Blog

Brand wars: Kawhi Leonard sues Nike

5 June 2019 | Applicable law: US

On Monday June 3, 2019, Kawhi Leonard ("Kawhi") filed a lawsuit against Nike in the U.S. District Court for the Southern District of California in an attempt to reclaim ownership of a logo deemed the "Klaw." The lawsuit alleges that Kawhi created the Klaw shortly after being drafted in 2011.

The unique logo is the outline of Kawhi's hand, which is embedded with elements that are meaningful to him, including his initials, KL, and his jersey number, number two.

Nike gained access to the Klaw as part of an endorsement deal with Kawhi. During his contract with Nike, Nike exploited the logo on its brand's merchandise, and Kawhi was able to use the Klaw on his personally branded merchandise and events.

The lawsuit alleges that, "Unbeknownst to [Kawhi] and without his consent, Nike filed an application for copyright registration of his logo and falsely represented in the application that Nike had authored the logo." In November of 2018, as a sneaker "free agent," Kawhi opted to leave Nike and sign an endorsement contract with New Balance.

The lawsuit seeks that Kawhi be declared the sole author of the Klaw; that Kawhi's use of the Klaw does not interfere with Nike's rights; and that Nike be found to have committed fraud on the Copyright Office in registering the Klaw.

A victory at the very least would give Kawhi control of the Klaw and could potentially open the door for a new campaign with New Balance that exploits the Klaw.

The case demonstrates how essential it is for an athlete to protect his or her own intellectual property rights before entering into any endorsement deal with a brand.

This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.

Share

Related experience

As a full-service law firm, we are able to provide advice and information about a wide range of other issues. Here are some related areas.

Join the club

We have lots more news and information that you'll find informative and useful. Let us know what you're interested in and we'll keep you up to date on the issues that matter to you.