Nike v. Sega

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Nike, Inc. v. Sega of America Dreamcast, Inc.
Court: United States District Court for the District of Oregon
Argued: 2002-02-07[1]
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[2], which Nike purported had largely copied the premise of their famous Frozen Moment commercial.[1]

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.[1] They also hosted a page on their official website dedicated to the lawsuit, which included scene-by-scene comparisons of both commercials.[2]

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".[3] 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.)[4]

Press releases

References