ABOUT THE LAWSUIT

Six retired National Football League (NFL) players have filed a class action lawsuit against the NFL. The lawsuit challenges the unauthorized use of the retired players’ names, images, and likenesses to promote the NFL brand and otherwise produce revenue for the NFL.  The goal of this action is to resolve the rights of as many retired NFL football players as possible, regardless of level of celebrity, prominence in NFL Films or how long they played in the league. The players, Fred Dryer, Jim Marshall, Elvin Bethea, Joe Senser, Dan Pastorini, and Ed White, allege the NFL has earned substantial revenue by using the identities of retired NFL football players to promote the League’s “glory days”.  The NFL’s efforts to use its past to promote its brand have allowed the NFL to obtain revenues from current fans of the game.  The NFL’s total revenue exceeded an estimated $6.9 billion in 2008 alone. 

The NFL has become the most powerful and profitable sport in America over many years through the sacrifice of the players who played the game.  Many of those now-retired NFL players suffer from severe physical limitations, pain, and disabilities as a result of the sacrifices they made – sacrifices the NFL now uses to promote itself.  Through their suit, the retired NFL players seek a fair share of the revenues the NFL has earned, and will earn, by using the images of former players who helped build the NFL brand into what it is today. 
 
“The evolution of television and channels like ESPN and The NFL Network, along with online media, has brought the issue front and center,” said Bob Stein, an eight-year NFL veteran and attorney representing the players. “Retired players who helped build the League and are being used to promote it today deserve to be paid for what they have contributed to generate money for the NFL.  This is a chance for the League to show it wants to do the right thing,” said Stein.  Charles Zimmerman, who is representing the players along with Stein, said “This is an opportunity for the NFL to resolve an important issue and properly acknowledge the role its alumni play as a continuing source of revenue for the League.  We hope both the League and its retired players are able to move forward in a mutually respectful and equitable way.”

The retired players are represented by Bob Stein, LLC, Zimmerman Reed, PLLP and Ward and Ward, PLLC.