LeBron James has done a lot of winning in his career. But any trademark or copyright infringement litigation he may be contemplating against the University of Alabama isn't likely to be part of it.

That's the reaction of experienced IP attorneys to a threatening letter James' multimedia platform sent to the university over its “Shop Talk” video of players talking football with coach Nick Saban in a barbershop setting.

James has published two similar black-and-white videos talking basketball and life with National Basketball Association stars in a barbershop. Called “The Shop,” James' videos are published on his “Uninterrupted” multimedia platform.

“'Shop Talk' is clearly using the ideas, concepts and format previously created and exploited by Uninterrupted in connection with its program titled 'The Shop,'” states the letter from Joshua Tarnow, a lawyer for James' Uninterrupted multimedia platform, as quoted by ESPN. Tarnow requests a conversation with the university before “rushing into legal proceedings.”

Coblentz Patch Duffy & Bass' Lawrence Siskind and Owen, Wickersham & Erickson's Lawrence Townsend suggested that going to court would probably end in a haircut.

“I would say he has no claim under copyright law and a very, very weak claim under trademark law,” said Siskind.

“Don't mess with LeBron,” said Townsend, but “he might be in a little over his head here.”

In the first place, ideas and concepts aren't protectable under copyright law, and format rarely is. “The people who wrote the letter are giving away the claim by using that phraseology,” Siskind said.

And the concept of men discussing sports in a barbershop is far from original. “There's a bar. There's a barbershop. That's where guys hang out and talk sports,” said Townsend.

The trademark claim perhaps can't be rejected out of hand, given that both programs use “shop” in their titles. But proving infringement would be a serious uphill battle.

Siskind said a search of the U.S. Patent and Trademark Office's database revealed more than 12,000 registrations and applications that use the word “shop.” James would have to prove that “shop” has acquired secondary meaning such that the public associates it with James' videos.

Plus, said Townsend, the videos involve speech that would be protected by the First Amendment. Under the law of many circuits, James would have to prove that Alabama's videos were explicitly misleading.

News coverage indicates that James did not formally send a cease-and-desist letter, but rather requested a copy of the full Alabama video and “a conversation about how to address Uninterrupted's concerns amicably.”

Siskind said that's not surprising. “When you have a strong claim, you send a cease-and-desist letter. When you have a weak claim, you request a conversation,” he quipped.

Both lawyers said the best James might hope for is that Alabama change the title of its video. Siskind noted that the university also uses the mark “Bama Cuts” in its video.

If James can persuade Alabama not to use the “Shop Talk” title, said Townsend, “that might be enough to consider it a win for LeBron's side.”