Nike v. Sega

Nike, Inc. v. Sega of America Dreamcast, Inc.
Court: United States District Court for the District of Oregon
Argued: 2002-02-07
Decided: 2002

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Nike, Inc. v. Sega of America Dreamcast, Inc. is a 2002 case in which Nike sued Sega of America Dreamcast and its marketing agency Leagas Delaney over an ad for their popular basketball title NBA 2K2, which Nike purported had largely copied the premise of their famous Frozen Moment commercial.

History

In February 2002, Nike announced it had filed a lawsuit against Sega of America over an NBA 2K2 ad which largely copied the premise of Nike's famous Frozen Moment commercial. They also hosted a page on their official website dedicated to the lawsuit, which included scene-by-scene comparisons of both commercials.

The commercial, which paid significant homage to the critically-acclaimed 1996 Nike basketball commercial Frozen Moment (and virtually copied the original shot-for-shot), went as far as to feature an inversion of Nike's trademarked slogan "Just Do It", parodied as "Just Don't Do It". Leagas Delaney admitted that their commercial was significantly inspired by the previous Nike ad, stating it was meant as a respectful homage.

Results

Ultimately, the lawsuit was settled out of court, with Sega of America and Leagas Delaney issuing a formal apology, and with Sega donating $100,000 to the United States charity Boys & Girls Clubs of America (notably, to the Clubs in Portland, Oregon and Memphis, Tennessee - the location of Nike's headquarters and distribution center.)

Press releases

• Press release: 2002-02-07: Nike Files Lawsuit Against Sega of America; Suit Seeks an Injunction and Damages for Sega's Copyright Infringement Of Nike's Famous Frozen Moment Ad

External links

• When Nike Sued SEGA video essay by Norman Caruso at the Gaming Historian