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Jimmer Fredette sues Utah clothing company

Published: Wednesday, April 3 2013 12:35 p.m. MDT

BYU coach Dave Rose hugs guard Jimmer Fredette after BYU defeated Gonzaga on March 19, 2011, in the third round of the NCAA Tournament in Denver. Fredette, now with the Sacramento Kings, is suing Utah-based clothing company Black Clover Enterprises for allegedly failing to pay him and using his name and likeness for profit.

Scott G. Winterton, Deseret News

SALT LAKE CITY — Former BYU standout and Sacramento Kings guard Jimmer Fredette is suing a Utah-based clothing company for allegedly failing to pay him and using his name and likeness for profit. 

In the breach of contract complaint filed Monday in 3rd District Court, Fredette claims that Black Clover Enterprises approached him and asked to use his name and image to promote its "lifestyle apparel."

In March 2012, Fredette entered into an endorsement agreement with Black Clover, which would allow the company to use his name and likeness on a variety of products.

Fredette agreed he would wear the apparel at media events when possible, sign merchandise and make himself available for an "appearance day," the complaint states.  In exchange, he would receive $50,000 a year and royalties up to 10 percent of the company's revenue on endorsed products. 

The royalties were to be paid twice a year throughout the term of the contract, the complaint states. Fredette and his agent were also to receive $500 in wholesale value of the company's products. In case of termination of the contract, the company agreed to pay Fredette $50,000 and any royalties earned, the complaint states. 

But Fredette alleges breach of contract and breach of good faith and fair dealing in regard to both the agreed-upon service fees and royalties, as well as abuse of identity and unjust enrichment against Black Clover in the complaint. 

"(Fredette) fully performed his obligations under the agreement," the complaint states. "(Black Clover) has failed to perform its express contractual obligations as set forth in the agreement." 

Specifically, Fredette claims the company never paid him the $50,000 or any royalties. The complaint also states that the company did not provide Fredette with an account of their revenues, which prohibited him from monitoring the revenues and royalties owed. 

Fredette alleges that the company continued to use his image and name despite never having paid him and did so to its own enrichment and benefit. 

"(Black Clover) used (Fredette's) likeness and identify on a variety of … products and in various advertisements for its products," the complaint states. "This benefit was valuable to (Black Clover) because of (Fredette's) popularity in Utah and throughout the country, and (Black Clover) knew this benefit was valuable."

Fredette is asking for a jury trial to award damages, attorney fees, restitution for what the company has gained using his image, and any other damages to be determined at trial.

A message left at Black Clover Enterprises in Draper was not immediately returned Wednesday. 

E-mail: emorgan@deseretnews.com, Twitter: DNewsCrimeTeam

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