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ARTICLE · 04 APRIL 2014

Applause Can Come With A Big Price Tag

Paying tribute to celebrity can sometimes be an expensive proposition.

United StatesIntellectual Property

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 Jordan v. Jewel Food Stores, Inc., Case No. 12-1992 (7th Cir., Feb. 19, 2014) (Sykes, J.).

The facts are straightforward.  In 2009, basketball superstar Michael Jordan was inducted into the Naismith Memorial Basketball Hall of Fame.  Sports Illustrated decided to produce a commemorative issue to mark Jordan's Hall of Fame induction.  Jewel agreed to provide floor space to promote the issue.  In exchange, Jewel was permitted to place a full-page congratulatory notice in the commemorative issue, which purported to pay tribute to Jordan, once a mega-celebrity in Chicago.  Jordan, an unquestionably fine basketball player, but an especially astute businessman and promoter, saw in the congratulatory

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