Thearon W. Henderson/BIG3/Getty San Antonio Spurs legend George Gervin is suing Ralph Lauren in a dispute over sneakers bearing his name.
San Antonio Spurs legend and basketball hall of famer George Gervin has filed a $2 million lawsuit against Ralph Lauren in a dispute over sneakers bearing his name, according to court documents obtained by Heavy.
Gervin, known as “the Iceman,” played for the Spurs from 1974 to 1985, and was inducted into the Naismith Memorial Basketball Hall of Fame in 1996, filed the lawsuit against the fashion company in the Southern District of New York federal court in February 2023.
Gervin accused Ralph Lauren of using his name without his consent in the company’s “Gervin Mid,” retro high-top sneakers, according to court documents. He accused Ralph Lauren of creating a false endorsement, infringing on his trademarks and infringing on his right to privacy.
Ralph Lauren filed a motion to dismiss the lawsuit on May 22, 2023.
Here’s what you need to know:
George Gervin’s Attorney Sent a Cease & Desist to Ralph Lauren & the Company Claimed It Didn’t Know There Was a Basketball Player With That Name, the Lawsuit Says
In the lawsuit, Gervin’s attorneys, Robert Garson and Kevin Kehrli of the firm Garson, Segal, Steinmetz, Fladgate LLP, wrote, “Firmly ensconced in the pantheon of basketball greats, Mr. Gervin, a member of the Naismith Memorial Basketball Hall of Fame and pioneer of the game, is widely credited with a number of scoring records (only Wilt Chamberlain and Michael Jordan have won more league scoring titles than Mr. Gervin’s four), trends, and accolades, including his signature finger roll, and leading the way during the emergence of the hightop basketball sneaker, both of which are now commonplace in the sport.”
They continued, “Mr. Gervin has been passionate about educating and raising awareness among younger athletes about the importance of protecting their privacy, personal information, names, likenesses, data, and other aspects of their identities for some time. As is his right, Mr. Gervin fiercely protects his name, image, likeness, and persona.”
According to the lawsuit, Gervin’s wife received a text from a friend in April 2022 congratulating them that “Ralph Lauren named a shoe after George Gervin.” Gervin was “shocked” and his attorney “immediately” sent a cease and desist to Ralph Lauren.
Gervin’s lawyers wrote, “In the following weeks, a number of phone calls took place between (Gervin’s lawyer) and Ralph Lauren’s in-house legal counsel, Ms. Alice Pang, in which a number of excuses were proffered for this Ralph Lauren’s shameless and intentional use of Mr. Gervin’s name, including the fantastical story that one of Ralph Lauren’s French-based designers ‘coincidentally’ named the shoe the Gervin because it ‘sounded good,’ claiming no knowledge that the unique Gervin name was also the name of a superstar NBA basketball player who played in the 1970’s while wearing a near-identical Nike basketball shoe called The Blazer.”
The lawsuit adds, “Ultimately, Ralph Lauren refused to take responsibility for this intentional exploitation, brought in outside counsel, and have left Mr. Gervin with no choice but to seek the Court’s intervention in this matter.”
Gervin’s attorneys say that the company eventually changed the name of the sneaker being sold to adults, but continued to sell a baby shoe bearing Gervin’s name, according to the lawsuit.
Ralph Lauren Says the Name ‘Gervin Mid’ Wasn’t Chosen to ‘Exploit’ the Spurs’ Legend’s Name or Identity
Ralph Lauren’s lawyers, Andrea Calvaruso and Aaron Gold of the firm Kelley Drye & Warren LLP, responded to the lawsuit with a motion to dismiss in May 2023.
They wrote in the motion, “Contrary to the allegations in the Complaint, the style name ‘Gervin-mid’ was not chosen in an attempt to exploit Plaintiff’s name or identity, or to otherwise imply that Plaintiff endorsed the POLO branded shoes. In fact, other brands have also used the name Gervin as part of a style name for a shoe, such as Adrienne Vittadini and Skechers.”
The court filing adds, “RLC did not utilize any image or likeness of Plaintiff in connection with its promotion or sale of the shoes, and the shoes were not the subject of any media or promotional campaign by RLC. RLC never received any reports that consumers believed that its shoes were associated with, sponsored by, or endorsed by Plaintiff. Nevertheless, upon learning of Plaintiff’s concerns, RLC promptly ceased use of the style name.”
The company’s lawyers added in the motion, “Surnames, like the GERVIN mark alleged here, are generally not ‘inherently distinctive’ under the law. Therefore, in order to establish trademark rights, a plaintiff must demonstrate that the name has acquired ‘secondary meaning,’ such that the consumers primarily associate the name with a single source of goods or services.”
They wrote, “The Complaint fails to adequately plead facts that plausibly allege Plaintiff has made actual and continuous use of GERVIN to identify the source of any goods and services, or that GERVIN has acquired secondary meaning as a trademark.”