Ohtani and his agent seek to dismiss image rights lawsuit in Hawaii

Shohei Ohtani and His Agent Seek to Dismiss Lawsuit in Hawaii

Los Angeles Dodgers star Shohei Ohtani, along with his agent, Nez Balelo, have requested the dismissal of a lawsuit filed last month. This accusation involves an investor and real estate broker from Hawaii, who claims to have been fired from a luxury housing development project valued at $240 million on the coast of Hapuna, on the Big Island. The lawsuit, filed on August 8 in the Hawaii Circuit Court for the First Circuit, was brought by developer Kevin J. Hayes Sr. and real estate broker Tomoko Matsumoto, along with West Point Investment Corp. and Hapuna Estates Property Owners. They accused Ohtani and Balelo of “abuse of power,” which allegedly resulted in unlawful interference and unjust enrichment. Hayes and Matsumoto were removed from the development agreement by Kingsbarn Realty Capital, the majority owner of the joint venture. In documents filed on Sunday, Ohtani and Balelo’s lawyers stated that Hayes and Matsumoto acquired in 2023 the rights to a joint venture, in which they held a minority stake, to use Ohtani’s name, image, and likeness under a sponsorship agreement. The goal was to market the joint venture’s real estate development at the Mauna Kea Resort. The lawyers argued that Ohtani was a “victim of NIL violations”.

“Without the knowledge of Ohtani and his agent Nez Balelo, the plaintiffs exploited Ohtani’s name and photograph to generate traffic on a website that promoted their own parallel development project,” the lawyers wrote. “They participated in this self-promotion without authorization and without paying Ohtani for that use, in a selfish and incorrect effort to take advantage of their proximity to the most famous baseball player in the world.”

Ohtani and Balelo’s Lawyers

The lawyers claimed that Hayes and Matsumoto sued after “Balelo did his job and protected his client by expressing a justifiable concern about this misuse and threatening to take legal action against this clear misappropriation.” They called Balelo’s actions “clearly protected speech.” In a statement issued after the filing of the lawsuit last month, Kingsbarn called the allegations “completely frivolous and without merit”. Ohtani, three-time MVP, plays for the current World Series champions, the Los Angeles Dodgers. “Nez Balelo has always prioritized Shohei Ohtani’s best interests, including protecting his name, image, and likeness against unauthorized use,” stated a lawyer for Ohtani and Balelo. “This frivolous lawsuit is a desperate attempt by the plaintiffs to distract from their countless failures and the blatant misappropriation of Mr. Ohtani’s rights.” Hayes and Matsumoto’s lawyers did not immediately respond to a request for comment.