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Former Ohio State star Terrelle Pryor files class action suit over name, image and likeness

Ohio State quarterback Terrelle Pryor (2) in action against Penn State in an NCAA college football game, Saturday, Nov. 13, 2010, in Columbus, Ohio.
Al Behrman
/
AP
Ohio State quarterback Terrelle Pryor (2) in action against Penn State in an NCAA college football game, Saturday, Nov. 13, 2010, in Columbus, Ohio.

Former Ohio State quarterback Terrelle Pryor has filed a class-action lawsuit in federal court against Ohio State, the NCAA, the Big Ten and a communications company over his and other OSU athletes' names, images and likenesses.

Pryor's suit seeks damages and a temporary and permanent injunction preventing the defendants from using the names, images and likenesses of Pryor and other former Ohio State athletes. It cites the Sherman Antitrust Act. The suit was filed Friday in the U.S. District Court for the Southern District of Ohio.

"For many years and continuing to the present, the Defendants have systematically and intentionally misappropriated the publicity rights and NIL of the Plaintiffs and those similarly situated and in doing so have reaped millions, and perhaps billions, of dollars from the Plaintiffs and the class," the suit said.

"Meanwhile, the student-athletes themselves were not only prevented from capitalizing on their publicity rights, but they were punished for doing so through the rules the NCAA forced upon them in order for them to participate," the suit said.

Court records say the defendants still derive revenue from Pryor and other former athletes, citing YouTube videos on the NCAA website, as well as commercials.

The lawsuit claimed the company, Learfield Communications, and its successors have been Ohio State's exclusive partner in regards to multimedia rights.

The suit also states that in 2009 that IMG College, Learfield Communications' predecessor, signed the largest athletics multimedia rights guarantee in collegiate sports history — $128 million — with Ohio State.

Pryor was a star quarterback for the Buckeyes from 2008-2010.

Pryor and four of his teammates — Daniel Herron, DeVier Posey, Solomon Thomas and Mike Adams — were each suspended for five games during the 2011 season after selling rings, jerseys, shoes and other Buckeye memorabilia and receiving discounted tattoos.

Instead, Pryor turned pro that year. The Oakland Raiders drafted him in the third round of the NFL's supplemental draft. He went on to play for nine teams, including the Cincinnati Bengals and the Cleveland Browns.

In September, former USC star running back Reggie Bush sued that school, the NCAA and the Pac-12 in a similar name, image and likeness case. Bush played for the Trojans two decades ago.

Mark Ferenchik is news director at WOSU 89.7 NPR News.