Marshall v. Nat’l Football League

A class action complaint alleged that for many years the commercial filmmaking wing of the NFL used the names, images, likenesses, and identities of former NFL players in videos to generate revenue and promote the NFL. It asserted claims for false endorsement (Lanham Act, 15 U.S.C. 1125), common law and statutory rights of publicity claims under several states' laws, and unjust enrichment. The court approved a settlement calling for: creation of the Common Good Entity, a non-profit organization; payment of up to $42 million to the Common Good Entity over eight years; establishment of the Licensing Agency; payment of $100,000 worth of media value to the Licensing Agency each year until 2021; (5) Payment of attorneys' fees and settlement administration expenses; a reserve for the NFL's potential fees and costs involving class members who opt out; and class members' perpetual release of claims and publicity rights for the NFL and related entities to use. The Common Good Entity is "dedicated to supporting and promoting the health and welfare of Retired Players and other similarly situated individuals." Six players (the class had about 25,000 members) objected. The Eighth Circuit affirmed, finding the settlement fair, reasonable, and adequate despite not providing for a direct financial payment to each class member. View "Marshall v. Nat'l Football League" on Justia Law