Steve McKelvey
Adam Epstein

The case of Robert Donchez lends new meaning to the phrase “he’s such a character.?Donchez v. Coors Brewing Company, 392 F.3d 1211 (10th Cir. 2004). In 1999, Donchez, a Colorado resident and popular vendor at Colorado sporting events, sued Coors Brewing Company and its advertising agency, Foote, Cone & Belding (FCB), claiming that the defendants had stolen his persona. Donchez, also known as “Bob the Beerman,?maintained that the defendants had utilized, without authorization and without compensation, his arguably unique beer-vending “Beerman?character in a national advertising campaign...Read more

John Grady

Sports fans' desire to purchase memorabilia bearing the name and logos of their favorite teams as well as likenesses of players and coaches remains an integral segment of the market for sporting goods. Indeed, retail sales of sports licensed products in the US and Canada reached $12.6 billion in 2004, down 1% from the previous year (SGMA, 2005). Sport properties, apparel companies, and memorabilia retailers have developed licensing relationships in order to capitalize on sport consumers' interest in team-related memorabilia. Licensing agreements vigorously protect the trademarks of the...Read more