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WHOA! Possible Trademark Infringement and Defamation All in One?????


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shmessy

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Brought to you, of course, by the MCI's continuing trolling campaign:

Ben Volin ✔ @BenVolin
Tom Brady gummy candy http://www.itsugar.com/tom-brady-quarterback-gummies.html#!prettyPhoto… pic.twitter.com/WYBVSEmSfp



Seriously - - the NFLPA and Brady signed off on this merchandise and advertising campaign????????

Went to the link and here's the website ad for this product complete with an NFLPA "insignia" at the bottom right of the product:

http://www.itsugar.com/tom-brady-quarterback-gummies.html#

"Tom Brady Quarterback Gummies
No worries, Patriots fans. These footballs deflate in your mouth, not in your hands. We’re talking about gummy footballs, of course. In lemon, orange, strawberry, raspberry, and lime flavors! Perfect for sideline snacking or just as a delicious ode to Tom Brady. You know... cause #freebrady. 3.5 oz (100g)."

1050_-_tom.brady.png
 
I would guess the snack was in the works for more than 6 months. I would also guess the NFLPA probably signed off on the product and not necessarily the stupid description some PR guy threw on a website.
 
I would guess the snack was in the works for more than 6 months. I would also guess the NFLPA probably signed off on the product and not necessarily the stupid description some PR guy threw on a website.


Possible.

But here is where it gets improbable. Brady and Bundchen are spokespeople for a "healthy candy" called "Unreal Candy". He endorses that product and gives talks about it and the importance to him of good nutrition.

http://getunreal.com/pages/world

It would be interesting to see if he knows about THIS product (and its description) along with the fact that something purporting to be his autograph signature is on the wrapper.
 
It's a trademark violation, not copyright.
 
The package has the NFLPA seal on it, so they can use Brady's name and likeness (assuming, of course, they aren't stealing the NFLPA's logo and rights that accompany it).
 
I can just picture MCI guffawing at another lame deflate gate joke.
 
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Looool cuz #freebrady
 
I suspect It'Sugar was granted a group license to use NFL Players in their products and Brady had no say in it.

This is from Arian Foster's NFL contract with Houston:

PUBLICITY AND NFLPA GROUP LICENSING PROGRAM. (a) Player grants to Club and the League, separately and together, the authority to use his name and picture for publicity and the promotion of NFL Football, the League or any of its member clubs in newspapers, magazines, motion pictures, game programs and roster manuals, broadcasts and telecasts, and all other publicity and advertising media, provided such publicity and promotion does not constitute an endorsement by Player of a commercial product. Player will cooperate with the news media, and will participate upon request in reasonable activities to promote the Club and the League. Player and National Football League Players Association, hereinafter “NFLPA,” will not contest the rights of the League and its member clubs to telecast, broadcast, or otherwise transmit NFL Football or the right of NFL Films to produce, sell, market, or distribute football game film footage, except insofar as such broadcast, telecast, or transmission of footage is used in any commercially marketable game or interactive use. The League and its member clubs, and Player and the NFLPA, reserve their respective rights as to the use of such broadcasts, telecasts or transmissions of footage in such games or interactive uses, which shall be unaffected by this subparagraph.


(b)Player hereby assigns to the NFLPA and its licensing affiliates, if any, the exclusive right to use and to grant to persons, firms, or corporations (collectively “licensees”) the right to use his name, signature facsimile, voice, picture, photograph, likeness, and/or biographical information (collectively “image”) in group licensing programs. Group licensing programs are defined as those licensing programs in which a licensee utilizes a total of six (6) or more NFL player images on or in conjunction with products, (including, but not limited to, trading cards, clothing, videogames. computer games, collectibles, internet sites, fantasy games, etc.) that arc sold at retail or used as promotional or premium items. Player retains the right to grant permission to a licensee to utilize his image if that licensee is not concurrently utilizing the images of five (5) or more other NFL player on products that are sold at retail or are used as promotional or premium items. If Player’s inclusion in a particular NFLPA program is precluded by an individual exclusive endorsement agreement, and Player provides the NFLPA with timely written notice of that preclusion, the NFLPA will exclude Player from that particular program. In consideration for this assignment of rights, the NFLPA will use the revenues it receives from group licensing programs to support the objectives as set forth in the By-laws of the NFLPA. The NFLPA will use its best efforts to promote the use of NFL player images in group licensing programs, to provide group licensing opportunities to all NFL players, and to ensure that no entity utilizes the group licensing rights granted to the NFLPA without first obtaining a license from the NFLPA. This subparagraph (b) shall be construed under Virginia law without reference to conflicts of law principles. The assignment in this paragraph shall expire on December 31 of the later of (a) the third year following the execution of this contract, or (b) the year in which this contract expires. Neither Club nor the League is a party to the terms of this paragraph, which is included herein solely for the administrative convenience and benefit of Player and the NFLPA. The terms of this subparagraph apply unless, at the time of execution of this contract, Player indicates by striking out this subparagraph (b) and marking his initials adjacent to the stricken language his intention not to participate in the NFLPA Group Licensing Program. Nothing in this subparagraph shall be construed to supersede or any way broaden, expand, detract from, or otherwise alter in any way whatsoever, the rights of NFL Properties, Inc. as permitted under Article V (Union Security), Section 4 of the 1993 Collective Bargaining Agreement.

http://www.sec.gov/Archives/edgar/data/1573683/000104746913009713/a2216998zex-10_3.htm
 
What's next? Ray Rice Spousal Abuse Rice Cakes? Anything to make a buck right?
 
What's next? Ray Rice Spousal Abuse Rice Cakes? Anything to make a buck right?


I was thinking more along the lines of microwave P'tone' Duck L'Orange'.
 
When is Goodell's Sphincter Kisses Candy coming out? Bendover Violin will probably corner the market when it does...
 
It could be fun to make up your own NFL Candy.

Darrelle Revis Cornerback Gummies

No worries Jets fans, you can now purchase these gummies in Jets colors. The lime flavor is one of our best sellers. The gummy comes in the shape of a boomerang with the Vince Lombardi Trophy in the middle and flanked on both sides with the $ sign in Jets green. Although these are our most expensive candies, we suggest you do not eat them but use them as a short term investment. There is always someone who will pay alot of money to own a Revis Gummy.
 
Goodie's Integrity Bars on sale now for half a mil and a draft pick.
 
The more I read stuff like this the more I am concerned that Brady will decide, "Hey, this isn't fun anymore," and retire a couple of years earlier than he otherwise might have. With a net worth in the half billion dollar range and likely to grow to put himself and Gisele in the billionaire's club in a few years without doing much more than getting out of bed in the morning, he really doesn't need any of this crap any more.

He's not going to change the minds of the haters in the next five years and will have to rely on the judgment of sane observers 10--20 years from now for a proper assessment of his legacy.

So, let's enjoy and appreciate him while we have him.
 
The more I read stuff like this the more I am concerned that Brady will decide, "Hey, this isn't fun anymore," and retire a couple of years earlier than he otherwise might have. With a net worth in the half billion dollar range and likely to grow to put himself and Gisele in the billionaire's club in a few years without doing much more than getting out of bed in the morning, he really doesn't need any of this crap any more.

He's not going to change the minds of the haters in the next five years and will have to rely on the judgment of sane observers 10--20 years from now for a proper assessment of his legacy.

So, let's enjoy and appreciate him while we have him.


Why would he do THAT? The football field is one of the only places where he can get away from all the piffle.
 
Why would he do THAT? The football field is one of the only places where he can get away from all the piffle.
I hope you're right, but I think there can be a point for anyone where even the environment in which one does what one loves can become so toxic that the fun goes out of it. But, I do hope you're right and I'm wrong.
 
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