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Thursday 13 August 2015

Sport: Jordan's $6.4m suit begins


Michael Jordan leaving the courthouse in Chicago on Wednesday

Michael Jordan: Basketball legend brings $10m lawsuit over misuse of image rights by supermarket chain in 2009

The former Chicago Bulls ace has meticulously guarded his image since retiring from the sport in 2003

Only two customers ever bothered to redeem the $2 coupons for Rancher’s Reserve Steak from Dominick’s, a now defunct grocery chain in Chicago. Michael Jordan probably wasn’t one of them.

Still, the one-time Chicago Bulls basketball demi-God and first “billion dollar athlete” was displeased by the store’s promotion in a limited-edition issue of Sports Illustrated magazine commemorating his elevation to the basketball hall of fame six years ago. So displeased, in fact, that he decide to sue.

Safeway, the conglomerate that owned Dominick’s, accepted free advertising space in the Sports Illustrated special. Its crime? Congratulating Jordan, using his name, number (23), and declaring: “You are a cut above.” Jordan, or “His Airness”, who led the city’s Bulls to six championships with a ill-fated break to play professional baseball in the middle, was in a Chicago court as part of a $10m (£6.4m) lawsuit over Dominick’s promotion.

Michael Jordan’s name was misused in these 2009 adverts

A federal jury is this week due to answer the question: how much should Safeway, Dominick’s owner, pay for the ill-fated promotion? Sitting through five hours of jury selection in District Judge John Blakey’s court appeared to interest Jordan little on Tuesday. Only one potential juror raised a hand when asked whether they considered Jordan an “idol or personal hero”. The Chicago Tribunereported that one mother, a 31-year-old from Evanston, Illinois, told Jordan: “I’m not a basketball fan, sorry.”

However, many in Chicago and America still view Jordan, now a 53-year-old who spends much of his time on the golf course, as a hero. So many, in fact, that Jordan has earned far more in retirement than he did at the pinnacle of his basketball career.
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Since retirement, Jordan has meticulously guarded his image. Increasingly litigious, the latest suit is viewed as an attempt to thwart companies that employ praise to slip references to him into their advertising. Opening statements are due in the case, which is viewed as a test of the market value of Jordan’s identity.

Michael Jordan is widely considered to be the greatest basketball player of all time (Getty)

US District Judge Milton Shadur ruled in 2012 that Safeway violated the Illinois Right of Publicity Act. Jordan himself is expected to testify about why he so carefully controls his brand this week.

But questions are also expected to arise about Jordan’s lucrative endorsement deals with multiple companies, including Nike, as the sides seek to establish the value of his image.

Jordan also sued the supermarket group Jewel-Osco for a similar ad congratulating him on his Hall of Fame induction. A lower court judge ruled in 2012 that the congratulatory message was constitutionally protected free speech and not a commercial, though an appellate court overturned that finding. That case is scheduled for trial in Chicago later this year.

Last month, another lawsuit filed against Qiaodan Sports in China failed to find the company had used names and images similar to Jordan’s. The Beijing Higher People’s Court, ruled against Jordan’s claim, the AFP reported.

He may be retired, but Jordan is keeping busy.

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