Miami Heat superstar Chris Bosh is suing the mother of his child who is starring in the third season of the VH1 reality show, “Basketball Wives,” for infringing on his trademark and publicity rights, according to the Hollywood Reporter.
The lawsuit filed yesterday in California District Court points out that the VH1 program doesn’t actually show wives of basketball players, but rather women who are dating, or have dated, or have been married to NBA players.
Bosh is claiming that co-defendants Allison Mathis and Shed Media are commercially exploiting his likeness and trademark, and the complaint offers a rationale on why Mathis’ appearance doesn’t constitute protected First Amendment expression against Bosh’s purported intellectual property rights:
“The use of Plaintiff’s name by Defendants is primarily commercial and not communicative,” says the lawsuit. “Further, the show, ‘Basketball Wives,’ is not transformative, but rather the use, depiction, or imitation of celebrity NBA basketball players, including Plaintiff, is the very sum and substance of the show.”
Bosh claims his consent was required for use of his mark — his name — and that the reality show is likely to confuse the public into thinking he authorized or sponsored “Basketball Wives.” Bosh also claims that the show has wrongfully converted his “life rights” and divulged facts about him that have been harmful and “destroyed” the commercial value of his “life rights.” He’s also suing the defendants for intruding upon his private home life.