In 2015, HBO used the names and logos of NFL teams in its Ballers series, without express permission from the league. Somewhat surprisingly, the NFL never did anything about it.
Seven years later, HBO has debuted a new series regarding the L.A. Lakers, based on Jeff Pearlman’s 2014 book, Showtime. (The show is called Winning Time, presumably because HBO didn’t want a series named for one of its primary competitors.) Once again, HBO has used team names and logos without the permission of the league that owns the trademarks.
Bill Shea of TheAthletic.com takes a close look at the situation. He reports that the debut episode “rubbed the NBA the wrong way,” at least in part due to the trademark infringement.
“Clearances to use NBA trademarks were not sought or granted and the league objects to any unauthorized use of its intellectual property,” NBA spokesman Mike Bass told Shea.
The Lakers issued a much simpler statement. “The Lakers have no comment as we are not supporting nor involved with this project,” the team said, via Shea.
The NBA could pursue legal action, just as the NFL could have when done Ballers blatantly violated league trademarks. But, as we explained at the time, HBO believed it was within its legal rights on Ballers.
Shea suggests that the NBA may have refrained from taking action because HBO’s parent company, WarnerMedia, pays the NBA $1.2 billion per year for TV rights through Turner Sports. But that relationship can cut the other way, too. Nearly 20 years ago, the NFL turned the “customer is always right” concept on its head by strong-arming ESPN to cancel Playmakers, a fictional series that did not use any NFL team names or logos. (And, yes, my new book Playmakers is named Playmakers because of the manner in which the NFL muscled ESPN to pull the plug on Playmakers.)
Of course, the NFL has a relationship with HBO, dating back to 2001. The NFL could have tried to squeeze HBO to dump Ballers. Executive producer Mark Wahlberg once claimed that the league tried to do just that; the league disputed that contention.
If the NBA ultimately does nothing, it’s a calculated risk. Those who fail to enforce trademark rights could eventually lose them. Still, for now, it appears that the NBA doesn’t have the appetite to sue HBO. Just as the NFL didn’t in 2015.