EA and Topps are interested in signing former NFLers through their new group licensing agency, a lawyer for retirees told a federal appeals court this week. Attorney Daniel Gustafson urged the appeals courts not to overturn the settlement of a publicity lawsuit against NFL Films, which set up the licensing agency. The agency cannot move forward until the appeals are exhausted. A federal district court previously approved the settlement and it is that approval that is under appeal. Gustafson also said jersey companies have expressed interest to the new agency. The agency for the first time would offer companies a place to group license retirees. It has long been unclear if there is a true market for NFL retirees outside a handful of famous names. Objectors to the settlement claim it violates class action law by not paying class members directly for their alleged harm, in this case that NFL Films used their images without permission. They contend despite Gustafson’s comments, the licensing agency, which is run by IMG, has no business plan. “Where in the record in their business plan?” Eric Magnuson, asked the 8th Circuit Court of appeals three-judge panel. Magnuson of Robins, Kaplan, Miller & Ciresi, L.L.P., represents the lead group of objectors. He also urged the court to ignore Gustafson’s claims about EA and Topps because they were not in the judicial record. The NFL last year settled the case for $50M, with the bulk of that amount going to third parties, like medical providers and charities, that will work with retirees. The first provider is a dental plan that will offer free dental coverage, Gustafson said. The remainder goes to legal fees and to set up the licensing agency.
