The image in question
Pele, the legendary soccer player from Brazil, regarded by many as the best player to ever grace the beautiful game, has sued Samsung Electronics for at least $30 million, claiming the Korean company employed a “look-alike” in one of its advertisements that ran in the New York Times, without the former player’s consent.
In the complaint filed earlier in March in a federal court in Chicago, the former World Cup winner claims that Samsung placed the ad in the New York Times in October to promote its ultra high-definition televisions.
According to Reuters, in 2013, the two parties had broken off negotiations that would have allowed Samsung to use Pele’s identity to promote its products.
The ad in question does not use Pele’s actual image to promote the products, but the complaint claims that Samsung chose to use a person that “very closely resembles” the former player. The ad also depicts a soccer player executing one of Pele’s signature moves, a “modified bicycle or scissors-kick.”
Pele’s representatives argue that the ad will confuse consumers, and lower the value of Pele’s various endorsements, which includes deals with Subway, Procter & Gamble, Volkswagen, and others.
Pele’s lawyer Frederick Sperling, who also represented former Chicago Bulls star Michael Jordan in a similar case, outlined his expectations for the case: “The goal is to obtain fair compensation for the unauthorized use of Pele’s identity, and to prevent future unauthorized uses.”
It is fair for current and former athletes to protect their image and make sure that they are properly rewarded when their likeness is used to promote products. Especially in our digital times where images live forever and are disseminated around the world in seconds. However, this particular case will be interesting to follow, because Samsung did not use an actual image of Pele. So far the South Korean company has not commented on the case.
While the case plays out in court, one thing is for sure amongst soccer fans: There is only one Pele. Samsung will hopefully come to the same conclusion soon enough, but at what cost?
