Luka Doncic reportedly involved in legal battle against his own mother: All you need to know about the case
NBA and Dallas Mavericks superstar Luka Doncic finds himself in a legal battle with his mother, Mirjam Poterbin. Doncic's exploits on the court have made him a global star athlete. As per Bloomberg Law, the Slovenian wants to file his own trademark, "Luka Doncic 77," and pursue his business interests by himself.
However, the previous trademark in his name, "Luka Doncic 7," filed and registered in 2018 in the US Patent and Trademark Office, which his mother owns the rights to, is proving to be a stumbling block. An examiner considers Doncic's application to file his trademark could cause consumer confusion due to the mark his mom owns.
Why did Luka Doncic file a petition for the cancellation of his trademark owned by his mother?
Doncic filed a petition to cancel the "Luka Doncic 7" mark over a month ago. Doncic's case to cancel the registration of the mark is based on the fact that, "upon information and belief," his mother does not use the trademark in the US or is showing the intent to resume the use of the logo. Doncic also cites that he has no association with the trademark anymore.
However, Doncic hasn't backed up his allegations over the lack of activity with the trademark in the US. According to Mondaq, the 3x NBA All-Star hasn't provided factual support or demonstrated a reasonable inquiry into the non-usage of the logo.
Doncic's off-court business opportunities could take a hit if he doesn't prevail in this case. Only 23, the Slovenian point guard is just getting started with increasing his business portfolio. However, not owning the right to his name doesn't seem like an ideal situation.
In Sept, Luka Doncic's company, Luka99, Inc., filed a petition to cancel his mother's registered trademark for LUKA DONCIC 7.
He says he isn't affiliated or associated with his mother or the goods/services she is offering, and that he revoked the consent he previously provided. https://t.co/SkQlc76Gp4
Mirjam Poterbin retaliates by filing a motion to dismiss Doncic’s petition
According to Mondaq, Mirjan Poterbin retaliated against her son's petition to cancel the trademark she owns by filing a motion to dismiss the case. Her motion argues that Doncic's cancelation claim lacks valid ground.
Doncic was young and relied on his mother to make business decisions for him when the trademark got filed and registered in 2018. He had given written consent to his mother to handle the use of the mark on goods and services.
Mirjam Poterbin also asserts that the Mavericks superstar admitted to the same. Poterbin said that Luka admitted that she provided long-term assistance to him regarding business affairs related to the line of goods and services associated with the "Luka Doncic 7" mark.
Recently, @NBA superstar Luka Doncic initiated legal action against his own mother to reclaim #trademark rights she controls. In our latest post on #TheOfficialReview, we discuss this unique case & what it means for the future of #NIL rights: ow.ly/EL8b50L9uOa #SportsLaw https://t.co/IQuLxRhVKQ
However, Poterbin hasn't contradicted Doncic's allegations with factual indications or evidence that the logo is in use commercially in the country or regarding her intentions to resume business affairs with the logo.
Link to the source: Bloomberg Law / Mondaq