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Parrish v. National Football League Players Ass'n
8/27/2024 pdw
The NFLPA is a labor union that represents retired football players. NFLPA owned a company referred to in this case as Players, Inc.
Players, Inc. negotiated with other companies to use the names, image and likeness of retired players. For example, a video game maker might want to include a retired football player in a video game. So Players, Inc. would negotiate an agreement for the game maker to use the player's name, image and likeness in exchange for some cash.
The problem is, the cash never made it to most of the retirees. So they are suing.
They argue that Players, Inc. competed unfairly and wrongfully interferred with the retirees' ability to negotiate their own name, image and likeness deals. So how does agency law play into this?
Well, the retirees allege that Players, Inc. held itself out as the retirees' agent. As the court explains, folks who hold themselves out as the agent of another may be estopped from denying that agency relationship.
If Players, Inc. is an agent of the retirees, then it needs to be loyal to the retirees' interests, so Players, Inc. would be liable for breaching its duty of loyalty to the retirees by preventing the retirees from making deals and for not paying the retirees the royalties they are owed.
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