Argentinian company takes aim at Big Baller Brand
The founders of Argentinian streetwear and lifestyle company Baller Brand called LaVar Ball a thief in an Instagram post Friday, though a legal expert told USA TODAY Sports that Ball’s Big Baller Brand isn’t in any legal danger.
Diego and Leandro Franco, brothers who founded the company in 2006, say LaVar Ball, the father of UCLA product and future NBA draftee Lonzo Ball, stole the brand name by just adding “Big.” They added that LaVar Ball “wasn’t creative enough to create his own brand name (and) just took ours.”
“We are a company that started from ground zero 11 years ago,” the Franco brothers told USA TODAY Sports. They said they had hired legal counsel in Buenos Aires and were deliberating about how to move forward. “We have many proofs (of photos) that we (have been) doing this way before LaVar.”
LaVar Ball first applied for the Big Ball Brand trademark eight months ago, and it became a registered trademark in March. The Francos didn’t submit their filing until Wednesday.
Therese Varndell, a partner with Virginia-based Posz Law Group, doubted the Francos would find success with either an attempt to cancel Ball’s pat- ent or seek damages via the courts.
“I don’t think they are going to get any sort of trademark relief,” Varndell said. “The Big Baller Brand is already registered. I don’t see what kind of damages they’d be able to claim, given (Ball’s) trademark. In the eyes of the law, he has a valid, registered trademark, and that’s enforceable.”
Varndell said the Francos could seek relief under common law, but such legal efforts are costly with little chance of success.
The Franco brothers said the decision to go public with their disdain for the Ball family’s brand stemmed from the constant media coverage and exposure LaVar has drawn to Lonzo and the Big Baller Brand over the months leading to the NBA draft.
Varndell said the fact they waited until last week to register — or raise concerns over Ball’s trademark — would likely mean the Francos’ filing would be rejected.
The Balls’ signature brand, Big Baller Brand, filed for trademark on May 21, 2016, and registered Big Baller for trademark on May 8, 2017. The Balls just came out with their first shoe, the ZO2, which has drawn intense coverage to the brand because of the $495 price tag. Lonzo Ball was turned down by major shoe companies Nike, Under Armour and Adidas because of LaVar’s desire to co-license with the Big Baller Brand. LaVar Ball said on Fox Sports last week that he was now asking for $3 billion from companies interested in collaborating on a shoe deal. Less than 500 total pairs of shoes were reportedly sold in the first week of sales.
The Big Baller Brand cites on its website that it was inspired by the three Ball brothers, Lonzo, LaMelo and LiAngelo.
Calls to the Ball family were not immediately returned.