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Marshall v. ESPN: 10 Former Student-Athletes Sue Television Broadcasters, Conferences, and Others fo

Javon Marshall, Eric Samuels and Steven Clarke from Vanderbilt University, Sean Parker of the University of Washington, Patrick Miller of Tennessee State University, Rod Wilks, Byron Moore, Chaz Moore and Marlon Walls of the University of Tennessee and Chris Conner of the University of Maryland (collectively “Plaintiffs”) filed suit against, among others, ESPN, CBS, NBC, ABC, Fox, Atlantic Coast Conference, Big Ten Conference, Big 12 Conference, Pacific 12 Conference, Southeastern Conference, Ohio Valley Conference, Big East Conference, IMG College, Learfield Sports, and William Morris Endeavors (collectively “Defendants”). The Plaintiffs have filed suit against television broadcasters, athletic conferences, and licensing entities who “conspired with each other and the NCAA to promulgate, enforce, adopt, implement and/or exploit rules that are inherently anticompetitive in forbidding Student Athletes from competing in the marketplace for the value of their rights of publicity.” The Plaintiffs argue the release student-athletes are required to sign is “void as a matter of public policy, unconscionable, and vague.” Accordingly, Plaintiffs filed suit under theories of right of publicity, civil conspiracy, unjust enrichment, violations of the Sherman Act, and violations of the Lanham Act.

In accordance with the above-referenced alleged actions, the Plaintiffs seek to file a class action lawsuit and represent that the following should be members of the class:

All current and former Student Athletes residing in the United States who are or have been members of an FBS (which, before 2006, was known as Division I-A) men’s football team or an NCAA Division I college or university men’s basketball team and whose images have been used, licensed or sold by Defendants, their co-conspirators, or their licensees.

The class excludes the officers, directors, and employees of any FBS or NCAA Division I college or university, and the officers, directors, or employees of any FBS or NCAA Division I athletic conference.

The Plaintiffs seek undisclosed monetary damages and injunctive relief.

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