Reggie Bush sues NCAA, USC and Pac-12 over the use of his name, image

LOS ANGELES (CN) — Former University of Southern California running back Reggie Bush Monday sued the university, the National Collegiate Athletics Association and the Pacific 12 Conference to get paid for the use of his name, image and likeness.

Bush said in a complaint filed in Los Angeles County Superior Court that he’s entitled to treble the amount of the actual damages he incurred through the violations of California’s antitrust law.

“Reggie Bush received all the accolades a college football athlete could receive during his three years playing football at USC,” he argues in his complaint. “And while Bush received the accolades, defendants, NCAA, USC, and the Pac-12 Conference received all the money. Millions upon millions of dollars of money, all derived directly from Reggie Bush’s name, image and likeness.”

The 39-year-old former Trojan claims that he should have the sole right to benefit from and to restrict the commercial use of his public personality. Yet, he says, the NCAA, USC, and the Pac-12 to this date engage in an “overarching conspiracy” to not pay him for use of his name, image, and likeness.

The University of Southern California and the Pac-12 made a windfall in the wake of his successful college football career, Bush says, negotiating a $56.7 million increase in their television contracts. The NCAA, meanwhile, was making money off its licensing deal with Electronic Arts, which put Bush on the cover of its NCAA Football 07 and doubled its annual sales of the video game, according to Bush.

When he declared for the National Football League, Bush says, USC made $30 million from selling replica jerseys with his name and number.

While he was playing for USC, Bush had to sign away his rights to his name, image and likeness.

That, Bush now says, was a conspiracy to restrain trade or commerce in the relevant market to artificially fix the price paid to him to zero for the use and sale of his name, image, or likeness in violation of the Cartwright Act.

“Defendants total abridgment of compensation rights for plaintiff during his playing days at USC, and currently, are not connected to any legitimate non-commercial goal,” Bush claims. “Defendants’ actions are solely to enhance revenue for themselves and their for-profit business partners by, for example, being able to take all the revenue related to the commercial use of plaintiff’s name, image, and likeness for themselves.”

The Pac-12 declined to comment, and representatives of the NCAA didn’t immediately respond to requests for comment on the lawsuit.

“Reggie will always be a revered member of the Trojan Family, and we were very pleased to support his successful efforts to recover his Heisman Trophy," USC said in a statement. “We have not received a copy of the lawsuit so we are unable to address its allegations.”

Last year, Bush took the NCAA to court for defamation over a statement made by the college sports’ governing body about the reasoning for its decision not to restore the Heisman Trophy winner’s records.

The statement issued in July 2021 described the star’s playing career at USC as a “pay-for-play” arrangement. The NCAA used the phrase while detailing why it wouldn’t restore the records of Bush’s playing career, which the Heisman Trust has cited as the next step in returning Bush’s trophy.

However, earlier this year ESPN reported that Bush was getting his 2005 Heisman Trophy back, amid what the Heisman Trust called “enormous changes in the college football landscape.”

He had forfeited the trophy in 2010 in the wake of NCAA sanctions against USC, which related to, among other violations, Bush receiving improper benefits during his Trojans career that spanned from 2003 to 2005.

Bush’s new lawsuit includes claims for violations of the Cartwright Act, violations of California’s Unfair Practices act, and unjust enrichment. He seeks unspecified treble damages and an injunction against the USC, the NCAA and the Pac-12.

Bush is represented by Evan Selik and Christine Zaouk of McCathern LLP in Santa Monica, California.

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