The ‘Wemby’s World’ website, which sold a variety of ‘El Wemby’ merchandise, is no longer operating.
SAN ANTONIO — Victor Wembanyama is preparing for a different kind of court.
The reigning NBA Rookie of the Year is suing an Austin man for allegedly profiting off his image without permission.
The federal lawsuit claims James T. Glodich, who owns the “Wemby’s World” website, used the San Antonio Spurs star’s name and likeness to sell merchandise without authorization. The website featured “El Wemby” sweatshirts, T-shirts, candles, bibs and wrapping paper.
It has since been taken down.
Michael Cohen is an intellectual property attorney with the Cohen IP Law Group in California. He says these types of lawsuits are common among celebrities and mega athletes.
“If (the character) resembles a celebrity, no matter who it is – an athlete or a rock star, whoever it is – you cannot usurp their image for profit,” said Cohen. “You just can’t. It’s a misappropriation of their likeness. Further than that, there have been cases where people have utilized a voice of a celebrity and if that voice is iconic enough, that can also be misappropriation of their likeness.”
Cohen says Wembanyama’s team has a responsibility to protect his brand.
“Part of the power of a celebrity is their name, image and likeness,” he said. “That equates to revenue. That’s how they are able to get these big endorsements and big brands like Nike and Louis Vuitton. So, if there are any third parties that will have an impact on that, it will dilute the power of the (celebrity’s) name, image and likeness.”
According to the lawsuit, the Austin man tried to trademark “El Wemby” sweatshirts and T-shirts, and “Wemby’s World”-branded clothing. However, the U.S. Patent and Trademark Office rejected those applications.
Wembanyama’s attorneys claim Glodich ignored their multiple cease-and-desist letters.
Locked on Spurs Host and KENS 5 Spurs Writer Jeff Garcia has been following fan reaction.
“Overall, a lot of Spurs fans, I would say 99.9% of them, understand Wemby,” said Garcia. “There was a little sliver of Spurs fans who were saying, ‘Come on Wemby, are you really going to go after the little guy?’”
Garcia believes the lawsuit serves a bigger purpose.
“I think it’s just a warning to everyone out there who is trying to take advantage of Wembanyama and his likeness. This is definitely setting a precedent.”
According to Cohen, if there was in fact no agreement between Glodich and Wembanyama, the federal lawsuit is essentially a “slam dunk” case.
“Wemby is going to most likely get what he wants, which is for them to stop,” said Cohen. “It seems like they already got that, the website is taken down. The monetary damages aspect is a whole other ballgame, whether he gets that or not.”
KENS 5 reached out to Glodich and Wembanyama’s attorneys for comment. We are waiting to hear back from both parties.