Michael Jordan

News & Analysis as of

Right of Publicity Claims by Athletes Nearly Shut Out in 2015

When we published our Sue-per Bowl post, 2015 looked like it would be a good year for right of publicity claims brought by athletes. On January 6, 2015, the Ninth Circuit in Davis v. Electronic Arts held that the First...more

Michael Jordan Defends His Right to Remain in Court to Protect His Likeness

On March 19, 2015, Wilson Elser published “Michael Jordan Denied Summary Judgment on His Right of Publicity Claim against Illinois Grocer,” an Alert concerning a case in which Michael Jordan was denied summary judgment on his...more

Advertising Law - April 2015 #2

Red Light! Cab Companies Claim Uber Falsely Claims to Be Safer Service: What’s safer—riding in a cab or riding in an Uber car? - A new false advertising lawsuit raised that question when a coalition of 19...more

Two Rights of Publicity Decisions Explore the Boundaries of Commercial Speech in Commemorating Public Figures

Two recent rights of publicity cases illustrated the parameters of using a public figure’s name, likeness, identity or image for commercial purposes, without consent for commemorative purposes. But when does commemoration...more

Time for Your Close-up: The Right of Publicity in the Social Media Era

Michael Jordan is one of America’s most revered and iconic professional athletes. He spectacularly led the Chicago Bulls to six NBA championships, was named league MVP for five years and, off the court, reached a...more

Michael Jordan Denied Summary Judgment on His Right of Publicity Claim against Illinois Grocer

In 2009, Michael Jordan was inducted into the Basketball Hall of Fame. To commemorate Jordan’s career, Time Inc. published a special Sports Illustrated Presents issue that included congratulatory “advertisements” from several...more

Three Point Shot - February 2015

Will Johnny Be Good, or Will Name Games Go up in Flames? Johnny Gaudreau, left wing for the Calgary Flames, is attempting to high-stick potential interlopers by locking up rights to his now-popularized nickname – Johnny...more

Applause Can Come with a Big Price Tag - Michael Jordan v. Jewel Food Stores, Inc.

Paying tribute to celebrity can sometimes be an expensive proposition. A Chicago grocery store chain found this out the hard way when the U.S. Court of Appeals for the Seventh Circuit handed down its decision in Michael...more

Err Jordan?

As some of you may know, I commonly write posts on “personal branding” involving sports figures and other celebrities. Well, last week, a Seventh Circuit decision came down involving perhaps the most significant personal...more

Michael Jordan v. Jewel Food Stores: The Seventh Circuit Explores the Boundaries of Commercial Speech

When and how the First Amendment applies is normally a complicated question. In a case decided earlier this week, Michael Jordan v. Jewel Food Stores, Inc., No. 12-1992, the parties teamed up to present an issue on commercial...more

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