According to court documents obtained by The Blast, Hall of Fame Sports Memorabilia has filed suit against NBA Properties.
The company has been in the business of selling authentic autographed sports memorabilia and custom sports jerseys since 2012. They sell the majority of their jerseys online and through third party sites like Amazon and eBay.
Hall of Fame says their custom jerseys are “designed to be autographable collectible items.”
“The jerseys show names and numbers, but do not display any professional sports team’s name or logo, nor do they display any mark or logo of the National Basketball Association (“NBA”). They differ from NBA-licensed jerseys in numerous other respects, including, e.g., differences in color scheme and type font.”
Hall of Fame says all their listings have a disclaimer noting the product is not associated with any professional sports league.
The company says NBA properties started to contact eBay in September 2019. They accused Hall of Fame of selling “counterfeit” jerseys and trademark infringement. NBA properties caused several posts to be removed by the auction site.
The listings that were removed included an Anthon Davis #3 Los Angeles Yellow Custom Stitched Jersey, Anthony Davis #23 Los Angeles Yellow Custom Stitched Jersey, Lonzo Ball New Orleans Blue Custom Stitched Jersey, Zion Williamson New Orleans Red Custom Stitched Jersey, LeBron James #6 Los Angeles Yellow Custom Stitched Jersey and another LeBron posting.
Further, they say eBay suspended their account for a week and caused them financial harm.
Hall of Fame is asking a judge to find their sale of custom sports jerseys does not infringe on the NBA’s trademarks.