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[h1]World B. Free Suing Nike Over Shoe Named Without His Say-So[/h1]
Charles Toutant
New Jersey Law Journal
May 12, 2009
Former NBA star World B. Free is suing Nike for marketing a commemorative basketball shoe in his name without his permission.
The former Philadelphia 76ers point guard alleges Nike's planned June 12 rollout appears timed to take attention away from an eponymous line of shoesand clothing launched this month by a small German company, K1X, with the athlete'sauthorization.
The suit was filed on April 27 in Camden County Superior Court, seeking damages and injunctive relief for alleged violations of New Jersey's Consumer Fraud Act. Also named as defendants are Sole Collector, a sneakers magazine that ran a blurb about Nike's product in March, and Nick DePaula, a principal ofthe magazine.
Free's lawyer says big corporations often claim the First Amendment gives them the right to unauthorized commercial use of an individual's image."There's a whole attitude that they have the right to come out with these products," says Timothy McIlwain of McKenna & McIlwain in Montclair. "They're trying to killoff the right to publicity by saying it's free expression."
The plaintiff, born Lloyd Bernard Free, changed his name to World B. Free in 1980 as part of a campaign for peace and tranquility. Known for takinghigh-risk shots and yelling "hot soup" when scoring on opponents, he played with the Philadelphia 76ers, Cleveland Cavaliers, San Diego Clippers,Golden State Warriors and Houston Rockets over a 14-year career from 1975 to 1988.
A Cherry Hill, N.J., resident, he now works in community relations for the 76ers.
None of the defendants have answered. Nike spokesman Kejuan Wilkins did not respond after asking a reporter to submit questions in writing. DePaula did notreturn a phone message.
