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Nike wins petition and prosecutors ‘ costs over its” Ball In” plan.
Photo by Lance King/Getty Images
For successfully defending a lawsuit accusing the clothing industry’s leader of stealing the term “ballin,” a federal judge in Texas last year awarded Nike$ 25, 000 in attorney’s fees.
Judge Lee Rosenthal determined that Landon Jones’ trademark violations circumstance was “weak from the beginning.” She also criticized Jones for using social press to “ask a Nike staff of robbery and racism” even after he learned his accusations were “baseless.”
Lawyers typically pay their individual attorney’s charges in court. However, some statutes, including the Lanham ( Trademark ) Act, permit a judge to require the other side to pay in “exceptional” cases. Nike convinced Rosenthal Jones v. Nike was excellent.
But in selecting$ 25, 000, Rosenthal only granted Nike a fraction of the$ 570, 000 in attorneys ‘ fees the company hoped Rosenthal would order. Nike claimed its counsel and team” spent over 750 time” working on its security. The prosecutor found Nike’s requested dollar amount to be overwhelming. While Rosenthal acknowledged Jones “was right from the outset” and he should n’t had “resorted to harassing a Nike employee”, the “relative simplicity with which Nike obtained the termination of this event” and” the clarity of the legal problems” are limiting factors.
The event dates back to 2019, when Jones created a two-tone colour scheme for Ballin that reads “be * all * in.” He believed Nike may be interested in participating in March Madness deals. A Nike marketing representative was contacted via Instagram to send an unsubscribe request via direct communication. Jones afterwards claimed that the individual had never opened or shared the website. Jones included pictures of ballerina T-shirts that were colored by various institutes.
Jones gave a friend and business owner a$ 1, 000 license in 2021. The friend next hosted a radio called “BALLIN” and sold several hundred T-shirts, hoodies, and sweatshirts with ball names.
In February 2022, Nike launched a “BALL IN” plan for March Madness, and it included T- tops.
Rosenthal claims that Jones “began to abuse and cyberbully” the staff at Nike through a number of social media posts and videos. According to the judge, Jones mistakenly believed he had an exclusive right to the term “ballin” on sports clothing. He argued that Nike had unintentionally and without giving him a reason for it. Rosenthal pointed out some issues with the situation, including the fact that Jones had not been granted an exclusive right and that ballin is a” popular word” in mass culture.
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