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A New York federal judge tossed Mark Gastineau’s $25 million lawsuit against ESPN and NFL Films, ruling the Jets legend consented to use of his name, image, and likeness in the 30 for 30 documentary.
Gastineau, 69, sued almost exactly one year ago over how he was depicted in “The New York Sack Exchange,” a December 2024 documentary about the Jets’ star-studded 1980s defensive lines that shared the film’s nickname.
The complaint took issue with one scene showing him confronting former Packers quarterback Brett Favre at a 2023 memorabilia convention, accusing Favre of intentionally going down to let Giants defensive end Michael Strahan break Gastineau’s single-season sack record.
Gastineau, who played in the NFL from 1979–1988—all with the Jets—held the NFL’s single-season sack record with 20 until Michael Strahan broke it by sacking Favre in a January 2002 game. His complaint alleged he did not consent to the encounter being recorded or used, and claimed the producers edited out footage of him shaking Favre’s hand to make the exchange look more hostile.
“You hurt me, Brett,” Gastineau told Favre in the viral clip.
Gastineau alleged the film was edited deceptively, and that his name, image, and likeness was used without his consent, in violation of the Lanham Act and New York’s Civil Rights Law.
On Monday, U.S. District Judge Paul A. Engelmayer dismissed the lawsuit with prejudice, which means Gastineau cannot refile the same claims. The dismissal can be appealed.
According to the judge, Gastineau “consented, in writing, to the use of his name and likeness in the film and related promotional materials” and, “that authorization was broad and encompassed Gastineau’s name and likeness as reflected in extrinsic footage, such as that of the encounter with Favre.”
Gastineau had no right to veto any aspect of the documentary, and the exchange with Favre was newsworthy, according to the judge.
“It is newsworthy in that the participants were nationally recognized football stars (Favre is a member of the Pro Football Hall of Fame), the exchange between them concerned a venerated NFL record, the incident featured prominently in the film, and, as the film reflects, Gastineau’s aggressive conduct appears to have driven a wedge within the Sack Exchange quartet that was the subject of the film,” the judge wrote.
Representatives for Gastineau and ESPN and NFL films did not immediately respond to requests for comment.
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