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

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2 HARLEM ononnrnorrans » ) 2 _ 2 ` t
NTERNATIONAL, an Anzone ) - = .
3 Corporation ” ) - 3 i p
L Counter-Clagmant, ) 4 ALlg11SI 3, 2005 2 . »
2- VS. ) 5 V l 7 3.111.
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6 MEADOWLARK l3EMON. a married man,) 7 Videotaped deposition of ~
8 BRUCE J. WEISFELD held at the
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7 .... .. ..... 1 . 9 offices of Dre1er, LLP, 1350 Broadway, ; A
_ a 1 0 - New York, New York, pursuant to =
9 "13P1§,?gé*§§,,'?E§§Q§ggON OP 1 1 Notice, before Philip Rizzuti, a _ _ 1
2 New York, New York 1 2 Notary Public of the State of New - 1 1v
10 Wednesday, August 3, 2005 p 1 3 Yg;·k_ p
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22 1 2 22 1 · .
23 1 23 1 2
24 Reported by: 1 4 5
Philip Rizzuti if 3 -
25 Jon No. 4317A 1 p - 25 1 1 2 .
TSG Reporting - Worldwide 212-702-95 80 TSG Reporting 4 Worldwide 212-702-95 80 1
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2 2 APPEARANCES: 2 APPEARANCES; =
A 3 MORGAN & MORGAN, P.A. 3 » _ 2
4 Attorneys for Plaintiff 4 ROSENQUIST & ASSOCIATES =
5 20 North Orange Avenue, 16th floor 5 Afmmeys for Pleimiff P 1; fi
6 Orlando, Florida 32801 2 1 6 1 80 EaStC¤1¤mbuS 1 Q
7 BY; KEITH MITNIK’ ESQ 7 Phoenix,_Arizona 85012 Q
3 8 CLAY TQWNSEND, ESQ 8 BY: ANDERS ROSENQUIST, JR., ESQ. 1-
·· 1 O GARVEY McNEIL & McGILLIVRAY, S.C. 1 0 LAW OFFICE OF FLORENCE M- ERUEMMER. P-C-
2 p 1 1 Attorneys for Defendants Harlem 1 1 Affemeyfef Plaintiff 1 2
12 Globetrotters, and Mannie and Catherine 12 3655 W- Anthem Way 1 -l1 14
1 3 jackson 2 1 3 Suite A-,109, PMB290 ip
14 634 W. Main Street, Suite 101 14 _ Anthem, AfiZ0¤e 85086 n
1 2 15 Madison, Wisconsin 53703 15 BY1 FLORENCE M- BRUEMMER- ESQ·» 1
` 16 BY: ED GARVEY, ESQ. _ 16 1 §
1 7 CHRISTA O. WESTERBERG, ESQ. 1 7 ALSO PRESENT 2 . . 1 l j ·
QL 3 1 1 8 HEATHER ZAMORA HEGG, Videographer -
1 9 DREIER, LLP ’ _ ~ 2 1 9 3 A- ABALOS- CPA A A ” -
20 Attorneys for FUBU The Collection and 20 S 1 A S P ._ Y 1 Q2 I p 2 _ 1 l
21 GTFM 21 2 2 22,2 · ; _
22 2 1350 Broadway y 22 4 1 ~ 22 1 1, “ _1 - 1
23 New York,2New York 10018 A 23 A F 1 _ , ` .
24 BY: IRA S. SACKS, ESQ. p p 2 4 _ , g -. _ - _
25 SAFIA ANAND, ESQ. _ 22 2 _._...... 2 22 2 22...222 2. 2 2,,, y .._, .2 ,—,,, _< `
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1 Bruce Weisfeld 1 Bruce Weisfeld I 1 1 1 11 11 1 11 »·11 11 1»1·
2 Q. Tell me about the thorough 2 Q. With regard to accepting those
3 discussion; what was the discussion? 3 representations, was there any additional
Q4 A. We had a discussion on all sorts 4 trust instilled in Mr. Jackson either because
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? ti? `idt~ ·
7 held by CBS, to player likenesses and names 7 MR. SACKS: Objection to the form. ‘
8 and the status of his intellectual property, 8 A. I think in his capacity as CEO and
9 his filings, and the player likeness was one 9 owner ofthe Globetrotters, when he said that
1 O of those -- or the use of the player's name 1 O he had the right to use those names and pass i 1
1 1 was one of those items that we discussed in 1 1 those along to us, we trusted him. But we Ef‘ g_.gj 1
12 which he indemnified us and he said he had the 12 didn't trust him enough not to put an · 1
1 3 right to use. 1 3 indemnity into the contract. ·
1 4 Q. Do you recall whether he said what 14 Q. Why did you put that in? `
15 specifically, why or how he obtained that 15 A. Because we wanted to protect ‘
1 6 right? 1 6 ourselves for exactly this likelihood. ·
17 A. Mannie Jackson was a Harlem 17 Q. By putting that in you felt
1 8 Globetrotters himself] and from what he told 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 • .»
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 {
` 2 4 . away their rights in perpetuity for the use of 2 4 referring to a verbal representation.
2 5 their name and likeness. 2 5 MR. GARVEY: Object. _ 1 7
TSG Reporting - Worldwide 212-702-95 80 TSG Reporting - Worldwide 212-702-9580
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if Page 68 1 Page 69
1 Bruce Weisfeld 1 Bruce Weisfeld
2 A. I think that is the role of an Q 2 Q. Let me mark this as the next ,
3 indemnity. 3 numbered exhibit, Weisfeld Exhibit 3, letter 3. ,5
4 Q. Do you recall him actually 4 dated October 8, 2003. $$,1.
5 presenting any player contracts to you to look · 5 (Weisfeld Exhibit 3, letter dated y , F:
6 at? ' 6 October 8, 2003, marked for J QQ
7 A. No. I did not see any. 7 identification, as of this date.) . Q
8 Q. Do you know if any were looked at? . 8 Q. Exhibit 3 is a letter dated . - i.
9 A. I do not know. 9 October 8, 2003 from Mannie Jackson to Dalla ,.,· 1 I5 ;
. 1 10 Q. Did you ask to see any player 1 O Thornton, and he attaches to it what purports
1 1 contracts? 1 1 1 to be a list of FUBU sales from June of '02
12 A. I believe that we asked, and I 12 through May of '03, and that included alumni 1
1 3 think that due to the bankruptcy ofthe 13 names. Do you see that? 1,; Y Z
1 4 Globetrotters a lot of the original contracts 14 A. Yes. 1 `1?
1 1 1 5 could not be located, or they were boxed up in 15 Q. Do you know whether or not that is Q I
1 6 places that were not accessible. So we took 1 6 a document that was created by Harlem , S; 1 _
17 that at it's face. Q 17 Globetrotters or a document created by FUBU, ,1
18 Q. Who told you that, that -- 18 and I mean the attachment that shows the 1*; .
it ‘ 19 A. I think Mannie, because we were 19 sales, not the cover letter? /1 1 J
jj 2 O dealing with Mannie. 2 O MR. SACKS: Objection to the form. 1 Y I 1
1 2 1 Q. Once this -- once you got notice 2 1 A. I don‘t know who created this, but §
1 22 of this litigation was there any effort to get 22 I suspect it was Globetrotters. 1 ~ ` i t
23 documents of those old contracts from Mannie 2 3 Q. Do you see on the left-hand sides? . r S
· 2 4 Jackson? 2 4 it breaks down by player name and style?
Z 2 5 A. I don't think so. 2 5 A. Yes. 1 · ima 1*31:1iY
TSG Reporting - Worldwide 212-702-95 80 TSG Reporting - Worldwide f2 I2-792-9580
Case 2:04-cv-00299-DGC Document 238-15 Filed 11/21/2005 l PQQG 2 of 2
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Case 2:04-cv-00299-DGC

Document 238-15

Filed 11/21/2005

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Case 2:04-cv-00299-DGC

Document 238-15

Filed 11/21/2005

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