click to enlarge Sanford Nowlin
Attorneys representing Fred's Fish Fry named San Antonio artist Adrian Galvin's employer and place of work as defendants in a copyright infringement suit.
The San Antonio artist being
sued by restaurant chain Fred's Fish Fry for alleged trademark infringement said he's now out of a job.
Adrian Galvan, whose parody San Antonio Spurs-Fred's Fish Fry mashup jersey
went viral this fall, told the
Current he's been fired from his job at
food truck park Rancho 181 after attorneys representing San Antonio-based Fred's named his employer, Victor Galvan, in the suit.
Adrian Galvan said Victor Galvan — who's not related to him — and Rancho 181 had nothing to do with the design, marketing and sales of the jerseys. He added that he was let go from his job at the food truck park because the legal dispute was "bad for business."
"I'm out of the job because [of the lawsuit], and now I'm going to have to get a lawyer and countersue [Fred's] because I lost the job for something that they have nothing to do with," Adrian Galvan told the
Current.
In an emailed response to the development, Rancho 181 offered no comment on Adrian Galvan's employment status but expressed surprise and frustration with being named in the suit.
"Freds fish [sic], its lawyers and private investigator should have done a better job investigating before naming a innocent person and company in this lawsuit," the statement read.
Brandon T. Cook and Ted. D. Lee, the Gun, Lee, & Cave attorneys representing Fred's in its lawsuit, were unavailable for comment on why Victor Galvan and Rancho 181 were named as defendants in the filing. A spokesman for the Fred's chain also was unavailable.
Fred's named 21 defendants in its
lawsuit filed on Dec. 6 in U.S. District Court in San Antonio. The defendants also include Michael Baez of Bexar County Social Apparel and clothing company Wade and Williamson, two businesses that produced merchandise using the design.
An official from Wade and Williamson told the
Current on Nov. 9 that the business had entered into a licensing agreement to produce merchandise using the design. However, Adrian Galvan told the
Current he only entered into a verbal agreement with the online clothing company — and at a later date.
Even so, the jersey that has since been deleted from Wade and Williamson's website.
"After the viral design recently made its rounds throughout San Antonio, we're so excited to be able to turn it into an actual jersey and also be able to give back to Adrian, the original designer, so he can continue to make incredible jersey designs for the city," the company wrote on its site.
click to enlarge Screengrab / Wade and Williamson
The original posting for the "Fish Fry" jersey that has since been deleted from Wade and Williamson's website.
Galvan said he has a licensing agreement with Wade and Williamson for the other two other items currently being sold under his name: a Fiesta jersey and Marbach Road-themed jersey. However, he maintains he's yet to make any money from his partnership with the company.
"All I posted was a meme to get people's reaction and likes on Facebook or whatever," Galvan said. "It's basically the same thing as me taking a picture with a Nike T-shirt on and posting it. I never made a cent."
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