Penn State alumnus sues Big Ten Network.

http://www.collegian.psu.edu/archive/2008/03/17/penn_state_alumnus_sues_big_te.aspx From the Daily Collegian:

By Lauren Boyer (lmb5122@psu.edu)
Collegian Staff Writer

Many years after donning the Nittany Lion costume, former Penn State wrestler Robert Welsh is suing the same athletic conference in which his alma mater participates.

Welsh is saying that the Big Ten Network, which debuted Aug. 30, stole his idea, according to a lawsuit filed in district court March 5.

"He's not very happy about the fact that he's been taken advantage of," said Bob Cummins, Welsh's lawyer.

The Big Ten Network is a television channel dedicated solely to event equality, giving fair broadcast time to various Big Ten collegiate sports as well as other campus programming from the conference's 11 schools, according to its Web site.

A representative from the Big Ten Network could not be reached by press time for comment on the pending suit.

According to the lawsuit, Welsh, Class of 1975, said in the spring of 1997, he joined a business venture to enhance the profitability of Big Ten athletics. At the Big Ten Conference in 1998, court documents say Welsh, an Illinois real estate investor and entrepreneur, was invited to a meeting of Big Ten athletic directors, where he presented his idea, trademarked "Big Ten Network," a "comprehensive television coverage specifically including coverage of typically non-revenue-producing women's and men's athletic events."

It is because of Welsh's wrestling past that he also proposed a new company called "Big Ten Development," which would "take over the promotions and sponsorship of these sports and bring them some appropriate recognition," Cummins said.

"After the meeting, [officials] told [Welsh] they weren't interested in doing the project," Cummins said. "Years later it popped up as the Big Ten Network."

According to court documents, Welsh's "Confidential Business Plan" was supposed to be "held in strict confidence and in trust for the sole and exclusive benefit of Robert Welsh," and that "the Big Ten Conference knew ... that it had agreed to keep confidential Welsh's detailed proposal."

Cummins said he had numerous conversations with Big Ten Network officials but that an out-of-court settlement could not be reached. Mike Vest, Big Ten Network spokesman, could not be reached for comment by press time yesterday.

"We weren't sure they were taking us seriously enough," Cummins said. "But if you read [Welsh's] proposal and look at the Big Ten Network, you'd say, 'hmm ... very interesting.' "

According to court documents, Welsh is requesting that the Big Ten reimburse him for legal fees and "account for all proceeds and profits flowing from the misappropriation, conversion and false and fraudulent registration of Welsh's trademark assets and valuable property rights."

"Welsh has suffered severe economic losses including the loss of the many millions of dollars of revenue that the Big Ten defendants have wrongfully obtained," according to court documents.

Cummins said he couldn't request a specific amount because the "profitability of the network is hard to judge."

"The Big Ten Conference has promised the schools $10 million each," Cummins said, "so we know there's a lot of money on the table."

Cummins added that Welsh had discussed his lawsuit with Tim Curley, Penn State's athletic director, and Penn State President Graham Spanier. Curley and Spanier could not be reached by press time yesterday.

Despite Welsh's "pending lawsuit," on which he refused to comment, he said he holds no grudge toward Penn State.

"[Welsh] just wants this resolved," Cummins said. "As we say, the ball is in their court."