PROOF AND HEARSAY

Bucks playing D in other courts

Bruce Vielmetti
Milwaukee Journal Sentinel

The Milwaukee Bucks return to home court Thursday when they'll try to stay alive in the first round of the playoffs, trailing the Toronto Raptors 3-2.

It seems like as good a time as any to check in on how the Bucks are faring in some other courts, but where they're pretty much only playing defense.

A year and a half ago, a former team dancer, Lauren Herington, sued the Bucks claiming it underpaid her and other dancers, effectively paying them less than minimum wage while engaging in "prolific wage abuse."

That case remains pending in federal court. In December, both sides asked for some extended deadlines for motions regarding the conditional class of dancers, and for briefs on that motion, citing "resumed settlement discussions" they hoped would resolve the case.  Herington's suit sought class-action status, to represent all Bucks dancers and cheerleaders from several seasons, about 40 people.

The Milwaukee Bucks Dancers perform during the fourth quarter against the Toronto Raptors in game four of the first round of the 2017 NBA Playoffs at BMO Harris Bradley Center.

Now even those extended deadlines have long passed, and there have been no more pleadings filed, suggesting an agreement could be imminent.

In another off-court legal matter, the team and the NBA are trying to register its deer head logo with the U.S. Patent and Trademark Office but have been opposed by the makers of Jägermeister, the German liqueur.

Both the team and the company that owns Jägermeister said back in December that the formal filing with the Trademark Trial and Appeal Board in opposition was just to protect rights, and that both sides were collaborating on an agreement.

Logos for Jagermeister liqueur, left, and the Milwaukee Bucks.

There were indeed two stipulations to suspend the TTAB proceeding until mid-March, but apparently, no settlement has been reached.

This month, the Bucks finally filed an answer to the Jägermeister opposition. It basically claims that the new logo is substantially the same as the team's old deer logos, which are in force and unchallenged, so Jägermeister "will not suffer added damage from the continued existence of the Challenged Application."

The opposition, according to the Bucks, "is barred by the prior registration defense."  (Not to be confused with the zone or help defense).

But Jägermeister's attorney, Katrin Lewertoff, of Ferdinand IP, a Connecticut law firm, said Tuesday, "The parties continue to discuss an amicable solution and hope to finalize an agreement soon."