A Green Bay business owner alleges that two major organizations have unlawfully prevented independent competition in the market for lottery tickets and sports memorabilia featuring professional football teams, while also using his copyrighted creative works without permission. The complaint was filed by Calvin McMillan in the United States District Court for the Eastern District of Wisconsin on April 8, 2026, naming the National Football League (NFL) and the Wisconsin Department of Revenue (Wisconsin DOR) as defendants.
According to court documents, McMillan brings this action under Section 2 of the Sherman Act, 15 U.S.C. § 2, asserting that both defendants engaged in unlawful monopolization and conspiracy to monopolize a substantial national market. The plaintiff also raises supplemental claims for copyright infringement under 17 U.S.C. § 501, stating that his original musical compositions were used commercially without authorization or compensation.
The complaint outlines that McMillan is a business person and entertainer residing in Green Bay who has created original musical works related to professional football. He sought to compete in what he describes as a multi-state market for lottery tickets and sports memorabilia featuring professional football teams and players. McMillan alleges that both defendants possess monopoly power: the NFL through exclusive control over team names, logos, trademarks, and player likenesses; and Wisconsin DOR through its statutory authority over state lottery operations.
McMillan claims that beginning approximately one to three years ago, the NFL and Wisconsin DOR entered into an agreement to restrict licensing rights only to entities approved by both parties. This arrangement allegedly excluded independent competitors such as himself from selling lottery tickets or memorabilia with professional football content. “Plaintiff discovered the existence of this anticompetitive agreement in or around September 2024,” according to the filing.
The complaint details how McMillan attempted to enter this market by seeking licensing rights from both defendants but was refused opportunities due to what he calls their coordinated refusal to deal with him. He asserts that this exclusion was not based on legitimate business reasons but rather an effort by both organizations to maintain monopoly power. As evidence, McMillan points to parallel refusals by both entities, communications between them regarding licensing decisions, and testimony from industry participants who reportedly confirmed coordination between the NFL and Wisconsin DOR.
In addition to antitrust allegations, McMillan accuses both defendants of copyright infringement relating to his original songs “Pack Attack” and “Go Pack Go.” He states these works were used without his consent in marketing materials for lottery tickets and memorabilia products celebrating professional football teams. The complaint alleges: “Defendants reproduced, distributed, and publicly displayed Plaintiff’s copyrighted works ‘Pack Attack’ and ‘Go Pack Go’ in lottery ticket marketing materials, memorabilia products, and commercial advertisements.” McMillan further contends that this unauthorized use diminished his ability to license these works elsewhere.
The plaintiff argues that these actions caused significant harm not only through lost profits but also reputational damage affecting his nightclub business as well as employment opportunities as an entertainer. He attributes losses in credit relationships and alleged defamation within industry circles directly or indirectly to being excluded from these markets.
As remedies, McMillan seeks a permanent injunction prohibiting further anticompetitive conduct or unauthorized use of his copyrighted material by either defendant. He requests monetary damages totaling nine million dollars ($9,000,000), which he asserts should be trebled under federal law for a total award of twenty-seven million dollars ($27,000,000). Additional requests include attorney’s fees (if applicable), pre-judgment interest, post-judgment interest as allowed by law, costs of suit, and any other relief deemed appropriate by the court.
Calvin McMillan is representing himself pro se in this matter. The case is identified as Case No. 1:26-cv-00594-BBC.
Source: 126cv00594_McMillan_v_National_Football_League_Complaint_Eastern_District_Wisconsin.pdf
