NEW YORK—The NFL is investigating possible infringement after five of its players appeared on a flyer advertising a party during Exxxotica Miami Beach. Players pictured on the ad in official team uniforms could constitute trademark infringement and a violation of the league’s intellectual property.
The five players—Kansas City Chiefs Eric Berry and Brandon Flowers; Oakland Raider Jacoby Ford; Houston Texan Kareem Jackson; and Chicago Bear Major Wright—appear on a flyer along with adult stars and models Trina Michaels, Jamie Valentine, Blondie Boom, Kim Kennedy and Bella Reese advertising “the official afterparty” for Exxxotica at Club Play.
J. Handy of Victory Tradeshow Management, parent company of Exxxotica, told AVN that the company licenses the Exxxotica name to third parties who must adhere to the terms stipulated in the license agreement. In this case, Victory licensed the Exxxotica name directly to Club Play to use its name in conjunction with promoting the party.
Handy said that he didn’t know any NFL players would be used in promotional materials and that he didn’t see the flyer before it was distributed. The responsibility to adhere to trademark laws and intellectual property would fall on the party promoters and the person or persons that created the promotional materials.
But questions arise. For instance: if the NFL licenses its name to a third party that then misappropriates the league’s image, is the NFL responsible?
“With the agreement anyone can produce an Exxxotica afterparty as long as they use our logo appropriately and allow our VIPs in at no charge,” Handy said. “It’s a great value for us because it doesn’t cost us anything and our VIPs are taken care of. We’re a third party in this whole situation.”
Handy said that the company’s legal counsel would be reaching out to the NFL to explain its licensing agreement to them.
Meanwhile, the players are denying involvement in the party itself. Eric Berry’s agent, Chad Speck, issued a statement that said his client wasn’t involved.
“Eric did not attend and had no knowledge of this event,” the statement read, “and he certainly did not approve the use of his name and image in connection with the party.”
The NFL, vigorous protector of its marks, is looking into the situation. League spokesman Brian McCarthy told the Kansas City Star that the organization’s legal department would likely issue a cease-and-desist letter to the South Beach club, which “usually ends it.”
“The NFL office works on behalf of the clubs to protect their intellectual property rights in matters such as this,” McCarthy told ABC 7 in Chicago. “Our legal team is reviewing the ad. In general, companies not affiliated with the NFL or its clubs may not depict a player in his uniform.”
Bears safety Wright issued a statement through his agent, Mitch Frankel, in which he denied knowing about the party's porn connection.
“I authorized my name and likeness to be used in conjunction with other NFL players at a party I believed to be hosted by other NFL players," Wright said. "I had no knowledge and never would have given authority for my name or likeness to be associated with Exotica Expo 2011. I am deeply disappointed that my name and likeness was manipulated by the promoters of this event. The use of my picture in a Chicago Bear uniform was never discussed or approved."
Asked if the players appearing at a club for a party with porn stars raised any concerns for the league, McCarthy said he would not comment.
