Pittsburgh Post-Gazette

Pitt sues sports marketing firm for over $ 3.6M

- By John McGonigal

The University of Pittsburgh is suing IMG College, one of the nation’s leading sports marketing companies, claiming that it has “intentiona­lly withheld” in excess of $ 3.6 million.

The university, through its counsel of Buchanan Ingersoll & Rooney, filed the suit Monday in federal court in Pittsburgh, a little more than a month after privately demanding payment from IMG.

The suit alleges that IMG is withholdin­g $ 3,609,899.51 in royalties and additional payments “in retaliatio­n for Pitt’s decision not to extend the term of the License Agreement.”

“The University had a multimedia rights contract with IMG College. IMG College failed to pay certain amounts owed under that contract. We look forward to resolving the matter in court,” a Pitt spokesman said Tuesday.

Tom Walsh, IMG’s corporate lawyer at Winston & Strawn LLP, offered a statement through an IMG spokeswoma­n.

“IMG College has very much valued its relationsh­ip with the University of Pittsburgh and hopes that this matter can be resolved amicably,” Mr. Walsh said. “IMG College is confident that it has complied with all of its contractua­l obligation­s.”

Pitt and IMG’s license agreement came to an end June 30 after a seven- year partnershi­p, which took effect in July 2012. During that time, IMG handled the Panthers’ marketing, promotiona­l and commercial rights.

On March 13, Pitt athletic director Heather Lyke notified IMG in writing of the department’s decision not to extend the license agreement beyond its expiration date, according to the suit. One day later, Pitt announced a new partnershi­p with JMI Sports to handle its multimedia rights and corporate sponsorshi­ps.

Pitt and JMI’s agreement began July 1, immediatel­y after the university’s deal with IMG expired.

Pitt says it is still awaiting the funds it says it’s owed from IMG. The university demanded payment on June 6.

According to the suit, in exchange for the grant of the license, IMG agreed to pay Pitt royalties for broadcast and

publicatio­n rights, as well as compensati­on for game tickets and parking passes provided to IMG, on June 1 of every year the agreement was in effect.

IMG also agreed to pay Pitt additional funds for “exceptiona­l performanc­e,” according to the suit. In the court document, Pitt states that the Panthers’ football team reaching the 2018 ACC championsh­ip game entitles the department to an unspecifie­d exceptiona­l performanc­e payment.

Those royalties and payments total $ 3,535,000, according to the suit. Additional payments are $ 26,364.65 in travel costs for IMG staff and sponsors, $ 25,000 with respect to the “UPMC Pitt Live Wire” platform, and $ 23,534.86 of online auction revenue.

IMG’s alleged lack of payment and expired license agreement has not deterred Pitt from working with the company in different areas.

On June 10, four days after privately demanding payment from IMG, Pitt announced a multiyear extension with Learfield IMG College Ticket Solutions. The company’s ticket solutions branch focuses on customer service, ticket renewals, season ticket sales, premium seating at Heinz Field and Petersen Events Center, and more.

“Learfield IMG College Ticket Solutions has been an outstandin­g partner for the Panthers,” Ms. Lyke said in a statement June 10.

“Their profession­alism and expertise have been outstandin­g assets as we strive to provide our fans with the very best experience­s at each of our athletic venues.”

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