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

` ‘ GARVEY & STODDARD, S.C.
ATTORNEYS AT LAW
EDWARD R. GARVEY 634 WEST MA1N STREET - SUITE 101 _ TE1.E1>noNE: (608) 256-1003
GLENN M. STODDARD MADISON, WI 53703 - FACSIMILE (608) 256-0933.
KATHLEEN G_ MCNEHJ www.garveystoddard.com ,
;A£;’iRM°§dE;l;¥;;IVMY . _ OE COUNSEL!
CHRISTA O. WESTERBERG . PETER E' MCKEEVER
_ October 21, 2003 ’
Attorney Clay M. Townsend
Morgan Colling & Gilbert - ·
20 N. OrangeAvenue, 16th Fl.
P.O. Box 4979 ·
Orlando, FL 32802-4979 " I
RE: Fred Neal, Dallas Thornton and Larry Rivers _ · L
Dear Mr. Townsend:
This law firm represents Harlem Globetrotters International, Inc. ("HGI”). Mr. Jackson »
forwarded your October 3, 2003 letter to our attention, and this is HGI’s response. V .
Like all other past-and present Harlem Globetrotter Players, Neal, Thornton and l
Mr. Rivers have contractually granted HGI the perpetual 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
A and likenesses" for advertising, promotion, publicity and trade purposes as well as for use , _
in connection with "the manufacture, production, distribution, sale, advertising and
promotion of any and all articles of merchandise, including but not limited to . . . films,
p souvenirs, novelties, toys, games and the like, exploiting HGI and/or Player."
All uses of your client or clients’ names, professional nicknames and likenesses that you
cite are covered by this contractual grant. . 1
In your letter, you asserted that Mr. Neal, Mr. Thornton and Mr. Rivers may have
registered their “names, likenesses, images, celebrity images, etc." Please send us copies p
of any and all such trademark registration documentation so we can assure HGI that your
clients are not utilizing HGI’s marks, including but not limited to itsname, 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. I
Y f Yi E 1 i .
case 2:04—cv—O0299—DGC Do Q it_l · 1 1/21 /2005 Page 1 of 2

I Clay M. Townsend, Esq. l
` Page 2 of 2 J .
For your information, the bobble-head dolls were created as a way to fund the Harlem 1 ’
o Globetrotter International Foundation, and even though HGI was under no obligation to
share the proceeds of bobblehead sales with any of the six Alurrmi whose likenesses as
V 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 HGI compensate him for what he licensed itto use.
HG1 declines your invitation to send you copies of its contracts with others.
W l<7"“"“’
V 1 Edward R. G I 2
‘ cc: Mannie Jackson
Case 2:04-cv—00299 t GC Document 238-19 Filed 11/21 /2005 Page 2 of 2

Case 2:04-cv-00299-DGC

Document 238-19

Filed 11/21/2005

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Case 2:04-cv-00299-DGC

Document 238-19

Filed 11/21/2005

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