Retired players sue NFL for use of identities

[August 21, 2009]  MINNEAPOLIS (AP) -- NFL Hall of Famer Elvin Bethea and five other players sued the league for using their names and images for profit without their permission.

The players filed a class-action lawsuit Thursday in federal district court in Minneapolis. The lawsuit accuses the NFL of exploiting retired players' identities in films, highlight reels and memorabilia to market the league's "glory days" without compensating the players.

"It's really turned into a big property," said Bob Stein, a lawyer for the players.

How much former players are owed is unclear, Stein said. But the lawsuit suggests the amount exceeds $5 million.

NFL spokesman Greg Aiello had no comment because the league has not yet reviewed the lawsuit.

The other players listed in the suit are Jim Marshall, Ed White, Joe Senser, Fred Dryer and Dan Pastorini.

Stein, who played in the NFL for seven years, said other retired players approached him when they saw their names and images in NFL Films videos and other material used today by the league.

"A couple of my old teammates (were) asking me if when we played, we gave the league the right to use any kind of publicity forever," he said.

Stein expects to add more players to the class-action suit. Many former players struggle financially and continue to deal with injuries they suffered during their playing days, he said.

"I can tell you the motivation of the action and the representatives are to try and help everybody," he said. "What form that takes, I don't know yet and no one would know."

In June, a group of more than 2,000 retirees won a $26.25 million settlement with the NFL Players Association over the use of their likenesses in video games, trading cards and other sports products. The retirees sued in 2007, accusing the union of failing to actively pursue marketing deals for such products.

___

On the Net:

A copy of the lawsuit: http://retiredfootballplayerslawsuit.com/

[Associated Press; By NOMAAN MERCHANT]

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.