It recently came to light that a merchandise vendor was using Dak Prescott's likeness on t-shirts, and the Mississippi State quarterback has sued the vendor in order to protect his eligibility. The vendor never received Prescott's consent to use his likeness, which is the basis for the lawsuit.
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According to media reports, Prescott filed the suit in Oktibbeha County against clothing designer Christian Matthew for the shirts he made using Prescott's picture. The two lines of shirts read "Dak Attack" and "Dak Dynasty," respectively.
Mississippi State University spokesperson Sid Salter confirmed that Prescott had filed the lawsuit, saying, "The university believes it's appropriate for Dak to defend himself and protect his rights as an individual." Prescott's lawyer was hired via the NCAA Opportunity Fund. Prior to filing the suit, the lawyer is said to have "filed numerous cease and desist letters with the clothing outfitter," all of which were ignored.
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If Prescott had not taken legal action, he could have faced eligibility issues becuase of his knowledge that the shirts were being made and sold. The university is not involved with the lawsuit.
According to the Clarion 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'sphotograph is sold by an individual or agency (e.g., private photographer, news agency) for private use."
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