“TMZ’s use of the phrase ‘Getcha Popcorn Ready’ is not incidental or descriptive,” the complaint states. “It is a calculated move to exploit Owens’ trademark and capitalize on the brand value he has built.”
The lawsuit further argues that TMZ never sought permission to use the phrase in any commercial capacity, despite its significant brand recognition. Owens contends that this misappropriation misleads the public, potentially creating confusion regarding his association or endorsement of TMZ’s football content.
Legal Claims and Damages
Owens’ lawsuit levels multiple claims against TMZ, including:
- Trademark infringement under common law
- Trademark dilution under Illinois law
- Violation of his right of publicity
- Unjust enrichment
The former NFL star seeks a court order barring TMZ from further using his trademarked phrase and monetary damages, including punitive compensation and attorney fees.
Owens’ Attorney Speaks Out
Amir R. Tahmassebi of Konicek & Dillon PC, representing Owens, emphasized the significance of protecting his client’s brand:
