On May 23, Sixer G Jerry Stackhouse sued Gary Barbera
Enterprises Ltd., seeking more than $50,000 in damages for
alleged unauthorized use of Stackhouse's name and likeness in
advertisements. On Tuesday, Barbera Dodgeland submitted its
response, and Barbera attorney Lawrence Sarowitz said Stackhouse
was compensated for use of his name in the ads, "waived" any
claims he might have had against Barbera, and suffered no losses
other than those caused by "his own unpopularity and inability to
promote and/or market himself," according to the PHILA. DAILY
NEWS. Another Barbera attorney, Craig Sopin, said he is
"preparing" to sue Stackhouse on Barbera's behalf "within the
next couple of months" in state court for allegedly breaching an
agreement with Barbera. Stackhouse reportedly took a car from
Barbera on August 2, '96 and returned it 12,000 miles and six
months later. Ads, with photos, ran in a Flyers publication that
read, "Rod Brind'Amour, No. 17, Dominic Roussel, No. 33, and
Jerry Stackhouse of the Philadelphia 76ers all drive Dodges from
Barbera Dodgeland." Last fall, Barbera paid Stackhouse $10,000
to "settle a complaint" Stackhouse raised after first spotting
the Barbera ad. Sopin said Stackhouse's name was used with his
"authorization," but added the $10,000 was "an economic decision
...to avoid protracted litigation." After the settlement, the ad
ran again, but Sopin said the ad was placed before the
settlement, and could not have been pulled. Stackhouse lawyer
George Krueger declined comment. The case has been sent to U.S.
District Judge Jay Waldman. No date has been set (Jim Smith,
PHILA. DAILY NEWS, 7/12).
