NBA reportedly isn't happy with Winning Time's unauthorized use of its trademarks

The Athletic

The NBA signaled its displeasure in a statement Tuesday to The Athletic. “Clearances to use NBA trademarks were not sought or granted and the league objects to any unauthorized use of its intellectual property,” said Mike Bass, the league’s chief communications officer and an executive vice president, in an emailed statement. The NBA declined to comment further. The Lakers said in its own statement: “The Lakers have no comment as we are not supporting nor involved with this project.” It's unclear if the NBA has a case against HBO. One intellectual property law professor says the NBA should sue because HBO is using the Lakers logo for commercial use. Another expert, however, says HBO has a fair-use defense. Plus, the NBA would likely not want to talk about the 1980s Lakers in court. Meanwhile, HBO's Ballers used NFL logos without permission. “If it’s a true story, you have a fair-use defense. If the NBA sues HBO, HBO’s defense is they’re telling a real story,” said Josh Gerben, founder of the Washington-based Gerben Law Firm, which specializes in intellectual property law. “Under oath, they would have to answer questions they don’t want to respond to. The NBA would put itself and players in a precarious position. It becomes extremely messy if you file a lawsuit.”