SAN ANTONIO — Victor Wembanyama filed a lawsuit on Tuesday, alleging unauthorized merchandise bearing the San Antonio Spurs star’s name, image and likeness was sold despite calls from Wembanyama’s team to cease operations.
James T. Glodich’s website, Wemby’s World, sells Wembanyama merchandise including T-shirts, hoodies, mugs, candles, mousepads and more.
Wembanyama, known by his nickname “Wemby,” has seen a meteoric rise to fame in the year after getting drafted by the San Antonio Spurs in 2023.
The lawsuit, filed in the U.S. District Court Western District of Texas in Austin, alleges that Glodich filed an application to trademark “Wemby’s World” for “retail goods services” the day before Wembanyama’s NBA debut.
The items used as evidence in the lawsuit depict Wembanyama in a loteria card-themed design with the words “El Wemby” used on several merchandise items.
The lawsuit alleges that Glodich did not respond to three separate demands from Wembanyama’s counsel that Glodich cease use of the NBA star’s name, image and likeness. The demands were sent in a letter to Glodich on Nov. 2, 2023, Nov. 21, 2023, and Dec. 15, 2023.
It also alleges that Glodich continues to sell items with the “El Wemby” design on the Wemby's World website.
“On information and belief, Glodich knows his use of Wembanyama’s name, image, and likeness is neither permitted nor authorized by Wembanyama. As a result, Glodich has acted knowingly, willfully, in reckless disregard of Wembanyama’s rights and in bad faith,” the lawsuit says.
The lawsuit says that Glodich committed acts that violate Wembanyama’s right of privacy under Texas common law and orders Glodich to pay Wembanyama damages, including attorney’s fees, for violating his privacy.