Michael Bonner

The Clarion-Ledger

A Mississippi State spokesperson confirmed a lawsuit involving Dak Prescott and a merchandise vendor Thursday night.

The lawsuit, first reported by WCBI, involves a clothing designer illegally using the Mississippi State quarterback's likeness for profit without his consent.

WCBI TV reported the case has been field in the Oktibbhea County Circuit Court regarding Christian Matthew printing and selling "Dak Attack" and "Dak Dynasty" T-shirts.

Sid Salter, MSU's chief communication's officer, said the university is not involved in the lawsuit. Prescott hired a lawyer through the NCAA Opportunity Fund. It helps student-athletes when they can't afford certain things, such as legal action or to travel home due to family emergencies.



Salter said Prescott's lawyer filed numerous cease and desist notices with the clothing outfitter, which were all ignored.

"The university believes it's appropriate for Dak to defend himself and protect his rights as an individual," Salter said.

With the knowledge of the clothing's existence, Prescott had to file suit after the vendor refused to stop. If the quarterback ignored the products, it would result in an NCAA violation and could affect his eligibility.

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's photograph is sold by an individual or agency (e.g., private photographer, news agency) for private use."

It could also be a sign Prescott will return for his senior season at Mississippi State. His eligibility would only be potentially affected for next season.

Prescott said earlier this year he would consider leaving for the NFL if he was slotted to go in the first three rounds.

Numerous vendors have attempted to use the emergence of Prescott for profit according to Mississippi State football spokesperson Bill Martin. He said the university has been proactive all season in attempts to prevent the use of Prescott's likeness.



