"Bad Faith," or: Why Dirk Belongs Only to Dirk

Tammy_Dombeck_Dirk_Swish.jpg
Via.
Channel 5's Tammy Dombeck models the DirkSwish shirt.
Perhaps you recall: During the NBA playoffs, some locals launched the site DirkSwish.com, where they sold the T-shirt you see at right -- a rather popular tee, matter of fact, which sold for $19.99. Got some nice national pub, and the attention on The Ticket didn't hurt either. Turns out, though, the man on the tee -- one Dirk Nowitzki of Your World Champion Dallas Mavericks -- didn't much care for it. And so he hired attorney Robert Ward of Gardere Wynne Sewell to put a stop to it.

As we discover this morning, the case -- Dirk Nowitzki v. Happy Bulldawg Entertainment -- went before the National Arbitration Board, where, at the end of last week, Carol Stoner handed down her ruling in favor of the man known as Swish41 on Twitter. The guys behind the site claim they only sold the tee "at the request of the masses," and that they didn't mean any harm. But Stoner says: Um, no.
This Panel rules that, as Complainant has met its prima facie burden to establish that Respondent lacks rights in the mark, that the burden has shifted to Respondent to prove its rights in the mark. Here, Respondent has not met its corresponding burden of proof, through its recitation of vague allegations that two named individuals "made comments in person, via email, or via text message that indicated or suggested to Respondent's principals that Complainant had no objections to their use of his name."

Rather, such use remains unauthorized, and is at the expense of Mr. Nowitzki, his name and substantial goodwill, and constitutes disruption and evidence of bad faith registration and use.
Read the entire ruling here. Meanwhile, the DirkSwish site is down: "Just wanted to let everyone know we are making some changes to the site."

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12 comments
Jimmy
Jimmy

that's a dicky move by Dirk...

Bobby G
Bobby G

What's ironic to all of this is Dirk personally autographed the Legendary Icon tee to one of the creators (a 13 yr season ticket holder) right after the Finals and told his closest friends how much he liked it. (he has four custom made for himself) Very bizarre indeed...I guess $$$ always takes precedent when wrong people get involved. (ie- competition)

Mike Fisher
Mike Fisher

There was no bad faith involved.  Perhaps you should interview the creators of the Legendary Icon.

Im_Ed_Carter
Im_Ed_Carter

The designs sucked ass! Dirk had to do something!

In ice cream truck drag racing...

B-Rad Davis
B-Rad Davis

hmmm, i dont quite understand. was the nail in their guilty coffin the fact they advertised it using "Dirk", "41"?

If they had simply put that graphic out there w/ no direct correlation to Dirk himself would it be ok? no doubt, we'd all be able to put the pieces together to identify that it was indeed dirk but perhaps escape direct legal implications.

someone makes a shot like that every single game (arguably) every single night in the NBA.

Sports Princess
Sports Princess

Actually, that appears to be the only way to tell it's a chick.

DuckDuckGoose
DuckDuckGoose

Nothing like drawing a (giant) circle around her chest to emphasize.

Guest
Guest

Boy, I highly doubt that many of the t-shirts in question looked as good as that one.

Mike
Mike

You need to get some attention to your eyes.  Get up at 5 AM and watch Tammy in action.  An appropriate legal remedy would be for Tammy to remove the shirt in question.  Seems fair to me. 

engmofo
engmofo

That adam's apple looks awfully large........

Guest
Guest

Didn't notice that is DDombeck. Good choice.

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