Frank Thomas Files Lawsuit Against White Sox, Nike, and Fanatics for Unauthorized Use of Likeness
Former Chicago White Sox player Frank Thomas, known as the “Big Hurt,” has filed a lawsuit against the White Sox, Nike, and Fanatics, Inc., alleging the unauthorized use of his name and likeness. The lawsuit, filed in Cook County Circuit Court, claims that the defendants profited from selling merchandise featuring Thomas' identity without his permission. Thomas, a Baseball Hall of Famer and two-time AL MVP with the White Sox, is seeking over $50,000 in damages, along with attorney fees and punitive damages. He is also requesting a trial by jury.
The lawsuit alleges that Nike, Fanatics, and the White Sox used Thomas’ name and likeness to market and sell “City Connect 2.0” jerseys with his jersey number, No. 35, on the front and his name and number on the back, along with team and Nike branding. The complaint asserts that this unauthorized commercial use of Thomas’ identity violates the Illinois Right of Publicity Act, which prohibits profiting from someone’s identity without their consent.
According to William T. Gibbs of Corboy & Demetrio, the law firm representing Thomas, the lawsuit is based on violations of the Illinois Right to Publicity Act. The complaint argues that companies cannot benefit from using anyone’s identity without permission. Thomas did not receive any financial compensation for the use of his name and likeness, leading to economic harm. The lawsuit contends that the defendants’ actions go against principles of justice, equity, and fair play.
WGN-TV has contacted the White Sox for a response to the lawsuit. The outcome of the legal proceedings will determine whether Thomas will receive the compensation he is seeking for the unauthorized use of his identity.