Hall of Famer Frank Thomas is suing Nike, Fanatics, and the White Sox over claims they illegally sold his jerseys without his consent.
The longtime White Sox slugger seeks at least $50,000, plus attorneys fees and punitive damages, according to the complaint filed March 19 in Illinois state court. The suit claims the defendants were “unjustly enriched” through the sale of City Connect 2.0 jerseys bearing his name and number, which went on sale last April.
“Without his agreement or consent, Nike, Fanatics, Fanatics Apparel, and the White Sox profited by selling items using Frank Thomas’s identity for their own commercial purposes,” the suit says.
The suit cites the Illinois Right of Publicity Act, which prohibits use of someone else’s identity for commercial purposes without obtaining their consent.
Additionally, the suit names a number of “respondents in discovery,” including the National Baseball Hall of Fame and Museum Inc., Chicago Bulls Limited Partnership—White Sox owner Jerry Reinsdorf also owns the Bulls—Dick’s Sporting Goods Inc., Mitchell & Ness LLC, and more. It says those entities “may have information as to whom, if anyone, should be named as additional defendants.”
Thomas played 16 seasons with the White Sox, from 1990 through 2005, and won back-to-back AL MVPs in 1993 and 1994. He’s their all-time home runs leader with 448, runs with 1,327, and RBI with 1,465. He is tied for 20th in all-time home runs with 521. He was inducted into the National Baseball Hall of Fame in Cooperstown in 2014.
In 2010, he signed a one-day contract with the White Sox to officially retire as a member of the team he played most of his career with. He was a studio analyst and ambassador for the team before taking on the role of special consultant for business operations in 2016.
But his relationship with the White Sox hasn’t been perfect. In 2006, while he was still playing, he sued two White Sox doctors over allegations they misdiagnosed his broken foot which led to additional injury. (The team was not a defendant in that lawsuit and the suit was settled in 2011.)
In February of this year, Thomas took issue with a social media post from the team commemorating Black History Month. Thomas, who was mentioned only once in the graphic, responded to the post saying “I guess the black player who made you rich over there and holds all your records is forgettable! Don’t worry I’m taking receipts!”
An attorney for Thomas tells Front Office Sports “the lawsuit speaks for itself.” Spokespeople for the White Sox, Fanatics, and Nike declined to comment.
