Protecting Your Business Rights

 Is Your Sports Breaks Business Being Threatened?

If TikTok® has unfairly suspended your account and you've been pressured into an exclusive deal with Fanatics®, you may have a claim. This pattern raises serious legal concerns about unfair, coercive, or exclusionary business practices that could violate competition and antitrust laws.

Banner Legal is actively monitoring and litigating these developments. Contact us immediately for a confidential discussion of your rights.

The Baseless Bans

Many breakers report sudden TikTok® seller account suspensions. These suspensions often cite trademark infringement over the resale of items like autographed or custom-painted helmets allegedly bearing NFL® logos. From the breaker's perspective, these claims often ignore established legal rights, such as:

• First Sale Doctrine: You can resell a genuine, lawfully purchased item, even with a trademarked logo, without permission.
  
• Fair Use: This doctrine may protect certain commentary or modifications.
  

Despite legal appeals, many accounts remain suspended, with the enforcement process appearing opaque and unresponsive.

The situation intensifies when a TikTok® seller representative reportedly contacts suspended breakers, asking if they will sign an exclusive agreement to purchase NFL® licensed merchandise only through Fanatics®. The message is clear:  "We'll restore your account, but only if you use Fanatics®." This dynamic suggests TikTok® may be using its enforcement power as leverage to steer breakers toward Fanatics®. This "take-it-or-leave-it" posture raises critical antitrust and unfair competition concerns.

Fanatics® is already the subject of significant litigation alleging anticompetitive and monopolistic behavior.

• Antitrust Lawsuit (Panini v. Fanatics®): Panini America is pursuing claims that Fanatics engaged in exclusionary behavior through long-term exclusive licensing deals. Core antitrust counts in this case were allowed to survive dismissal in March 2025.
  
• Class Actions (Scaturo & Jones v. Fanatics®): Multiple class actions filed in 2025 accuse Fanatics®, the NFL®, NBA®, and MLB® of conspiring to monopolize the market. These suits argue the collectible ecosystem is being rigged to favor Fanatics® over independent breakers and shops.
  

The NFL® (and other leagues/unions) hold a substantial equity stake in Fanatics®. The NFL® was the "single largest investor" in a $1.5 billion funding round in 2022. This dual role, as both a regulator (licensing) and a stakeholder, creates a conflict of interest, intensifying the risk that enforcement decisions could unfairly favor Fanatics®.

If your business has been unfairly excluded or coerced, you may have claims for unfair competition, antitrust, economic damages, or tort claims.