6 former NFL players sue over their likenesses

As detailed by Nooman Merchant of the Associated Press, a group of retired NFL players are suing the NFL under the Lanham Act over the NFL’s use (and particularly NFL Film’s use) of their identities. Merchant interviewed me for the story. Here is an excerpt and my comments:

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NFL Hall of Famer Elvin Bethea [#65 above, a defensive lineman who played for the Houston Oilers and recorded a lot of sacks while doing so] and five other players sued the league for using their names and images for profit without their permission.

The players filed a class-action lawsuit Thursday in federal court in Minneapolis. The lawsuit accuses the NFL of exploiting retired players’ identities in films, highlight reels and memorabilia to market the league’s “glory days” without compensating the players.

“It’s really turned into a big property,” said Bob Stein, a lawyer for the players.

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In this case, the NFL would likely refer to its collective bargaining agreement with the NFLPA. The player contract in that agreement gives publicity rights to the league.

“Whether there’s sufficient language in there affecting retired players remains to be seen,” says Michael McCann, a sports law expert and professor at the Vermont School of Law.

In June, a group of more than 2,000 retirees won a $26.25 million settlement with the NFLPA over the use of their likenesses in video games, trading cards and other sports products. The retirees sued in 2007, accusing the union of failing to actively pursue marketing deals for such products.

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To read the complaint for Dryer v. NFL, click here.