Ohio State has asked a federal judge to dismiss the class-action lawsuit filed by former Buckeye linebacker Chris Spielman against the university in July.
The news was first reported by Andrew Welsh-Huggins of the Associated Press.
In a motion filed with the U.S. District Court on Monday, Ohio State states that Spielman's claims against the university "should be dismissed for several reasons."
Ohio State argues that Spielman's claims do not constitute violations of the Sherman and Lanham Acts, as alleged in the class-action lawsuit.
As to his Sherman Act claims, Plaintiff takes issue with routine licensing and related contracts between Ohio State and Nike USA, Inc. However, he does not identify any provisions in these contracts that improperly fix prices or limit him from exercising his own intellectual property rights. Plaintiff also does not allege that Ohio State has prohibited him from licensing his own name or that he ever sought and was denied a trademark license from Ohio State. Further, Plaintiff has identified no injury to competition as a whole, and he therefore lacks antitrust standing. As to the Lanham Act claim, Plaintiff alleges no facts to show that Ohio State somehow deceived consumers into withholding trade from him—facts that are necessary to support his standing to sue—or that consumers were likely to experience the type of confusion that the Lanham Act is designed to address.
Ohio State also argues that the U.S. District Court "lacks subject-matter jurisdiction" over Spielman's claims, and that any further pursuit of claims against the university should be filed in the Ohio Court of Claims.
Spielman filed his class-action lawsuit against Ohio State and IMG College on July 14, accusing the university and the marketing company of using the images and likenesses of he and other former Ohio State football players without their permission and without compensating them for financial agreements with third parties, specifically including Honda and Nike.
"I am humbled and honored any time Ohio State uses my name and image. But when you slap a third-party corporate sponsor or corporate advertiser or corporate partner without asking or without giving me a right to say yes or no, then that’s where the problem comes in," Spielman told Eleven Warriors on July 17.
Spielman told Eleven Warriors on July 17 that suing Ohio State was "gut-wrenching, but it's the right thing to do."
"We’re doing this for past players, former players, current players and future players," Spielman said. "This is for the current players when they become former players, so that they can have a say in how their name and likeness is used, but they can still be effective representatives of the university and they still can be ambassadors of the university."
Ohio State's full motion to dismiss the lawsuit is below.
