A jury on Friday "ordered the owners of the defunct supermarket chain Dominick's" to pay Basketball HOFer Michael Jordan $8.9M "for using his identity without permission in an advertisement," according to Kim Janssen of the CHICAGO TRIBUNE. Jordan said that he will "give the award to charities in Chicago." Jordan: "It was all just about protecting my name and my likeness." Lawyers for Dominick's owner, Safeway, had "argued that it should pay just $126,900 for using Jordan's identity without permission" in a '09 ad for its Rancher's Reserve steaks in a special issue of SI commemorating Jordan's HOF election. After "deliberating for more than six hours at the end of a weeklong trial, the jury came up with a number Friday night that was far closer to what Jordan asked for." The verdict "comes at the end of a hard-fought, five-year court battle that provided fresh insights into how Jordan built his name into a marketing juggernaut and saw a judge previously assigned to the case describe Jordan's demands as 'greedy.'" The case "turned on the two sides' competing versions of how to calculate the fair market value of the ad." Jordan testified that he "signs only long-term deals" expected to be worth $10M and that he "would 'never' have agreed to the Dominick's ad, which compared him to a piece of meat and came with a $2-off coupon for steaks." An expert hired by Dominick's "had calculated that a 'hypothetical deal' between the two sides could have been concluded for $126,900" (CHICAGO TRIBUNE, 8/22). The AP's Michael Tarm wrote the award represents a "major win" for Jordan, who "hugged his lawyers after the decision was read." Jordan's fame "loomed over the case." Evidence presented during trial "provided a peek at Jordan's extraordinary wealth," including the $480M he made from Nike alone from '00-12 (AP, 8/21). ESPN.com's Darren Rovell noted Jordan's legal team brought in economist Andrew Zimbalist, "who testified that Jordan's fair market value for the ad" was $10M. In calculating the amount owed to Jordan, jurors "sent a note to the judge, saying: 'We need a calculator'" (ESPN.com, 8/21).
STAR POWER: The TRIBUNE's Janssen cites experts as saying that the size of the award is "not only a warning to corporate America, but also a lesson to other athletes to 'be like Mike' and stay on their guard." Jordan's case "demonstrated to anyone using his name without permission that they face a long and expensive court battle." Meanwhile, juror Bill Kilroy after the trial "asked Jordan if he would pose for a picture" (CHICAGO TRIBUNE, 8/23). In Chicago, Maudlyne Ihejirika noted the Jewel-Osco grocery chain also "faces a lawsuit from Jordan after it published a congratulatory ad" in the same commemorative SI issue. The Dominick’s case "could have repercussions for the Jewel case, which is set for trial in December" (CHICAGO SUN-TIMES, 8/22).
