Frank Thomas sues White Sox, Nike and Fanatics over jersey sales
Once scolded to “stay out of White Sox business,” Hall of Famer Frank Thomas now is suing the team for allegedly cutting him out of it.
The greatest hitter in Sox history argues the team is profiting off his name and likeness on a new line of jerseys without compensation or his consent, according to a lawsuit filed by Thomas last week in Cook County Circuit Court.
He’s disputing the use of his name and iconic No. 35 on the red-and-black “City Connect 2.0” jerseys that were unveiled last spring by the team in partnership with Nike and Fanatics Inc., which also are listed as defendants in the suit.
The team and companies “were unjustly enriched through substantial commercial benefits,” according to Thomas, who never agreed to the use and “has received no compensation or other consideration,” his suit says.
That “violates fundamental principles of justice, equity, good conscience, and fair play,” according to the suit penned by attorney Thomas Demetrio.
They accuse the Sox, Nike and Fanatics of violating Illinois’ Right of Publicity Act, which recognizes “the right to control and to choose whether and how to use an individual's identity for commercial purposes.”
The two-time American League MVP is seeking more than $50,000, plus legal fees and punitive damages.
Sox spokesman Scott Reifert noted the team doesn’t comment on active litigation. A Nike spokesperson declined to comment. Fanatics didn’t respond to a request for comment.
The jerseys with his name and others remain on sale for $175 each. The Bulls-style crossover alternates were a quick hit with fans last season.
It’s just the latest sore spot between the “Big Hurt” and the team whose record book he tops in home runs (448), on-base percentage (.427), slugging percentage (.568), doubles (447) and runs scored (1,327).
Thomas helped the Sox sell hundreds of thousands of jerseys, merchandise and tickets over his 16 years on the South Side, which ended in a war of words between the slugger and ex-general manager Ken Williams in 2006.
“He better stay out of White Sox business,” Williams famously said of a “whining” Thomas, who also sued the Sox that year, alleging team doctors misdiagnosed a fractured bone in his foot as a bruise and cleared him to play. They settled the medical-negligence suit in 2011.
Fences were mended enough for Thomas to appear at the 10th-anniversary celebration for the ‘05 champs, but he wasn’t at the 20-year reunion.
The rocky relationship hit another bump in February when a Black History Month post from the Sox’ social media team left him off a timeline of trailblazing moments for Black players across team history.
“I guess the black player who made you rich over there and holds all your records is forgettable!” Thomas replied. “Don’t worry I’m taking Receipts!”
Thomas, who last appeared at Rate Field to throw out a ceremonial first pitch in 2024, was honored in subsequent Sox posts that month.
A hearing on his suit is scheduled for May.