Brady Sues Yahoo

[dhamz]

If they keep it to prohibiting a picture, fine. But MLB has been trying to claim that the name is intellectual property. I'm not sure they'd need a new law, more an interpretatin of an existing law.

Regardless the greedy owners and players need to be careful and realize how much of their viewing audience is solely due to Fantasy Sports.

Baseball lost that fight months ago.

http://www.cbsnews.com/stories/2006/08/08/business/main1877750.shtml

 

[BelichickFan]

Baseball lost that fight months ago.

http://www.cbsnews.com/stories/2006/08/08/business/main1877750.shtml

Thanks for pointing that out. I believe you guys about the picture thing, I just don't really care either way about it

 

[Kdo5]

Brady is a typical greedy bastard who will go to extreme measures to get some extra bucks.

 

[GoWhalers]

By the way, it's not Brady who's suing Yahoo, it's an asset management company that owns the media rights to Brady's image. Obviously Brady gets a (large) percentage of whatever deals this company makes regarding his image, but this lawsuit with Yahoo is actually between Yahoo and the asset management company, who is just protecting the exclusivity of their product.

You can read the actual filing on thesmokinggun.com.

 

[Patsfanin Philly]

You can read the actual filing on thesmokinggun.com.

I have to believe that they probably sent a 'cease and desist' letter and were probably ignored. The remedies for a violation of the Lanham Act range from an injunction to triple damages but they probably want Yahoo to cease or pay for using his likeness. I'm willing to bet that this gets settled pretty quickly and will never see a trial.
Just my $0.02 and not to be construed as legal opinion or advice,

 

[Keegs]

I disagree with what Tom is doing if this is true.
Why sue them and waste your time?
it's not like they are using his picture to endorse Depends or a Dog Poop Shovel.... it is for fantasy football.....

He is rich enough, if i was him i wouldn't worry about it.

Unless if he wins he is giving it all to charity.
Then it is ok but other than that it's just a waste of time.

 

[Pujo]

I disagree with what Tom is doing if this is true.

There you go giving an opinion not based on anything but your gut.

First, if you can read carefully, scroll up a bit and check out the part about it not being Tom Brady, but rather the agency that owns his image rights, that's filing suit.

Second, with likeness rights, you have to enforce them or your claim to them can be lost (similar to trademarks, but not copyrights). If he lets it slip, then Depends could use that in court and get away with using his likeness next. It's similar to the concept of genericide.

 

[sdaniels7114]

Its no different than if some company asks you to go to work for a day and not pay you. I think Tommy's time is probably too valuable to him to spend on the suit, but that's what image management companies are for.

 

[Drewwho]

I disagree with what Tom is doing if this is true.
Why sue them and waste your time?
it's not like they are using his picture to endorse Depends or a Dog Poop Shovel.... it is for fantasy football.....

He is rich enough, if i was him i wouldn't worry about it.

Unless if he wins he is giving it all to charity.
Then it is ok but other than that it's just a waste of time.

I am sure this is Tom's 'people' sueing...and not Tom himself! This is why is agent and other get a cut of his salary...to protect his name and image.

Being in Marketing myself, I know fully the implications of using any known trademark marking, name or image. It is just not done without the likes of contracts and attorneys. It seems Yahoo just skipped that entire 'approval' process and took his image to market their product. That is in fact very much against the law!