Frank Thomas sues White Sox, other companies for profiting from identity without his consent
CHICAGO — Retired Chicago White Sox slugger Frank Thomas filed a lawsuit against his former ballclub, Nike and Fanatics last week for allegedly using his identity for commercial purposes without his agreement. The complaint, filed March 19 in the Circuit Court of Cook County, alleges that Nike, Fanatics, Fanatics Apparel and White Sox violated the Illinois Right to Publicity Act by profiting from selling items like jerseys and uniforms bearing Thomas’ name without his consent or compensation. The complaint, filed by Corboy & Demetrio, asks for a sum not limited to $50,000 in response to the economic damage suffered from the alleged infringement.
“Companies may not profit from anyone’s identity without their permission. We believe our filing speaks for itself,” Attorney William Gibbs, of Corboy & Demetrio, said in a statement Monday. Last year, jerseys like the City Connect 2.
0 with Thomas’ name in the front and his number “35” in the back were sold by Nike, Fanatics, Fanatics Apparel and the White Sox, while no agreement between them and Thomas existed, the complaint alleges. Playing for the White Sox from 1990 to 2005 before officially retiring in 2010, Thomas earned the nickname “The Big Hurt,” a power-hitting first baseman and designated hitter known for “damage he inflicted on opposing pitchers,” according to the Baseball Hall of Fame, which inducted him in 2014. “Big Hurt” became a trademark moniker for Thomas, according to the complaint.
Thomas is motivated to prevent these types of things from happening to others as well, Gibbs said. “A big part of Frank’s motivation is to ensure that guys like him who have worked so hard for their whole careers to establish a brand are not then exploited and taken advantage of,” Gibbs told the Chicago Tribune on Tuesday. “Frank is doing this for himself, but he’s also doing it for those that might also be being used for profit without their permission,” he said.
A Nike representative said they did not have “anything to comment” on the matter. White Sox media said they “do not comment publicly on active litigation. ” And Fanatics did not immediately answer a request for comment.