Bigfoot Sports Breaks Suit Alleges TikTok Rep Linked Reinstatement to Fanatics Exclusivity Agreement

A Florida-based memorabilia seller has sued TikTok, ByteDance and multiple Fanatics entities, claiming a TikTok account representative conditioned lifting a permanent ban on signing an exclusivity deal with Fanatics. The suit, filed Sept. 17 in the U.S. District Court for the Central District of California, includes messages and contract exhibits that tie reinstatement talks directly to Fanatics but stop short of proving an official platform policy, according to reporting by Gambling Insider.

Brian Gualdiero, principal of Bigfoot Sports Breaks LLC, operated a TikTok Shop account selling autographed NFL helmets in break format until the platform issued a permanent ban on Sept. 18, 2025. The ban notice cited multiple IP Policy violations and trademark strikes claimed by the NFL. Messages exchanged on Sept. 22, 2025 via Lark, ByteDance’s workplace app, show the representative confirming the ban stemmed from the IP owner and agreeing that signing exclusivity to licensed product through Fanatics was the “only way to get unbanned.” The representative referred Gualdiero to Relics Ventures, Fanatics’ Under Wraps distributor for TikTok.

Contract Terms and Chronological Conflicts

The Fanatics Memorabilia Seller Agreement attached to the referral makes “no representation” regarding the actions of TikTok, including whether the platform would approve the seller for licensed memorabilia sales. It imposes exclusivity solely on sports-licensed items purchased through Fanatics, states the seller “shall not be required to purchase any Memorabilia from Fanatics,” and runs for one year with automatic renewal. Fanatics can terminate without cause at any time.

Fanatics responded that the suit is meritless, noting Bigfoot never signed the agreement and was removed over NFL intellectual property issues. The company’s exhibits show the ban preceded the exclusivity discussion, contradicting parts of the complaint that claim the ban occurred after refusal. Four earlier suits filed by the same lawyer in the same court make similar allegations of TikTok directing banned breakers toward Fanatics. As of Oct. 21, no responses from defendants had been filed.

What the Record Leaves Unresolved

The messages establish what the representative told Gualdiero, yet no TikTok policy document or Fanatics communication makes reinstatement formally conditional on the deal. Relics described Fanatics backing as “usually enough” and “the fastest way,” language that falls short of the representative’s “only way” statement. Bigfoot seeks antitrust damages to be proven at trial, reinstatement, and an order voiding the exclusivity clause as against public policy.

The consolidated cases before Judge Josephine L. Staton will test whether representative-level referrals amount to coordinated steering. Platforms and distributors in licensed-product commerce should treat such disputes as signals to document referral practices and avoid ambiguity that invites antitrust claims.

Reporting: Gambling Insider

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