Suing a grocery store chain over using his name/likeness without permission when they were congratulating him...already won a case over another store. Obviously he's 100% within his rights, but such a dick move IMO link - ( New Window )
But I think I remember reading where if in cases like this if they choose to not sue and let it slide it can possibly set some sort of precedent of tolerance on his behalf and make it harder to win a lawsuit later in a case where it wasn't as innocent as a congratulations. Basically he is forced to do so to best protect future illegal use of his name.
I may be wrong about that maybe an attorney will weigh in on it.
He has one of the most profitable names in the world. They associated their name along with his in an ad they ran in Sports Illustrated, an international magazine of all things. This isn't new or groundbreaking law. Don't use a celebrity in association with your products without the celebrity's consent. It's been in place for decades.
Besides, all of the money he won from the previous case went to charity. I'm sure he'll do the same with this.
In Jordan's defense, he has to draw a line with people making money off of his product. This is one of those situations where if you give an inch then it could cost him long term. Plus, the marketing people should know better.
I don't really know, but I was at the Mario Lemieux invitational golf tournament a bunch of years ago and followed around the threesome of Lemieux, Jordan, and Gretzky and they were just behind Marino, Elway and Rypien.
Anyway we'd watch Jordan, Lemieux, and Gretzky tee off and get to the green to see Marino, Elway, and Rypien (fantastic golfer by the way) finish up.
The whole time, Jordan was just having a field day making fun of gretzky. from his clothes, to the fact they had to wait about 8 minutes each par 4/5 for Gretzky to get to the green after Jordan and Lemieux reached it. it was pretty funny. Gretzky seemed to have fun with it too.
this story is almost completely irrelevant, but it's the only time I had an encounter with Jordan so thought I'd share it. Jordan was also gracious with the crowd, signing golf balls and taking pictures along the way. this was a long time ago though, maybe 1999 or 2000.
But I think I remember reading where if in cases like this if they choose to not sue and let it slide it can possibly set some sort of precedent of tolerance on his behalf and make it harder to win a lawsuit later in a case where it wasn't as innocent as a congratulations. Basically he is forced to do so to best protect future illegal use of his name.
I may be wrong about that maybe an attorney will weigh in on it.
I know with trademarks you loss your rights if you don't defend them. Not sure if that covers name and likeness.
Barkley played at a tournament at a course I worked at in college
some mom and pop operation. It is a large chain and they used Michael Jordan to promote their stores without his approval. Any celeb would sue in this situation.
RE: Barkley played at a tournament at a course I worked at in college
He was very friendly and gracious with the staff. Maybe golf tournaments just bring out the best in these guys?
probably, I think Barkley could be fun in that setting, he'd make fun of the other people too, and I'd also guess Jordan didn't walk into the super market and see his likeness used and said f-that sue them. It's probably attorneys.
though it should be noted too in the link as you hammer away at Jordan he said he'd use the money he won in the suit for charity. at least it's not simply for more personal gain. maybe a modicum of relief on burying him with that gesture?
again, not commenting on Jordan himself, but I'd imagine someone else is behind this.
some mom and pop operation. It is a large chain and they used Michael Jordan to promote their stores without his approval. Any celeb would sue in this situation.
Glad someone else said it. Anyone who lived in the midwest knows Jewel-Osco. If this was some 2 or 3 store operation in 1 tiny nook of the country I'd say he's being a dick.
But this is a company owned by Alberton's; they made 23 billion dollars last year. Meaning only Kroger beats out Jewel-Osco's parent company in what it's worth. Jordan has every right to challenge Jewel-Osco here.
But I think I remember reading where if in cases like this if they choose to not sue and let it slide it can possibly set some sort of precedent of tolerance on his behalf and make it harder to win a lawsuit later in a case where it wasn't as innocent as a congratulations. Basically he is forced to do so to best protect future illegal use of his name.
I may be wrong about that maybe an attorney will weigh in on it.
I know with trademarks you loss your rights if you don't defend them. Not sure if that covers name and likeness.
That must suck if you don't have a google alert on yourself. Seems like it would be very hard to keep up.
In Jordan's defense, he has to draw a line with people making money off of his product. This is one of those situations where if you give an inch then it could cost him long term. Plus, the marketing people should know better.
"Hey, we were just congratulating him." But, it is really disingenuous on their parts. Both "congratulatory" ads contained either coupons or marketing materials for their stores. This was marketing disguised as something else. If they had simply taken out an ad that said "Congratulations Michael..." with no images, no mention of their store, etc. it would have been fine.
Is it nitpicking by him? Maybe. But, as pointed out earlier, ignoring it may also be taken as precedence for acceptance on his part, for any use of his name, brand, and image. Also, as pointed out, these are not mom and pop operations either.
And, this is all coming from someone who despises Jordan.
I tell my lawyer to send a C&D letter, and if they ignore that, then sue.
My guess is, they did that. The grocery store knew they were creating a cause of action - they were just hoping that Jordan wouldn't notice or that he wouldn't want to look like the bad guy for suing.
and played pickup games with Jordan at a YMCA. He always said Jordan was great and very nice. He'd rarely shoot and only from far out. Funny thing is he said there were guys with better outside shots playing.
It isn't about the content, it is about a celebrity having control over his name and likeness and that should be protected.
I may be wrong about that maybe an attorney will weigh in on it.
Besides, all of the money he won from the previous case went to charity. I'm sure he'll do the same with this.
Still, it is a dick move.
Anyway we'd watch Jordan, Lemieux, and Gretzky tee off and get to the green to see Marino, Elway, and Rypien (fantastic golfer by the way) finish up.
The whole time, Jordan was just having a field day making fun of gretzky. from his clothes, to the fact they had to wait about 8 minutes each par 4/5 for Gretzky to get to the green after Jordan and Lemieux reached it. it was pretty funny. Gretzky seemed to have fun with it too.
this story is almost completely irrelevant, but it's the only time I had an encounter with Jordan so thought I'd share it. Jordan was also gracious with the crowd, signing golf balls and taking pictures along the way. this was a long time ago though, maybe 1999 or 2000.
you are fine with that right?
I may be wrong about that maybe an attorney will weigh in on it.
I know with trademarks you loss your rights if you don't defend them. Not sure if that covers name and likeness.
probably, I think Barkley could be fun in that setting, he'd make fun of the other people too, and I'd also guess Jordan didn't walk into the super market and see his likeness used and said f-that sue them. It's probably attorneys.
though it should be noted too in the link as you hammer away at Jordan he said he'd use the money he won in the suit for charity. at least it's not simply for more personal gain. maybe a modicum of relief on burying him with that gesture?
again, not commenting on Jordan himself, but I'd imagine someone else is behind this.
Glad someone else said it. Anyone who lived in the midwest knows Jewel-Osco. If this was some 2 or 3 store operation in 1 tiny nook of the country I'd say he's being a dick.
But this is a company owned by Alberton's; they made 23 billion dollars last year. Meaning only Kroger beats out Jewel-Osco's parent company in what it's worth. Jordan has every right to challenge Jewel-Osco here.
Quote:
But I think I remember reading where if in cases like this if they choose to not sue and let it slide it can possibly set some sort of precedent of tolerance on his behalf and make it harder to win a lawsuit later in a case where it wasn't as innocent as a congratulations. Basically he is forced to do so to best protect future illegal use of his name.
I may be wrong about that maybe an attorney will weigh in on it.
I know with trademarks you loss your rights if you don't defend them. Not sure if that covers name and likeness.
Still, it is a dick move.
How is it a dick move?
Please explain.
Is it nitpicking by him? Maybe. But, as pointed out earlier, ignoring it may also be taken as precedence for acceptance on his part, for any use of his name, brand, and image. Also, as pointed out, these are not mom and pop operations either.
And, this is all coming from someone who despises Jordan.
My guess is, they did that. The grocery store knew they were creating a cause of action - they were just hoping that Jordan wouldn't notice or that he wouldn't want to look like the bad guy for suing.