Victor Wembanyama Sues Fan Over Unauthorized NIL Use

Victor Wembanyama sues James T. Glodich for profiting from his NIL, claiming unauthorized use of his image to sell products like shirts and candles online.

Oct 15, 2024; Miami, Florida, USA; San Antonio Spurs center Victor Wembanyama (1) dribbles the basketball against the Miami Heat during the second quarter at Kaseya Center. Mandatory Credit: Sam Navarro-Imagn Images / Sam Navarro-Imagn Images

Victor Wembanyama, the rising star of the San Antonio Spurs and the NBA’s 2023 Rookie of the Year, is taking legal measures to safeguard his Name, Image, and Likeness (NIL). He has filed a lawsuit against a Texas man who has allegedly been using Wembanyama’s identity to sell various products. The lawsuit, lodged in a Texas federal court, targets James T. Glodich of Austin, accusing him of profiting from Wembanyama’s likeness without permission.

Wembanyama’s complaint highlights that the issue arose soon after he was picked first overall in the 2023 NBA Draft by the Spurs. Glodich allegedly began exploiting Wembanyama’s NIL in August 2023, just a month after the draft. Glodich is said to have applied for federal trademarks like “El Wemby” and “Wemby’s World” and even launched a website (although currently "Under Construction"), selling merchandise such as shirts, candles, baby bibs, and even wrapping paper with Wembanyama’s image. The site also reportedly features a section called “Wemby in the Wild,” displaying images of the basketball phenom.

The U.S. Patent and Trademark Office rejected Glodich’s applications, stating they “falsely suggest a connection” with Wembanyama. Despite this, Glodich continued selling these items, prompting the NBA star to take legal action. Wembanyama’s legal team, led by John M. Guaragna and Michael A. Geller from DLA Piper, argues that Glodich is guilty of false endorsement and violating Wembanyama’s privacy rights. According to the lawsuit, Glodich’s actions create the false impression that Wembanyama endorses these products, which allegedly harms the value of his NIL.

Wembanyama is seeking a court order to halt Glodich’s unauthorized use of his likeness and monetary damages to compensate for the harm caused. The complaint stresses that Glodich’s actions have deprived Wembanyama of control over his own NIL, an increasingly visible issue as NIL rights evolve, even for high-profile professional athletes.

For a public figure like Wembanyama, his image is vital to his personal brand and commercial ventures. By selling products linked to Wembanyama without approval, Glodich has allegedly taken advantage of Wembanyama’s NIL for personal gain, cutting him out completely.

Glodich will have the chance to respond, and he might argue that some of his products featuring cartoon images of Wembanyama, are transformative art and thus protected under fair use, especially since Wembanyama is a public figure. The case's outcome could set a precedent for how athletes can defend their NIL against unauthorized use at both an amateur and professional level.