SAN ANTONIO — The NBA's City Edition jerseys are meant to show pride for communities the league's teams play for. In San Antonio, however, a mock design has sparked a legal feud.
On Wednesday the popular San Antonio restaurant Fred's Fish Fry filed a trademark infringement lawsuit against the creator of a viral mock San Antonio Spurs/Fred's Fish City Edition design, alleging he illegally partnered with an online store to sell jerseys depicting the restaurant's trademark red-white-and-blue pattern.
Bexar County Social Apparel and nearly 20 other online stories are listed as defendants along with Adrian Galvan, the artist who came up with the design. The complaint states Fred's owns trademark rights on its name and discernible logo, and alleges those shops are breaking the law by "confusing consumers into believing" the products – which on some stores includes pint glasses, T-shirts and fleece blankets – are affiliated with Fred's Fish Fry.
The lawsuit is seeking a jury trial, as well as payment of "all profits attributable" to the restaurant's trademarked designs.
>Read the full lawsuit below:
According to Galvan, the inspiration for the jersey was how much the new Spurs City Edition colors look similar to another San Antonio restaurant staple, Bill Miller BBQ.
"I thought, another San Antonio known restaurant that a lot of people love is Fred's Fish Fry," Galvan told KENS 5 on Nov. 6. "So I created it off the signature food box."
Galvan's creation went viral, and fans clamored for it to become reality. Soon after, the jerseys began showing up on Wade and Williamson's online store, where they were selling for $59.
Wade and Williamson officials said on Nov. 9 that the sales were to meant to help Galvan continue to make his own jersey designs. The store's link to the Spurs/Fred's Fish Fry mashup, however, has been taken down.
Mike Baez of Bexar County Social Apparel, which received a cease-and-desist letter from the Spurs legal team, is also named in the lawsuit. In a statement to KENS 5, Baez denied "any affiliation" with Galvan or Wade and Williamson.
"We assert our position in response to the alleged trademark infringement lawsuit," Baez said in the statement. "Following a cease-and-desist notice from the San Antonio Spurs, we promptly halted the sale of T-shirts and are committed to addressing the concerns raised, ensuring compliance with intellectual property rights. We expect a fair and satisfying outcome for all parties involved."
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