New York Jets legend Mark Gastineau is suing ESPN and NFL Films over his portrayal in a recent 30 for 30 documentary.
Gastineau starred in “The New York Sack Exchange,” a documentary that aired in December about the Jets’ star-studded defensive lines of the 1980s that had the same nickname as the film.
The complaint, which was filed in the Southern District of New York on Tuesday, takes issue with his portrayal in the film, which includes a confrontation with former Packers quarterback Brett Favre. Gastineau is seeking damages of at least $25 million, plus punitive damages and an injunction on further violations.
Gastineau, a Pro Football Hall of Famer who played in the NFL from 1979–1988, all with the Jets, held the NFL’s single-season sack record with 20 until Giants defensive end Michael Strahan broke it by sacking Favre in 2001. The documentary includes a clip of Gastineau confronting Favre at a 2023 memorabilia convention accusing him of intentionally falling to give Strahan the record.
“You hurt me, Brett,” Gastineau told Favre then.
In the complaint, Gastineau alleges he didn’t consent to the interaction being recorded or used in the documentary and that the film’s producers intentionally edited out footage of him shaking hands with Favre so as to make the exchange look more hostile.
The lawsuit alleges the people behind the documentary portrayed Gastineau “in a manner which was maliciously false and as a result Mark has been attacked on social media with ridicule, scorn and contempt,” the complaint said. “The reputation and character of the plaintiff, Mark Gastineau, has been damaged by the misleading and malicious portrayal.”
In an email to Front Office Sports, Gastineau’s attorney Christopher Cassar said his client would not have been involved in the film had he “been aware that this clip had been filmed or would be included in promotion or the actual final cut of the ‘30 for 30’ film.” ESPN declined a request for comment from Front Office Sports.
Gastineau is accusing ESPN and the NFL of using his name, image, and likeness without his consent, violating the Lanham Act and New York’s Civil Rights Law. (The Lanham Act is a federal law that protects trademark owners against the use of similar marks if it’s likely to result in consumer confusion.) The complaint alleges Gastineau’s misrepresentation in the film is likely to confuse its viewers. He also claims breach of contract with the film’s parties, because the inclusion of the Favre clip violated an agreement he signed before interviewing for the documentary.
The complaint lists ESPN, NFL Films, and the documentary’s codirectors James Weiner and Ken Rodgers, as defendants.
