TLDR
- A banned Florida memorabilia seller says a TikTok representative told it a Fanatics exclusivity deal was the “only way” back on the platform.
- The Fanatics contract the seller received says Fanatics makes “no representation” about TikTok’s actions.
- The agreement required no purchases, but a Fanatics distributor quoted a minimum order of about $48,600.
- Fanatics calls the antitrust lawsuit meritless and says it does not force anyone to do business with it.
- The seller’s own exhibits show its ban came before the exclusivity offer, which conflicts with part of its complaint.
A Florida sports memorabilia seller says a TikTok account representative told it that signing an exclusivity deal with Fanatics was the only way to get its banned account back.
The claim appears in messages filed as exhibits in a federal antitrust lawsuit in Los Angeles. Fanatics calls the suit meritless.
Bigfoot Sports Breaks LLC, based in Largo, Florida, filed the case Sept. 17 in the U.S. District Court for the Central District of California. It names TikTok Inc., TikTok USDS Joint Venture LLC, ByteDance Inc. and five Fanatics entities.
What the TikTok Messages Say
Bigfoot says it sold autographed NFL helmets on TikTok livestreams until TikTok permanently banned its account on Sept. 18, 2025. The ban notice cited “multiple IP Policy violations” and trademark strikes claimed by the NFL.
In messages dated Sept. 22, 2025, on Lark, a ByteDance workplace app, the representative said the ban was “coming from the IP owner.”
Later, the representative asked: “Are you willing to sign over exclusivity to licensed product through fanatics?” When Bigfoot principal Brian Gualdiero asked if that was “the only way to get unbanned,” the reply was “correct.”
The representative then connected Gualdiero with Relics Ventures, which called itself “Fanatics’ Under Wraps distributor for Tiktok.” A Relics representative wrote that TikTok “sends people in your situation over to us.”
Relics priced a full-size helmet at $675, with a minimum order of 72 units, or $48,600. Bigfoot says it refused to sign and its channel remains banned.
What the Contract and Filings Show
The Fanatics agreement Bigfoot received says the seller “shall not be required to purchase any Memorabilia from Fanatics.” Its exclusivity applies only to licensors the seller chooses to buy through Fanatics.
The contract also makes “no representation” about “the actions of the Platform,” including whether TikTok would approve the seller.
None of the exhibits is a TikTok policy or notice requiring a Fanatics deal. The screenshots also do not independently confirm the representative worked for TikTok. TikTok did not respond to requests for comment.
A Fanatics spokesperson said Bigfoot was removed over NFL intellectual property issues and never signed an agreement. “Fanatics does not force anyone to do business with us,” the spokesperson said.
Bigfoot’s own exhibits conflict with parts of its complaint. They show the ban came before the exclusivity offer, while the complaint says the account was banned after Bigfoot refused Fanatics’ demands.
The complaint also credits the $49,000 figure to Relics, but the texts show Gualdiero used it. Bigfoot’s lawyers at eJustice LLP did not respond to questions.
The suit brings 11 counts, including antitrust claims. It seeks tripled damages, reinstatement and a ruling that the exclusivity contract is void.
Bigfoot is the fifth seller to sue TikTok in the same court since October 2025. Attorney Jeremy C. Shafer filed all five suits, and the earlier cases make similar claims.
Judge Josephine L. Staton took over the Bigfoot case Oct. 13 under rules for related cases. As of Oct. 21, no defendant had filed a response, and no proof of service appeared on the docket.
