Michael Jordan has sued two national store chains and one case was dismissed in a Chicago federal court that cited free speech as a defense.
Michael Jordan was inducted into the Naismith Pro Basketball Hall of Fame in 2009 and got congratulations from near and far.
As is customary in these cases, a congratulatory magazine supplement was produced and published with ads purchased by commercial businesses.
In this case it was a supplement to a Sports Illustrated edition and Jewel-Osco participated in placing an ad among the many pages.
Jordan accused Jewel-Osco of commercializing his name and image when it included a shot of basketball shoes with the number "23" on them, Jordan's jersey number with the Chicago Bulls.
The image of the shoes was just below the chain's message: "Jewel-Osco salutes #23 on his many accomplishments as we honor a fellow Chicagoan who was 'just around the corner' for so many years."
What sparked the legal controversy was the inclusion of Jewel-Osco's logo and its slogan "Good things are just around the corner," reported the Chicago Tribune.
In dismissing the case U.S. District Judge Gary Feinerman said that the evidence presented by Jordan's legal team did not rise to the level necessary to demonstrate that the chain's ad page promoted its own business or implied an endorsement relationship with Jordan.
Feinerman also said that that the ad was more akin to a point of view or opinion which comes under the protection of the First Amendment to the U.S. Constitution.
The judge cited Jewel-Osco's argument that the retailer could not have been implying an endorsement because a competing chain store purchased a similar page in the same supplement. An AP story carried by the Daily Chronicle quoted the judge's decision in part: Michael Jordan “...does not play on two or more sides of the same fence, commercially speaking."
While rendering his opinion, the judge did allow for Jordan to take the case further by presenting briefs before him about whether the words protected under the First Amendment can be the subject for a damages claim.
Much of Jordan's wealth has been earned via endorsements and corporate spokesman roles. He along with other highly marketable sports figures and celebrities are careful to enforce their rights against an unauthorized use of their name, face and logos.
The decision drew comments from the legal community. Apparently judges are generally more favorable to the celebrity claiming the rights and some fear that if upheld the decision may give rise to ways to skirt the current protection of commercial endorsement rights.
Image credit: Wikimedia Commons
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