Patriots quarterback Tom Brady sues GM over using his likeness

[Analog]

New England Patriots quarterback Tom Brady is suing General Motors Corp. for allegedly using his likeness in an ad after his contract with the automobile giant had expired.

Brady filed the $2 million lawsuit Monday in Los Angeles Superior Court. He also is seeking punitive damages.

Messages left for officials at GM and Cadillac, as well as with Brady's agent and his attorneys, were not returned Tuesday night.

According to the suit, Brady signed a contract with GM in July 2003, agreeing to autograph merchandise, make personal appearances on behalf of the company and do ads for a number of Cadillac dealerships in the Boston area.

That contract expired Jan. 1, 2004. Brady alleges that on Jan. 30, 2004, GM asked to use a print ad featuring his name and photograph in connection with that year's Super Bowl.

Brady denied the request twice, according to the suit, but GM twice placed the ad in The Boston Globe anyway. Brady says the ads also were distributed in Texas and elsewhere in Massachusetts after the contract expired.

The Patriots face the Philadelphia Eagles in this year's Super Bowl on Feb. 6 in Jacksonville, Fla.

http://sfgate.com/cgi-bin/arti.../sports0020EST0031.DTL

 

[ThePresence]

I don't blame him. Product endorsements are a major source of income for athletes, sometimes even more than their salary.

 

[Albis]

it's all business in the end

 

[RbSX]

Originally posted by: Albis
it's all business in the end

Not really. Thats the wonderful thing about the NFL.. although some athletes are paid enormously high amounts.. the average player doesn't get paid nearly as much as say.. the average player in the MLB.

I think he's justified in suing for this.

 

[BigJelly]

Originally posted by: RyanSengara

Originally posted by: Albis
it's all business in the end

Not really. Thats the wonderful thing about the NFL.. although some athletes are paid enormously high amounts.. the average player doesn't get paid nearly as much as say.. the average player in the MLB.

I think he's justified in suing for this.

more than justified--he signed a contract with GM to have his image. Contract ends so does GMs right to use his image.

Hes smart though hes only sueing for 2 million (only because for GM thats nothing) and GM will give him the money to try to stop this PR disaster.

 

[AStar617]

Didn't they stiff him on the 2001 Super Bowl MVP prize vehicle too? lol

 

[spaceman]

brady only makes about a third of what manning does per year iirc.

 

[mugs]

Originally posted by: BigJelly
Hes smart though hes only sueing for 2 million (only because for GM thats nothing) and GM will give him the money to try to stop this PR disaster.

I wouldn't call it a PR disaster, I don't think anyone will refuse to buy a GM vehicle because they used Tom Brady's image without permission.

We've only heard Tom Brady's side of the story. There has to be more to it than this, GM can't be that stupid.

 

[dman]

Originally posted by: mugs

Originally posted by: BigJelly
Hes smart though hes only sueing for 2 million (only because for GM thats nothing) and GM will give him the money to try to stop this PR disaster.

I wouldn't call it a PR disaster, I don't think anyone will refuse to buy a GM vehicle because they used Tom Brady's image without permission.

We've only heard Tom Brady's side of the story. There has to be more to it than this, GM can't be that stupid.

Well, it may not be GM but rather the dealerships/chain in which case they could be that stupid. I suspect that the contract wasn't perfect and that they had some leeway, but, seeing as how they asked for his permission it does lead me to believe they are in the wrong.

 

[Zombie]

its 2 million + punitive damages

 

[Aharami]

regardless, i still feel that athletes get paid waaay too much

 

[flxnimprtmscl]

Originally posted by: AStar617
Didn't they stiff him on the 2001 Super Bowl MVP prize vehicle too? lol

Not sure if he ever did get it. I remember he was complaining because GM was taking forever, though.

 

[pulse8]

Originally posted by: RyanSengara
the average player doesn't get paid nearly as much as say.. the average player in the MLB.

They also play about 1/10 of the games that a baseball player does.

 

[AStar617]

Originally posted by: pulse8

Originally posted by: RyanSengara
the average player doesn't get paid nearly as much as say.. the average player in the MLB.

They also play about 1/10 of the games that a baseball player does.

Perhaps, but with 10x the physical exertion/strain in a contact sport... plus the fact that football has some of the least guaranteed contracts around. If you're hurt and can't play anymore (a realistic possibility for any player at any time), you're cut, period--contract is no longer worth the paper it's printed on. This is why most players' contracts are structured with a relatively huge signing bonus loaded upfront.

 

[BeauJangles]

Originally posted by: Aharami
regardless, i still feel that athletes get paid waaay too much

I really feel that way about a lot of sports, but I think football has some of the most reasonable salaries. Granted they are a litttle high, but players get the sh!t beaten out of them during a career. The owners rake in hundreds of millions of dollars. They deserve a good chunck of money for their participation in the sport.

 

[jlarsson]

Didn't they stiff him on the 2001 Super Bowl MVP prize vehicle too? lol

IIRC, the Cadillac XLR he ordered he donated to his old high school, so they can auction it off to help finance new athletic fields. He did wait quite a while for it though.

 

[chuckywang]

I think everybody would have done the same.