Thursday, April 4, 2013
Jimmer Fredette sues over royalties
SALT LAKE CITY -- Attorneys said Thursday they hoped to settle a lawsuit filed by former Brigham Young star Jimmer Fredette against a Utah-based clothing company for failure to pay $50,000 plus royalties.
Fredette's Salt Lake City-based attorney, Tyson Snow, filed the complaint Monday in Utah's 3rd District Court against Black Clover Enterprises. It alleges breach of contract, abuse of Fredette's identity and using his name and likeness for profit.
"We are working with Black Clover attorneys and it is our hope that the complaint can be dismissed in the near future," Snow said Thursday.
Fredette, 24, is now in his second year with the NBA's Sacramento Kings and earns $2.4 million.
Brett Wayment, one of Black Clover's owners, also said both sides have been working toward a resolution and hoped to continue the business relationship with Fredette. The apparel company has been selling Fredette hats with Kings colors.
The lawsuit says Fredette entered an endorsement agreement with Black Clover in March 2012 to use his name and likeness on a variety of products.
In exchange, the former NCAA national player of the year was to receive $50,000 a year plus royalties of up to 10 percent of company revenues on endorsed products.
The deal called for Fredette to make himself available for two hours during an "appearance day," wear the apparel at media events and promote it through social media sites when possible, and provide a certain number of signed products to Black Clover.
Snow said Fredette fulfilled all of his contractual obligations.
Wayment declined to go into details regarding the Fredette lawsuit but said as a company it honors all of its contracts and obligations and intends to make this one a "win-win" situation.
"We like Jimmer and his family ... and want to keep the relationship healthy," Wayment said.
Asked about the relatively small amount involved in the lawsuit considering Fredette's multimillion-dollar NBA contract, Wayment said simply it goes both ways and that he is not in the business of pointing fingers.
Fredette was not immediately available for comment.