Friday, December 12, 2014

Dak Prescott involved in lawsuit with vendor who used his likeness



Nov 29, 2014; Oxford, MS, USA; Mississippi State Bulldogs quarterback Dak Prescott (15) throws the ball against the Mississippi Rebels at Vaught-Hemingway Stadium. The Rebels won 31-17. (Spruce Derden-USA TODAY Sports) Mississippi State star quarterback Dak Prescott is involved in a lawsuit with a merchandise vendor who sold t-shirts using Prescott’s likeness without his consent. The case has been filed in Oktibbeha County (Miss.) Circuit Court against clothing designer Christian Matthew for printing and selling “Dak Attack” and “Dak Dynasty” t-shirts.


MSU spokesman Sid Salter confirmed the lawsuit, which was first reported by WCBI, to the Clarion Ledger and said the school is not involved.


“The university believes it’s appropriate for Dak to defend himself and protect his rights as an individual,” Salter said.


Salter told the Ledger that Prescott’s lawyer, who was hired via the NCAA Opportunity Fund, “filed numerous cease and desist notices with the clothing outfitter,” but they were all ignored.


Because of his knowledge of the shirts with his likeness, Prescott could have faced eligibility issues if he did not pursue a lawsuit.


From the Ledger:



The T-shirt violates NCAA Bylaw 12.5.2.2 Use of Student-Athlete's Name or Picture without Knowledge or Permission.The bylaw states:"If a student-athlete's name or picture appears on commercial items (e.g., T-shirts, sweatshirts, serving trays, playing cards, posters) or is used to promote a commercial product sold by an individual or agency without the student-athlete's knowledge or permission, the student-athlete (or the institution acting on behalf of the student-athlete) is required to take steps to stop such an activity in order to retain his or her eligibility for intercollegiate athletics. Such steps are not required in cases in which a student-athlete's photograph is sold by an individual or agency (e.g., private photographer, news agency) for private use."



Prescott will finish his junior season in the Bulldogs’ Orange Bowl matchup against Georgia Tech on Dec. 31. Prescott has said that he would consider leaving for the NFL Draft if he is projected as a high-round selection. If he plans to return to school for this senior year, it looks like he’ll have to get this taken care of before the 2015 season begins.


For more Mississippi State news, visit BulldogBlitz.com.


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Sam Cooper is a contributor for the Yahoo Sports blogs. Have a tip? Email him or follow him on Twitter!


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