The co-founder of Big Baller Brand has filed suit against Puma sportswear, pro basketball player LaMelo Ball and his parents, claiming they stole trademarks for products he designed to use as part of a huge deal the Ball family signed with Puma.
The plaintiff, Gregory Alan Foster, claims LaMelo Ball "fresh off his lucrative new endorsement deal with PUMA as the 'new face' of that company, knowingly engaged in misappropriation, trademark infringement, trademark dilution, and other related tortious acts."
Puma wanted to use Foster's trademarks but "chose instead to utilize marks that were intentionally designed to be confusingly similar, so as to ride the goodwill coattails of [Foster's] intellectual property without having to pay for it."
In early 2016, LaMelo's father, LaVar Ball, contacted Foster and "asked for his business guidance on how he could monetize his sons’ basketball careers and minimize the risk of his three sons being exploited by the sports industry, including sports agencies, retail manufacturers and the media," the lawsuit states.
Foster, "expressed that branding the 'Ball' name around their 'basketball family' was the marketing opportunity of a lifetime and had the potential to yield significant revenue," the suit states. " Alan and LaVar discussed the advantages and disadvantages of the Ball family forming its own sports agency,
marketing, and apparel merchandising companies."
Foster provided the money to start Big Baller in exchange for a third ownership interest, according to the suit. The brand released LaMelo’s first signature shoe - the MB1 in 2017, according to the suit. That same year, Big Baller filed an application for a trademark “Melo Ball1” in connection with the shoe, which was granted the following year, the suit states. Other trademarks followed.
In 2019, Lavar Ball created a new company, BBB Inc. and transferred the trademarks to it, the suit states.
"BBB Inc. was formed without [Foster's] knowledge or consent," the suit says. Foster "has been granted no ownership or interest in BBB Inc. and has not been permitted to be involved in BBB Inc.’s business operations."
Foster seeks damages for alleged trademark infringement, plus attorney fees.
He is represented by attorney Raymond E. Brenneman, of Los Angeles.
Foster v. Puma North America Inc. et al, U.S. District Court for the Central District of California, 2:23-cv-09372