERNATIONAL, an Arizona ) 0 ‘ 0
Counrer—C1¤in1=¤m, ) 0 4 August 3, 2005 ‘
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MEADOWLARK LEMON, a married man,) · 7 1 0 Videotaped dep0sitiO11 of ·
6 C0Vmm_D€gmdam ) 8 BRUCE J. WEISFELD, held at the
7 ____ ,. ___,___..._......,,..._,,_ . 9 offices of Dreier, LLP, 1350 BY02dW¤Y» L
V V B 0 1 0 · New York, New York, pursuant to r0``i
. 9 V1g21§[?g]§jIP§,V1?e§§1?]§;QON OF 1 1 Notice, before Philip Rizzuti, a V ·
New Yeekg New Ywk 2 1 2 0 Notary Public of the State of New V eiwe
10 Wednesday, August 2, 2005 13 York. 1 3 .
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24 Reported by: ” 2 4 ii `
’ Philip Rizzuti 2 5 ` , 1
ze Jon No. 43l7A 2 -
TSG Reporting - Worldwide 212-702-95 80 TSG Reporting - Worldwide 212-702-95 80 Q;
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2 APPEARANCES; 2 APPEARANCES: 0
3 MoRoAN & MORGAN, P.A. 3 1 . V 1 1 11 3
4 ` Attgmgyg for Plaintiff ` 4 ROSENQUIST & ASSOCIATES —
5 20 North Orange Avenue, 16th floor 5 A11¤f¤¢YS for P1¤1m1i’1 1 1 A 1
6 1 Orlando, Florida 32801 V 6 $0 Eagt C<>111mb11S —
7 BY; KEITH ]VH'[‘N|K’ ESQ_ 7 PhOCIllX,VA1'lZOl'13 85012
8 - CLAY TQWNSEND, ESQ S BY; ANDERS RQSENQUIST, ng, Esq.
·· 1 0 GARVEY McNEIL & McGILLI’\/RAY, S.C. 1 0 LAW OFFICE OF FLORENCE M- BRUEMMER, P-C.
1 1 Attorneys for Defendants Harlem _ 1 1 A110f¤6>"f<>f Plaintiff 1 .1
12 0 Globetrotters, and Mannie and Catherine 12 3655 W- Amhem Way
L 3 Jackson 1 1 3 Suite A-109, PMB290 V 1 5
1 4 634 W. Main Street, Suite 101 1 4 Anthem, Arizona 85086 0 ‘
V _' 15 Madison, Wisconsin 53703 15 BY: FLORENCE M. BRUEMMER, ESQ., S
1 16 BY: ED GARVEY, ESQ. 1 V 16 ; .
17 cr—ra1SrA o. WESTERBERG, ESQ. 17 A1-S0 PRESENL 1
1 3 V 1 8 HEATHER ZAMORA HEGG, Videographer
L 9 DREIER, LLP 1 1 9 1 SANDRA VABALOS, CPA ` i
1 20 ` Attorneys for FUBU The Collection and 20 _- 1 1 " _ 1 V1 1 1 1 _ V jV
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22 1 1350VBroadway 22 L V 1 f 1 ‘ O 1 T 1
1 23 A New York, New York 10018 23 `0 ? V V
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1 y Page 66 . Page 67
1 Bruce Weisfeld r V 1 Bruce Weisfeld l—.i
2 Q. Tell me about the thorough 2 Q. With regard to accepting those A
y 3 discussion; what was the discussion? 3 representations, was there any additional
_ 4 A. We had a discussion on all sorts 4 trust instilled in Mr. Jackson either because
H C 5 of intellectual property that the Harlem 5 of his resume or because he had been a player
6 Globetrotters had, from cartoons which were 6 with the Harlem Globetrotters?
7 held by CBS, to player likenesses and names 7 MR. SACKS: Objection tothe form. I
I 8 and the status of his intellectual property, 8 A. I think in his capacity as CEO and I‘i
9 his filings, and the player likeness was one 9 owner of the Globetrotters, when he said that
. 1 O of those -- or the use ofthe player's name 1 O he had the right to use those names and pass
1 1 was one of those items that we discussed in 1 1 those along to us, we trusted him. But we
1 12 which he indemnified us and he said he had the 12 didn't trust him enough not to put an
1 3 right to use. 1 3 indemnity inte the cOmmet_ ggV_ 4
14 Q. Do you recall whether he said what 14 Q. Why did you put that in? j ;
1 5 specifically, why or how he obtained that 1 5 A. Because we wanted to protect
1 6 right? 1 6 ourselves for exactly this likelihood. · ;
17 A. Mannie Jackson was a Harlem j 17 Q. By putting that in you felt
. 1 8 Globetrotters himselti and from what he told V 1 8 comfortable in accepting his verbal
1 9 us, is that all players signed a contract with 1 9 representations as to having those rights, 1
2 O the original owner, I think it is Abe 2 O because you thought [if he was wrong you woul • g`_»
2 1 something, who I think also worked out of the 2 1 be legally protected; is that fair? _ ‘
22 Empire State Building, and they signed away, 22 MR. SACKS: Objection to the form.
2 3 at least what he told us, that they signed 2 3 Mischaracterizes the contract by
I 2 4 away their rights in perpetuity for the use of 2 4 referring to a verbal representation. Q
I 2 5 their name and likeness. 2 5 MR. GARVEY: Object. _ 1
~ TSG Reporting - Worldwide 212-702-95 80 TSG Reporting - Worldwide 212-702-9580
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1 Bruce Weisfeld 1 Bruce Weisfeld . i;'e
. 2 A. I think that is the role of an 2 Q. Let me mark this as the next
3 indemnity. 1 I 3 numbered exhibit, Weisfeld Exhibit 3, letter
y 4 Q. Do you recall him actually 4 dated October 8, 2003. °
5 presenting any player contracts to you to look 5 (W eisfeld Exhibit 3, letter dated
1 6 at? V 6 october 8,2003, marked for
7 A. No. I did not see any. I 7 identification, as of this date.) Y #
8 Q. Do you know if any were looked at? 8 Q. Exhibit 3 is a letter dated — IY
t 9 A. I do not know. 9 October 8, 2003 from Mannie Jackson to Dalla ii Q _1
_ ·· 10 Q. Did you ask to see any player 10 Thornton, and he attaches to it what purports ‘ j
1 1 1 contracts? 1 1 to be a list of FUBU sales from June of ’02 ‘ I; _ ,
, 12 I A. I believe that we asked, and I V 12 through May of '03, and that included alumni I V
y 13 think that due to the bankruptcy ofthe , 1 3 names. Do you see that? [
14 Globetrotters a lot ofthe original contracts I 1 4 A. Yes. r if
] 15 could not be located, or they were boxed up in 1 5 Q. Do you know whether or not that is g
1 6 places that were not accessible. So we took 1 6 a document that was created by Harlem Iw
ji 17 I that at it's face. 17 Globetrotters or a document created by FUBU,
18 Q. Who told you that, that -- ‘ 18 and I mean the attachment that shows the ~
‘ 1 9 A. I think Mannie, because we were 1 9 sales, not the cover letter? ?
2 O dealing with Marmie. 2 O MR. SACKS: Objection to the form. . ij
21 Q. Once this -- once you got notice 2 1 A. I d0n't know whocreated this, but
I, 22 of this litigation wasthere any effort to get 2 2 I Suspect it was Globetrotters. · V I 5
j I 23 documents of those old contracts from Mannie 2 3 I Q. Do you see on the left-hand side I
2 4 Jackson? 2 4 it breaks down by player name and style?
H 25 A. Idon't think so. 25 A. Yes. 1 1 i¤·V1 ‘ I .T? °
. TSG Reporting - Worldwide 212-702-9580 TSG Reporting - Worldwide 212-702-9580
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Case 2:04—cv—00299-DGC Document 238-21 Filed 11/21/2005 Page 2 of 2

Case 2:04-cv-00299-DGC

Document 238-21

Filed 11/21/2005

Page 1 of 2

Case 2:04-cv-00299-DGC

Document 238-21

Filed 11/21/2005

Page 2 of 2