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Marketing and Sponsorship

Chris Spielman-Ohio State Lawsuit Over Commercial Use Expanded To 89 IMG Schools

An amended complaint was filed yesterday in former Ohio State LB Chris Spielman's lawsuit against OSU that "expands the class action lawsuit beyond Ohio State and now involves all 89 schools that have contracts with IMG, including Ohio State," according to Laura Newpoff of COLUMBUS BUSINESS FIRST. The original lawsuit was filed in U.S. District Court in Columbus in July and "named as 'co-conspirators'" were Nike, which makes licensed OSU apparel, and Honda, which "sponsored a series of banners with former star players' names and photos hanging in Ohio Stadium." Spielman's agent Bret Adams said that the amended complaint was "necessary because Ohio State is attempting to move the case to the Ohio Court of Claims so it could argue immunity based on being a state government university." Newpoff noted the new filing "expands the class action to 'make it bigger and stronger. The class would represent thousands of former players at each institution.'" He said yhe goal is to "break the monopoly of these schools via IMG" (BIZJOURNALS.com, 11/28). The AP's Andrew Welsh-Huggins noted the updated complaint "calls IMG and Nike's actions 'patently anti-competitive and illegal,' and said actions by the companies and the universities led to the players 'losing their freedom to compete in the open market.'" Nike is "targeted for its 'Legends of the Scarlet and Gray' vintage jersey licensing program and for other apparel contracts at the various other schools" (AP, 11/28).

TAKING ISSUE: In Columbus, Jim Woods reports the lawsuit "took issue with 64 banners hung in Ohio Stadium featuring players' likenesses along with a corporate logo for Honda on them." Spielman said that it was "problematic ... because it put him in conflict with his sponsorship agreement with a local Mazda dealer." Spielman has "gone to lengths to emphasize that his suit is not about getting money from or being against Ohio State." He said that the issue is that OSU "shouldn't be able to use his name and image with a corporate sponsor without him having any say" (COLUMBUS DISPATCH, 11/29).

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