Mississippi State quarterback Dak Prescott has filed a lawsuit against a merchandise vendor for using his likeness on T-shirts without his consent.
Mississippi State star quarterback Dak Prescott is involved in a lawsuit with a merchandise vendor who sold t-shirts using Prescott’s likeness without his consent. The case has been filed in Oktibbeha County Circuit Court against clothing designer Christian Matthew for printing and selling “Dak Attack” and “Dak Dynasty” t-shirts.
MSU spokesman Sid Salter confirmed the lawsuit, which was first reported by WCBI, to the Clarion Ledger and said the school is not involved.
“The university believes it’s appropriate for Dak to defend himself and protect his rights as an individual,” Salter said.
Salter told the Ledger that Prescott’s lawyer, who was hired via the NCAA Opportunity Fund, “filed numerous cease and desist notices with the clothing outfitter,” but they were all ignored.
Because of his knowledge of the shirts with his likeness, Prescott could have faced eligibility issues if he did not pursue a lawsuit.
From the Ledger:
The T-shirt violates NCAA Bylaw 12.5.2.2 Use of Student-Athlete’s Name or Picture without Knowledge or Permission.The bylaw states:”If a student-athlete’s name or picture appears on commercial items (e.g., T-shirts, sweatshirts, serving trays, playing cards, posters) or is used to promote a commercial product sold by an individual or agency without the student-athlete’s knowledge or permission, the student-athlete (or the institution acting on behalf of the student-athlete) is required to take steps to stop such an activity in order to retain his or her eligibility for intercollegiate athletics. Such steps are not required in cases in which a student-athlete’s photograph is sold by an individual or agency (e.g., private photographer, news agency) for private use.”
This is an interesting story, especially since we are on the heels of the Ed O’Bannon trial in which the NCAA was sued by former players for using their likeness and profiting without their consent. I think going forward players should be able to control their marketing rights and should be able to profit from things like this, instead of allowing others to pocket some cash of their name. It makes a ton of sense, and is legal anywhere else, except for college athletics. Time to step up and do the right thing.