A federal judge today all but threw out Michael Jordan\u2019s lawsuit against Jewel-Osco over a congratulatory ad it ran when he was inducted into the Basketball Hall of Fame three years ago. <\/p>\n
Judge Gary Feinerman ruled that the ad, which appeared in a Sports Illustrated issue commemorating Jordan\u2019s induction, was \u201cnoncommercial speech\u201d protected by the First Amendment. <\/p>\n
But he deferred a ruling on whether to toss the case until the parties submit detailed briefs next month. <\/p>\n
The ad featured a pair of basketball shoes with the number 23 on the soles below the words \u201cJewel-Osco salutes #23 on his many accomplishments as we honor a fellow Chicagoan who was \u2018just around the corner\u2019 for so many years.\u201d <\/p>\n
The ad includes the Jewel-Osco logo and the grocery chain\u2019s slogan \u201cGood things are just around the corner.\u201d <\/p>\n
\u201cThe page does not propose any kind of commercial transaction,\u201d Feinerman wrote, contrasting it with a 1993 General Motors television ad that compared Kareem Abdul Jabbar to an Oldsmobile. <\/p>\n
\u201cThe reader would see the Jewel page for precisely what it is \u2013 a tribute by an established Chicago business to Chicago\u2019s most accomplished athlete. <\/p>\n
He also found that the use of Jewel\u2019s slogan in the ad was \u201csimply a play on words\u201d and offered a hypothetical 2009 ad from then-Gov. Arnold Schwarzenegger. <\/p>\n
\u201cCongratulations to our Lakers for \u2018terminating\u2019 the Orlando Magic and bringing home yet another NBA title, and to Kobe Bryant for winning the Finals MVP. Let me join all Angelenos in saying that Kobe and the team will surely \u201cbe back\u201d in the 2010 (season)!\u201d <\/p>\n
A Jewel-Osco spokesman issued a statement saying the company was \u201cpleased\u201d by the judge\u2019s ruling. <\/p>\n
\u201cWe continue to believe that we acted appropriately and that we will prevail in this matter,\u201d said spokesman Mike Siemienas. <\/p>\n
Jordan\u2019s attorney, Fred Sperling, said \u201cwe disagree with the court\u2019s ruling.\u201d <\/p>\n
\u201cJewel\u2019s witnesses testified that Jewel used Michael\u2019s identity in its ad to promote its goods and services. That is an admission that the ad was commercial speech.\u201d <\/p>\n
A lawsuit Jordan filed against Dominick\u2019s Finer Foods, LLC after it ran an ad in the same Sports Illustrated issue saying the Hall-of-Famer was \u201ca cut above\u201d next to a $2 off \u201cRancher\u2019s Reserve\u201d steak coupon is pending in federal court. <\/p>\n
sschmadeke@tribune.com<\/a> <\/p>\n<\/p>\n See the article here: A federal judge today all but threw out Michael Jordan\u2019s lawsuit against Jewel-Osco over a congratulatory ad it ran when he was inducted into the Basketball Hall of Fame three years ago. Judge Gary Feinerman ruled that the ad, which appeared in a Sports Illustrated issue commemorating Jordan\u2019s induction, was \u201cnoncommercial speech\u201d protected by the First Amendment. Continue reading
\nJudge: Michael Jordan ads are free speech<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"