New England Patriots quarterback Tom Brady is suing Yahoo alleging that the Web portal used his likeness in ads touting its fantasy football service without his permission.

The suit, filed in U.S. District Court in California by TEB Capital Management, alleges that Yahoo ran a full-page ad in the Sept. 4, 2006 “NFL Preview” edition of Sports Illustrated prominently featuring Brady’s image and jersey number without permission.

At the same time, the company ran banner ads on its Yahoo Sports Web pages also featuring Brady’s likeness without his permission, the suit alleges. Moreover, according to Brady, Yahoo knew it didn’t have permission to use his likeness.

Yahoo’s alleged use of Brady’s image is likely to confuse consumers into thinking the three-time Super Bowl champion somehow endorses or is affiliated with Yahoo’s fantasy football service, according to the suit.

Fantasy football is a $4 billion industry with over 8 million consumers, according to the complaint. Yahoo’s fantasy football service allegedly generates 800 million page views per month during football season.

The suit calls for preliminary and permanent injunctions on Yahoo’s alleged unauthorized use of his likeness and seeks unspecified restitution, punitive damages and attorneys fees.

Yahoo declined comment.

New England Patriots quarterback Tom Brady is suing Yahoo alleging that the Web portal used his likeness in ads touting its fantasy football service without his permission.
The suit, filed in U.S. District Court in California by TEB Capital Management, alleges that Yahoo ran a full-page ad in the Sept. 4, 2006