BIG3 Basketball NFT Ownership Model Faces Legal Challenges Amid Promises and Reality

By Patricia Miller

3 min read

Investors allege BIG3's NFT ownership model misled buyers on promised benefits and revenue sharing.

#What led to the allegations against BIG3's NFT ownership model?

The BIG3 basketball league introduced a unique selling point in 2022 when it marketed NFTs that promised fractional ownership of professional basketball teams. Buyers of these digital tokens were led to believe they would gain multiple benefits. These included voting rights, VIP access to events, and a share of the profits from future franchise sales, all for a price tag comparable to an older vehicle.

However, two investors, Lou and Sally Sheward, have launched a lawsuit against BIG3 in California, claiming that the alleged ownership benefits never materialized as promised. They contend that the league engaged in deceptive marketing practices to promote these tokens.

#What are the financial claims in the lawsuit?

The lawsuit claims BIG3 sold four franchises for about $40 million, raising important questions about the promised income for NFT holders. Fire-tier NFT holders were supposed to receive 40% of the proceeds from these sales, yet the Shewards allege those payments were never distributed.

The lawsuit further alleges that BIG3 found a workaround to avoid fulfilling these promises by changing team names and halting original operations; for example, if NFT holders were entitled to a share of profits from a team, renaming that team could theoretically absolve the league of its financial obligations.

#What were the specifics of the BIG3 NFTs offered?

BIG3 launched its Ownership NFTs with two pricing tiers in May 2022. The Fire-tier tokens were priced at $25,000 each and came with the highest-level benefits, including IP licensing rights, while the Gold-tier tokens were available at $5,000, providing limited perks like merchandise benefits and voting rights. High-profile individuals such as Snoop Dogg and Gary Vaynerchuk were among those who purchased Fire-tier NFTs, intrigued by the prospect of owning a piece of a professional sports franchise.

#How is BIG3 responding to the lawsuit?

BIG3 is not remaining silent amid these allegations. The league is contesting the lawsuit and has sought to compel individual arbitration instead of allowing a class-action lawsuit. An arbitration clause exists within their terms of sale, and the motion regarding this is scheduled for a hearing on August 24, 2026, which may significantly influence the legal landscape surrounding NFTs in sports.

#What implications does the SPAC deal have?

Additionally, BIG3 is navigating a merger with Graf Global Corp via a SPAC deal, valuing the joint entity at $290 million, set to close in Q4 2026. This juxtaposition of a potentially high valuation with ongoing litigation brings further intrigue to the situation. If Fire-tier NFT holders were entitled to a 40% share of the alleged $16 million owed from franchise sales, the financial impact could be profound for those who invested in the NFTs.

#How does this relate to the future of NFT ownership models?

The marketing of these NFTs highlighted specific economic rights alongside governance privileges and revenue-sharing agreements. This situation presents a critical examination of how NFT ownership models are structured, as the embedded arbitration clause complicates buyers' ability to pursue collective legal action. Should BIG3 manage to enforce individual arbitration, it may set a precedent for other NFT and cryptocurrency projects to mitigate legal risks from dissatisfied token holders.

Overall, these unfolding events raise essential questions about the future of NFT investments and their legal implications in the ever-evolving sports and entertainment landscape.

Important Notice And Disclaimer

This article does not provide any financial advice and is not a recommendation to deal in any securities or product. Investments may fall in value and an investor may lose some or all of their investment. Past performance is not an indicator of future performance.