Facts

Bruce Singman is a California licensed attorney, who asserted that he held rights to use the names and likenesses of certain National Football League and National Basketball Association players. Singman was in the process of negotiating a licensing agreement with Florida-based drinkware manufacturer Tervis Tumbler Co. Inc.

Tervis had a pre-existing licensing relationship with NBA Properties, Inc., and discussed the agreement with the company. Tervis subsequently declined to enter an agreement with Singman. Singman filed suit against Tervis and NBA Properties.

NBA Properties removed the case to federal court.

PLAINTIFF'S CONTENTIONS:
Singman contended that he negotiated a license agreement between himself, doing business as All Pro Sports Video Productions, and Tervis. Singman contended he acquired the rights to use the names and likenesses and biographies of eleven NFL players and coach, and five NBA players and coach and six automobile racing figures when his company produced audio video programs for home entertainment and television, in which the athletes shared their life stories and demonstrated their skills, for the manufacture and sale of merchandise ancillary to the sale of the programs. Singman offered to license to Tervis the right to use the autographs and his artist's original illustrations, and career statistics of the athletes in the manufacture and sale of its Tumblers. Plaintiff claimed that Tervis accepted his offer and was about to execute the license agreement, which Singman had prepared at the request of Tervis and in conformity with all of the terms and conditions upon which the parties agreed. Plaintiff contended that he had assured Tervis that he did not use any of the NFL or NBA league or team marks (i.e., the NFL shield or NBA logo or team names or logos) in his designs, Tervis needlessly sought out the approval of the NBA for the use of Singman's materials. Plaintiff claimed that the NBA wrongly and unlawfully interfered with the execution of the license agreement by telling Tervis falsely and fraudulently that there was something wrong with Singman's materials and that Tervis could not use them. Plaintiff claimed that because of the conduct of the NBA, Tervis backed out of executing the license agreement causing Singman damages of the hundreds of millions of dollars he would have been paid in licensing fees earned from the sale of the Tervis Tumblers imprinted with his designs during the life of the agreement.

Singman asserted causes of action for intentional interference with prospective economic advantage, negligent interference with prospective economic advantage, violation of California Business & Professions Code Section 17200 et seq., restraint of trade, intentional infliction of emotional distress, negligent infliction of emotional distress and conspiracy.

DEFENDANT'S CONTENTIONS:
Tervis and NBA Properties moved to dismiss the case, contending that Singman had failed to state sufficient facts to support a cognizable legal theory.

Result

The court granted defendants' second round motions to dismiss without leave to amend.