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Josh Koscheck Cites Exclusive Apparel Contract, Not Stick Up His Ass, as the Reason for His Lawsuit Against NGAUGE

Smug ©    (Pic: Zimbio.com)

Perhaps we were all a little quick to bag on Josh Koscheck for taking a legal dump on “Trash Talkin’ Kids“, Stephan Bonnar‘s new irreverent line of MMA shirts. True, he does have a track record of being kind of a dick, but this wouldn’t be the first time that we’ve jumped to conclusions about the UFC Welterweight only to back track a little. Lesson learned. From now on, we’ll reserve judgment until all of the facts are in and give Kos the benefit of the doubt. Nah, not really, but here’s the latest on this story.

Koscheck sat down with the folks at BleacherReport.com to give his side of the tale. According to Kos, his problem with the shirt in question has nothing to do with being the butt of a joke, but rather stems from a preexisting exclusive contract.

This situation is very black and white,” (Koscheck who is 14-4 in the UFC said). There’s a side of right and a side of wrong and I’m on the side of right. Stephan Bonnar and his company are on the side of wrong. I have an exclusive deal that is a conflict to use my image, to use my likeness, and to use my name.”

“I spoke to Stephan Bonnar about a year ago and I’ve had my existing contract for about two years now and I spoke to him about a year ago at AKA (American Kickboxing Academy), regarding this situation and he was understanding of the fact that there is an existing agreement with a prior apparel company with myself.”

“He spoke with myself and my manager Bob Cook at AKA when he was filming something for SpikeTV, he was in agreement and in an understanding that they would stop producing and making the shirt. Because I was about to get sued from my preexisting exclusive deal that I’ve had signed for two-years.”

“So, he was putting me in breach of this contract by producing this shirt. Now, with that being said, he was fine with that and was fine with everything after meeting at AKA and he continued to produce the shirt.”

“He basically gave me no other choice, but to go after him legally because of the fact that I’m about to be sued from another company because of Stephan Bonnar and his antics.”

Assuming that all of this information is accurate, and we’ll take it at face value here, the NGAUGE shirt basically forced Kos into a “sue or be sued” scenario, and rather than lose out on a long-term sponsorship deal so Bonnar can sell some t-shirts, he filed suit. Seems fair enough. The whole situation raises some legal questions that I don’t have the answers to: Is NGUAGE protected by parody or satire laws? Can Koscheck be sued by his sponsor for the unauthorized actions of a third party? Though these cases may never actually make it to trial, Koscheck and Bonnar may take the law into their own hands rather than take it to court.

Bonnar stated that he’s willing to cut weight to face Koscheck in the cage. And Koscheck? Yeah, he’s down too:

“Now, Stephan Bonnar is calling me out and it’s absurd, that p***y really needs to think about who he’s calling out because when he becomes a B level fighter, then I’ll take him serious. But right now, he’s not even a B level fighter so I’m not taking him serious.”

“If he does want to fight me and run his mouth and continue to run his mouth personally, then we can settle this. I’ll fight him at 185 for the fans, because I know there’s a lot of people out there right now that this is a big deal and I’ll make that my comeback fight hopefully in October.”

“All day long, that’d be a nice, easy comeback fight. I’d like to have a nice warmup fight and Stephan Bonnar would be that fight.”

Now that’s some quality trash talkin’, kid! Joe Silva, make it rain.

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Reverend_Clint- June 13, 2011 at 12:43 pm
so kos will only take on fighters of his level... B?
mt59801- June 11, 2011 at 3:36 pm
Until I see proof, I will continue to believe the "stick in ass" theory. If Mr. Fragglecheck is serious about pleasing the fans I suggest a non lubricated cavity search to be performed by Shane Carwin. I'm willing to provide a rusty pitchfork, if Mr. Kosfraggle isn't comfortable with Carwin's giant hands.
Badger- June 11, 2011 at 3:34 pm
I'm not a lawyer, but I can confidently say that Koscheck would not be the appropriate plaintiff. If he is a party to the contract he describes (which we now know he is not, based on the preceding posts), he would have no right to enforce. Only the alleged "exclusive" right-holder could pursue the claim.

If Koscheck had reached an agreement with NGUAGE, then Koscheck would be in breach. Of course, the alleged contract could have a provision requiring Koscheck to limit the use of his image by others, but that type of provision isn't likely.

I didn't think I could hate Koscheck anymore than I already did. Such a fucking douche. Why couldn't GSP have loaded just one punch? I liked watching Koscheck suffer helplessly for five rounds, but I wish GSP would have put him to sleep late in the fifth.
danomite- June 11, 2011 at 1:40 pm
guys, it's not a stick, it's a dildo.
CrushCo- June 11, 2011 at 1:03 pm
@edhedicus: Koscheck would be moving up a weight class. They'd split the difference and fight at 185lbs.
edhedicus- June 11, 2011 at 12:55 pm
What is with this pussy-ass 'cut weight to fight me, come to my weight class' bullshit. If Kos, or Tito (beef with Meathead), or Diaz (with Mayhem) were really interested in scrapping and settling this like men, they would invite them to their gym, strap it on, and handle this. Possible even a catch weight fight if they insist on getting paid to act like gentlemen and squash their beef! Kos is willing to do this with some untrained schmoe, but is too much of a cunt to do that with an equally trained fighter? I hate Kos' cheating, pussy-ass more than cancer!!!!
Komodo- June 11, 2011 at 12:18 pm
=WAR BONNAR=
WK- June 11, 2011 at 12:12 pm
Kos is suing because it's the easy way out.
Bonnar probably has rights to put anyone on his shirts.
Kos might get sued, have to go through a shitton of paperwork, trials, waste time, money, etc
Or he can just get it over with by suing Bonnar.
Bards- June 11, 2011 at 12:01 pm
Even if everything Kos is saying is true (which it isn't), wouldn't the company he has this "exclusive likeness" deal with go after Ngauge and not Kos himself?
warchief65- June 11, 2011 at 11:57 am
Kos , Kos ,kOS , WHAT ARE WE GOING TO DO WITH YOU . If he signed with a company , fine , but , if somebody uses your likeness with a picture , that's not your problem . And , it's with UFC , so , go ahead and sue them . I bet you won't be fighting there that long any more . And I don't know which one is the most " B-level " fighter these days . Get in the octagon and let us see which one is !
intercept440- June 11, 2011 at 11:52 am
this would be a sweet fight, both TUF 1 almun call me crazy but this would be a sweet one to see
InsideScoop- June 11, 2011 at 11:27 am
Bonnar's Twitter says it all!
"Kos is full of shit. @TrashTalkinKids is a line of UFC merchandise. We can make shirts 4 any fighter who signs the merch agreement w the ufc. any merchandise the ufc sells with a fighters image/likeness including @TrashTalkinKids shirts, gives 10% of profits to that fighter. so yes, Kos does get paid on each shirt we've sold (which isn't that many)"
Funniest part is NGAUGE has a partnership with the UFC and it was the UFC that actually PRODUCED the shirts from what I understand! Dude is an absolute joke
ccman- June 11, 2011 at 11:09 am
KOS is full of shit, no one in the UFC has an exclusive likeness contract with anyone other than the UFC. This was the reason they fired his whole team for a few days. Nevermind that, Parody items are excluded from likeness rights contracts or every parody show on the planet would never leave court. somehow, the what, 20 years of the simpsons has avoided every major record label and movie studio because they are funny? Nooooooooo. KOS remains a prick and he is backtracking since his weak ass reads every word written about his egotistical ass.
At 185 i would take Bonnar.
Seoul Brother- June 11, 2011 at 11:00 am
What a fucking blue-waffled cunt.
NomadRip- June 11, 2011 at 10:48 am
"When he becomes a B-level fighter like me" is basically what he just said. LOL But this does seem like a ridiculous reason. It is not his likeness or using his name. It's a 3rd party parody image that anyone can use. I can't think of anyone who would want to wear that thing, but still, that's a dumb excuse. I still vote for stick up the ass, and blame him for my FreeCagePotato shirt still not being here.
Canadian Bacon- June 11, 2011 at 10:39 am
1. Nice burn on the (which isn't that many)
2. Kos is the idiot for signing some stupid exclusive likeness contract with mystery company when he ALREADY has this merch agreement with the UFC. SORRY KOS!
Canadian Bacon- June 11, 2011 at 10:37 am
From Bonnars Twitter:
Kos is full of shit. @TrashTalkinKids is a line of UFC merchandise. We can make shirts 4 any fighter who signs the merch agreement w the ufc

any merchandise the ufc sells with a fighters image/likeness including @TrashTalkinKids shirts, gives 10% of profits to that fighter

so yes, Kos does get paid on each shirt we've sold (which isn't that many)
CrushCo- June 11, 2011 at 10:37 am
rogerw: According to Bonnar, every fighter depicted gets 10% of "their" shirt sales.
rogerw- June 11, 2011 at 10:32 am
Even if he didn't have an exclusive contract, why should Bonnar make money off his image (dumb as it looks) without giving him a cut?
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