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QB Tom Brady Sues Yahoo! for Using His Image in Ad

The Trademark Blog reports today that New England Patriots quarterback Tom Brady has sued Yahoo! for its allegedly unauthorized use of his likeness, image and identity in its advertisements and promotions for Yahoo’s Fantasy Football program. The complaint, filed November 20 in U.S. District Court for the Central District of California by Mr. Brady’s company, TEB Capital Management, LLC, alleges that the following advertisement excerpt ran in Sports Illustrated without Mr. Brady’s permission:

Yahoo Sports.gif

Mr. Brady allegedly is featured in the top center of the ad.

This, plaintiff contends, constitutes a false endorsement under 15 U.S.C. Sec. 1125; violates California’s right of publicity statute, Cal Civ. Code Sec. 3344.1; violates Mr. Brady’s common law right of publicity; and constitutes unjust enrichment. Plaintiff also contends that Yahoo! ran banner ads on its Sports web pages featuring Mr. Brady’s likeness, image and identity without his permission. Plaintiff seeks damages, as well as a preliminary and permanent injunction. 

Mr. Brady apparently is not a rookie when it comes to his publicity rights. In 2005, he reportedly sued General Motors for using his image in two Cadillac print ads after its license to do so had expired. 

Thanks to The Smoking Gun for posting a copy of the complaint.

Posted on December 7, 2006 by Registered CommenterMichael Atkins in , | Comments2 Comments

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Reader Comments (2)

Brady should get a life! People post your image in a fantasy football ad because they like you. It's similar to a fansite which pays homage to a celebrity but makes some money from banners ads on the side. You still win because you're getting good publicity. I read an interview with the creators of "South Park" on reasonmag.com, and they said they love it when people download their clips on YouTube. We need the equivalent of a Constitutional convention on IP law. Paging Lawrence Lessig!
December 7, 2006 | Unregistered CommenterCarl Hollywood
I suppose the existence of folk who pay fat sums to use his image compels him to be a spoil sport. Would it be any easier if the image had been some sort of caricature. The Gowers Review in the UK has suggested we should have an exception to copyright to permit caricature, parody or pastiche. It might transform advertising considerably. Of course your face is not considered a copyright work over here.
December 10, 2006 | Unregistered CommenterBarbara Cookson

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