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A Trademark Sin of the Father?

ALBUQUERQUE (CN) - Five-time world championship boxer Johnny Tapia's father cannot use his late son's name in ads because he was not the boxer's real father, the boxer's widow claims in court.

Teresa Tapia sued Jerry Padilla Sr. on Tuesday in Bernalillo County Court.

She wants him barred from using her late husband's name in social media endorsements of boxing matches and other events.

Tapia says she holds the trademark to her late husband's name and image through her co-plaintiff company Johnny Tapia Presents LLC.

She claims that a March 2014 DNA test established that Padilla was not Johnny Tapia's biological father.

A copy of the DNA test results, attached to the lawsuit, allegedly shows that Johnny Tapia did not have the same biological father as Jeffery Padilla, one of Jerry Padilla's sons.

Tapia seeks a permanent injunction and damages for misappropriation of right of publicity.

She is represented by Angelo Artuso of Albuquerque.

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