The owner and operator of a pornographic sex expo released a statement responding to an NFL inquiry into an advertisement of unauthorized use of players' names and photos of the players in official NFL uniforms.
Victory Tradeshow management said it had already taken action to remove the players and images from the ad before receiving a cease-and-desist letter from NFL lawyers.
The letter referenced advertisements from a Miami Beach night club and promoter using photos of players in uniform, including Chicago Bears safety Major Wright(notes), Kansas City Chiefs safety Eric Berry(notes),Chiefs cornerback Brandon Flowers(notes), Houston Texans cornerback Kareem Jackson(notes), Oakland Raiders wide receiver Jacoby Ford(notes) and the names of San Diego Chargers rookie defensive tackle Corey Liuget(notes), Miami Dolphins running back Daniel Thomas(notes) and Baltimore Ravens running back Anthony Allen(notes), to publicize an event in May that was a “party” while the EXXXOTICA Miami Beach expo was in town.
The party also featured a handful of adult film stars.
"EXXXOTICA and/or Victory Tradeshow Management was not the producers or promoters of the party in question," the porn expo said in a statement. "The event was listed as an “Official After Party” of EXXXOTICA Miami Beach due in part to a licensing agreement to use the Expo’s trademark, but there was no knowledge of the alleged involvement of the players or use of any images in question. Once discovered, all offending ads were promptly removed.
The official letter dated June 19, 2011 and addressed to Sarah Crutcher, legal counsel for the NFL, appeared as follows:
Dear Ms. Crutcher:
Please be advised that I am counsel for Victory Tradeshow Management (“VTM”). VTM is the owner and operator of the adult entertainment convention known as EXXXOTICA Expo Miami Beach. We are in receipt of your letter dated June 15, 2011. Please allow this letter to act as my client’s response to such.
Pursuant to your request all offending materials have been removed from all VTM websites. Such materials were immediately removed when this matter first received attention from the media on June 14, 2011, prior to even receiving your letter.
However, it is important that my client make its position clear on this matter. My client was in no way involved in the design of the offending marketing materials or in the actual event at Club Play in Miami, Florida. My client merely licensed its mark “EXXXOTICA” to the club and its promoters for the event in question. While it was indeed billed as an “Official EXXXOTICA After Party” my client had no part in choosing or providing any of the various photos for the marketing materials including those of the various players in their NFL uniforms. Who provided those photographs remain a mystery to my client. My client merely provided a digital image of their mark, “EXXXOTICA,” to the promoters and nothing else.
Further, my client did not receive any direct monetary compensation for use of their mark from any of the promoters of the event, Club Play or any of the companies or individuals that profited from the event. Needless to say, my client was as shocked and appalled as the NFL was when they learned that the requisite clearances were not obtained from NFL Properties LLC or any of your member clubs for use of any of the NFL trademarks. I can assure you that no further use of the subject NFL trademarks will appear on my client’s websites. However, unfortunately, my client has experienced situations wherein our own mark is misappropriated for use by night clubs and their promoters in conjunction with my client’s EXXXOTICA Expo conventions in various cities.
Obviously, we are as vigilant as possible in sending our own Cease & Desist letters to those offending promoters and night clubs when we learn of a misappropriation. In the event that we have receive evidence of any further possible infringements of the NFL Properties LLC trademarks I will forward those to your attention immediately.
Thank you for your attention to this matter.
Nothing in this letter shall be construed as a waiver or relinquishment of any defenses or remedies of my client or any of their entities.
Very truly yours,
Fattorosi & Associates, P.C.
Michael W. Fattorosi
EXXXOTICA Chicago, presented by Hotmovies.com, runs from July 8-10, at the Donald E. Stephens Convention Center.
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