FanDuel - WFBC

December 07, 2006

Tom Brady Blitzes Yahoo!: In a federal complaint, Brady charges Yahoo! used his photo without authorization in a September 2006 Sports Illustrated ad and in banner ads on Yahoo! Sports pages. Brady alleges that Yahoo!'s use of his image (he's one of six players in the ad) connotes a false endorsement and, as such, is seeking unspecified punitive and compensatory damages against the company.

posted by forrestv to football at 09:31 PM - 45 comments

Part of me sides with Brady on this one. It is his image, after all. But another part of me thinks it's ridiculous for his management team to want to know what percentage of money his photo made Yahoo! (the ad is on page 9.)

posted by forrestv at 10:11 PM on December 07

Brady is extremely protective of his image and "brand", and very selective about commercial endorsements. Unlike another QB I can think of...

posted by Venicemenace at 11:19 PM on December 07

Well, I could be wrong, but isn't it the NFLPA that makes these fantasy league deals, and since Brady is a member of the NFLPA, if they want to make a deal with Yahoo! and use his image, he really doesn't have a say? (Obviously I'm mistaken, because he is actually suing, but this is what I thought the rules were...)

posted by edub1321 at 01:41 AM on December 08

Unlike another QB I can think of... Don't be calling out Jeff George without using the man's name, man. I think edub might be right -- as a member of the NFLPA, they may have done the licensing on this deal. It's possible Brady has control over his likeness, though, in which case I wholeheartedly endorse shoving it up Yahoo's ass sideways.

posted by wfrazerjr at 08:43 AM on December 08

Funny this came up, because my father and I were commenting about how freaking many commercials Manning is in. For the love of god, is it ever possible to have enough money?

posted by hawkguy at 08:57 AM on December 08

Brady is extremely protective of his image and "brand" Wasn't he featured in a recent "Family Guy" episode?

posted by psmealey at 09:09 AM on December 08

I think the issue revolves around whether or not it is considered an endorsement. People publish fantasy magazines with athletes pictures all over them. Additionally, if you were to do an unauthorized biography of Tom Brady, you could certainly have his picture on the cover and on advertisements. The publisher just has to make sure that it doesn't look like Brady is endorsing the product.

posted by bperk at 09:35 AM on December 08

Funny this came up, because my father and I were commenting about how freaking many commercials Manning is in. For the love of god, is it ever possible to have enough money? I seem to remember another superstar with even more commercials than manning. I think he played basketball for the Chicago Bulls.

posted by livewire at 09:37 AM on December 08

It seems to me that I see Brett Favre more often in commercials than any other NFL'er except Reggie Bush. I think the advertisers are pandering to my age group with Favre and nobody likes Subway more than me. Those clever rascals!

posted by Termite at 09:43 AM on December 08

But another part of me thinks it's ridiculous for his management team to want to know what percentage of money his photo made Yahoo The request for the monetary amount is so that TEB Management can recoup some percentage. The more Yahoo made off of the promotion, the more that Brady is due. I don't know how the NFLPA licensing agreements work, but I would think that any request for the use of a particular member's likeness in an endorsement would require the agreement of that member. Does anyone have any accurate information on that?

posted by Howard_T at 10:09 AM on December 08

Does anyone have any accurate information Where are the Hosers Picks for week 14?

posted by Termite at 10:15 AM on December 08

Does anyone have any accurate information Where are the Hosers Picks for week 14? Wrong dude, dude.

posted by tron7 at 10:24 AM on December 08

Here is a lengthy article from the Boston Globe Magazine regarding Brady's position toward endorsements. There's a great part where Charlie Pierce discusses the VISA commercials he did with his O-line.

posted by Venicemenace at 10:50 AM on December 08

Funny this came up, because my father and I were commenting about how freaking many commercials Manning is in. For the love of god, is it ever possible to have enough money? No. Or, if it is possible, please tell me just how much is ENOUGH? I have no problem with players trying to make as much as they can for as long as they can. Isn't that the American way, after all? I don't begrudge Payton Manning one little bit, and he does tremendous charity work.

posted by tommytrump at 11:08 AM on December 08

I DO like those ones where Peyton cheers for ordinary people at their jobs. However, the spot where he comes out of the football after it's doused with Gatorade Rain...that is just laughable.

posted by Venicemenace at 11:09 AM on December 08

Termite, I just now finished editing the card backs for sci-fi/horror movie poster card set. I'll have the new picks to the Pantheon this afternoon.

posted by wfrazerjr at 11:13 AM on December 08

I find this lawsuit so un-Brady like. I don't think that he himself would do this on his own. I'm think his management are at the head of all this. Tom Brady is a guy who goes about his business,plays the game of football,and really doesn't seem to like the limelight. Unlike Peyton Manning, who has several different commercials,Brady has turned down a few different endorsement deals.Nothing against Manning, I would do the same as he if I were in his shoes.I'm sure if yahoo took the proper way about using his identity,he or his agent or whoever wouldn't have a problem with it. I'm just curious about how this works monetary wise for the players whose names are used in these fantasy leagues. Does anyone know out there? Just would like to know how this works as I'm not familiar with the whole fantasy league and how it actually works.

posted by Ghastly1 at 11:41 AM on December 08

Ghastly, what's up with all the line breaks in your comments? It's not a huge deal, but I myself find it very distracting. Anyway, I sort of disagree here, although I think you make contradicting points. Perhaps suing other people isn't what you think of as Brady-like, but you accurately note that Brady stays out of the limelight and turns down endorsements. Ergo, he does not want his image used without his permission. Yahoo did exactly that. What recourse is he supposed to take to protect his image in the future, ask everyone nicely? I'm sure this is the last time a company like Yahoo will throw Brady's picture on their product without thinking twice, and that accomplishes his goal here.

posted by Venicemenace at 12:06 PM on December 08

We sure do have a lot of English teachers and grammer Nazi's on the sports chat. On a daily basis, I see someone upset AT THINGS LIKE USING CAPS ALL THE TIME. OR SOME PEOPLE GET MAD IF YOU HAVE PAGE BREAKS AND IT IS DISTRACTING. always make sure you use a capital to start you sentence too or someone may not like that either. I If you don't like what someone has to say cool, but F*#$ 8th grade English is over

posted by Debo270 at 02:02 PM on December 08

Sorry Not really a shot at you Venicemenace you were at least nice about it, but some people need to chill out

posted by Debo270 at 02:04 PM on December 08

From what I read at pro football talk, players have control over single players images/likeness but once it gets to be 6 or more players it is in the hands of the NFLPA (and this image is of 6). Don't know yet if Yahoo has a deal with NFLPA though

posted by mick at 02:12 PM on December 08

Hi Debo! Welcome to Sportsfilter! It's awesome to have you here. Just wanted to point you in the direction of our Sportsfilter GuidelinesTM. It is a little something the moderators and the members came up with to help the community stay on track. The Sportsfilter GuidelinesTM should answer all your issues about grammar and any other questions or concerns you may have about the rules of the road here at SpoFi! Again, welcome to Sportsfilter and we hope you're interested in being a productive member of the community!

posted by jerseygirl at 02:15 PM on December 08

Are we so special that the guidelines are actually trademarked?

posted by Ying Yang Mafia at 02:24 PM on December 08

We didn't get nominated for a Weblog Award. Let us cling to something.

posted by jerseygirl at 02:28 PM on December 08

Two things we have always had here in Mystery SpoFi: our dignity and our illusions. I suggest we cling to both.

posted by MrFrisby at 02:35 PM on December 08

our dignity and our illusions. Does Greg Maddux come to you in your sleep?

posted by Ying Yang Mafia at 03:35 PM on December 08

I find this lawsuit so un-Brady like. This is not the first time Brady has sued over the use of his likeness. He went after General Motors not too long ago when they used his image in a Cadillac advertisement. The details of the alleged misuse escape me, as do the terms of the settlement. I believe it was settled in Brady's favor without court action.

posted by Howard_T at 04:03 PM on December 08

MrFrisby: Two things we have always had here in Mystery SpoFi: our dignity and our illusions. I suggest we cling to both. But it's the biting sarcasm that keeps bringing us back, as you aptly demonstrated. Well played, MrFrisby, well played indeed.

posted by worldcup2002 at 04:08 PM on December 08

Thanks jerseygirl. You saved me a whole lot of work. I know when I first joined Spofi, I hadn't read/learned all the guidelines. Proper grammar and punctuation make every posting easier to read and understand. Calling someone a Nazi because they ask that you try to use basic English writing skills is extremely offensive to me, and I'm sure I don't stand alone in that regard . 8th grade English class may be over, but apparently some of us need remedial work. On topic, Tom Brady pays his agent and advisors good money to take care of his interests, and evidently they feel his likeness is being misused. It is their job to act for him, and I applaud their efforts to protect his good name.

posted by tommytrump at 04:49 PM on December 08

/awaits jerseygirl's touching thank you speech

posted by Ying Yang Mafia at 05:13 PM on December 08

Excuse me Venice,I will try to do better in the future so I don't DISTRACT you. If I was a pro athlete,I would do the same.I wouldn't want my name without my permission or my picture, image whatever.I didn't say I was against Brady's lawsuit,just pointing it's unlike him from what I have read and know about him.Is this post less distracting for you and up to par? I wouldn't want to DISTRACT you from reading the posts here on SpoFi. Believe me,I've seen alot worse usage of the guidelines here at SpoFi. There have been some that sentences that keep running together without periods and what not.Myself I am not going to badger someone maybe because he or she has problems with their grammar. If anyone read my above post in which Venice is talking about,I didn't think it was DISTRACTING at all. Just my opinion thats all, just like he has his.Although I do agree with the guide lines that are to be followed here.

posted by Ghastly1 at 05:24 PM on December 08

Am I ever sick of fucking sonnets. They they don't make much sense when they are so hard to read. And while they're written like plays it is really only beautiful if one is trying to make a Broadway Musical. In reality, it makes trying to get one's point across extremely hard.

posted by Ying Yang Mafia at 06:14 PM on December 08

Both smart and pretty, archetypes of perfect form: Haikus and Brady

posted by Samsonov14 at 06:42 PM on December 08

Ghastly, at this point I can only surmise that you simply do not understand what I was talking about. It has nothing to do with the quality of your comments or your grammar. It has everything to do with the bizarre way your text appears on the screen. It must be out of your control or perception, so I apologize for bringing it up.

posted by Venicemenace at 11:58 PM on December 08

Now, to the substance of your post: I didn't say I was against Brady's lawsuit,just pointing it's unlike him from what I have read and know about him. In what way is it unlike him? You noted that he doesn't do a lot of endorsements. He didn't want to do this one, either. I don't see the contradiction there. Maybe you meant that you don't think of Brady as the litigious type. But as Howard T pointed out, this isn't the first time Brady has brought suit against those who used his image without permission. In this day and age, sometimes you need to go to court to get control of a situation like that. So again, how is this inconsistent with what's been written about Brady in the past? As far as your question about fantasy sports goes, here is a link to a column that you may find interesting. The leagues and players' unions are involved in an ongoing struggle with Yahoo! and similar fantasy sports host sites about whether or not the leagues/players can charge rights fees for the stats.

posted by Venicemenace at 12:08 AM on December 09

Calling someone a Nazi because they ask that you try to use basic English ... Hey, didn't Godwin's Law just kick in at this comment? I'm just sayin'! NAZIS! *runs away*

posted by worldcup2002 at 12:32 AM on December 09

*runs back* Oh, a la Samsonov ... Good punctuation decorates SpoFi comment Newbie. Oldie. Love.

posted by worldcup2002 at 12:37 AM on December 09

Y.Y. Mafia, Spofi's E.E. Cummings.

posted by yerfatma at 09:13 AM on December 09

For all those who seek to refine our writing skills: Good grief, Charlie Brown, Lucy always moves the ball. Why do you even try? (Fraze, you madman, look what you have started!!!!)

posted by Howard_T at 03:25 PM on December 09

I'm feeling the haiku love! And if you're lost, check out The Hoser's picks this week.

posted by wfrazerjr at 04:52 PM on December 09

Y.Y. Mafia, Spofi's E.E. Cummings. Shouldn't that be e e cummings?

posted by tommytrump at 10:02 PM on December 09

I don't care what it is as long as he is not cummings up with any more (rim shot please!)

posted by forrestv at 10:31 PM on December 09

i've found a. dislike For these; poems On sportsfilter they Drive me. crazy

posted by Ying Yang Mafia at 12:04 PM on December 10

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