We wrote in the past about the bogus “right of publicity” issue and the unsuccessful attempt by major league sports to claim ownership in statistics and grab a piece of the fantasy sports action for their fat selves. This one, reported by Andrew Braff, may be different:
TEB Capital Management, “the owner of the publicity and endorsement rights to the likeness, image and identity of [Patriots quarterback] Tom Brady,” is suing Yahoo! for “knowing and intentional unauthorized use” of Brady’s “likeness, image and identity” in advertising for Yahoo Fantasy Football. TSG has the complaint. The plaintiff claims false endorsement under the Lanham Act (43(a)), violation of California’s right of publicity statute, common law right of publicity and unjust enrichment.
A picture is worth more than a thousand numbers — Brady should win this. But look at the complaint and tell me if I’m wrong.
UPDATE: PACER reports that the case was settled, on terms not disclosed, in April 2007.