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.
Thomas, 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 he filed 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 the Sox unveiled last spring in partnership with Nike and Fanatics Inc., which also are listed as defendants.
The Sox 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 filed by attorney Thomas Demetrio.
Images included in the lawsuit of Frank Thomas jerseys for sale, allegedly without the player’s consent.
The suit accuses 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.’’
Thomas, a two-time American League MVP, is seeking more than $50,000, plus legal fees and punitive damages.
Team spokesman Scott Reifert said the Sox don’t comment on active litigation. A Nike spokesperson declined to comment. Fanatics didn’t respond to a request for comment.
The jerseys with Thomas’ name and others remain on sale for $175 each. The Bulls-style crossover alternates were a quick hit with fans last season.
It’s only the latest sore spot between the ‘‘Big Hurt’’ and the Sox, 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 in his 16 seasons on the South Side, which ended in a war of words between him 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. (The parties settled the medical-negligence suit in 2011.)
Fences were mended enough for Thomas to appear at the 10th-anniversary celebration for the 2005 World Series champions, 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 franchise 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 later Sox posts that month.
A hearing on his suit is scheduled for May.



