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Bird sues owners of his former home over use of name

 

EVANSVILLE, Ind. -- Larry Bird filed a lawsuit alleging a couple who bought his former home in southern Indiana are improperly using his name to promote a bed-and-breakfast.

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The lawsuit, filed in U.S. District Court, claims Georgianna Lincoln and Christopher Cooke did not have permission to use the NBA Hall of Famer's name with the property and are profiting off his trademark by stating the home belonged to him.

"The commercialization of Larry Bird's name in association with this former property is wholly and completely unauthorized and is blatantly being done for the sole purpose of profiting illegally from Larry Bird's name," the lawsuit states.

Cooke, an attorney in Alaska, said Tuesday that negotiations had ended in good faith with a spoken permission to use Bird's name in association with the home.

"That's what it is. Everybody in French Lick calls it Larry Bird's home," Cooke said. "All I know is they told us certain things when we were considering purchasing the property, and after we bought it they had a different story."

The website for the 12-acre resort called the "Legend of French Lick" advertises the property as "the former home of Larry Bird" and invites visitors to play basketball on the court where Bird "spent hours practicing and perfecting his shot when at home in French Lick."

As a star with the Boston Celtics, Bird picked up various nicknames including "the Hick from French Lick" and the "Legend of French Lick." Bird, now president of the Indiana Pacers, trademarked his name and likeness with U.S. Patent and Trademark office to control their use in promotions and items such as T-shirts.

Cooke said he was aware of the trademark but stressed he was given permission to use it.

"They told me we could make truthful statements about Larry's past," Cooke said. "Larry even called me and wished us well and thought we would do well."

Indianapolis law firm Ice Miller filed the lawsuit Monday against the Legend of French Lick LLC, the company run by Lincoln and Cooke. Attorney Mark Wukmer, who is representing Bird, declined to comment Tuesday.

The lawsuit states that Lincoln and Cooke also attempted to buy furniture and memorabilia in the home to use in the resort, but the requests were denied.

Cooke, however, said Bird's representatives gave him an "appreciation packet" including basketballs signed by Bird and jerseys from Indiana State, which Bird led to the NCAA championship game in 1979.

AP NEWS
The Associated Press News Service

Copyright 2007-2008, The Associated Press, All Rights Reserved
 
Talk Back
Reputation:34
Level:Rookie
Since:Apr 2, 2008

May 13, 2008 7:13 pm

As a resident of Southern California, this is used quite frequently to sell real estate. Across Los Angeles and other counties, homes are advertised as former homes of movie and t.v. stars, musicians and athletes. What is wrong with stating fact? Larry Bird lived there....plain and simple.

The other argument is pretty common. Larry Bird has a lot of money, and he does not have a resort ...(more)

Reputation:96
Level:Superstar
Since:Feb 4, 2007

May 13, 2008 8:05 pm
Is anyone really beating a path to stay in a house where Larry Bird took numerous dumps?
I mean other than Beantowners.-aloha
Reputation:97
Level:Superstar
Since:Mar 29, 2007

May 13, 2008 3:23 pm

The spoken word does not work when it comes to real estate transactions.  This business is saying he gave them his spoken word when the bought the property to use his name. 

There's a saying in real estate (or any legal transaction)....GET IT IN WRITING.

 

 

Reputation:92
Level:All-Star
Since:Feb 14, 2007