Back in 2011, Los Angeles Clippers star Kawhi Leonard partnered with Nike to create a logo that they used to sell merchandise. Leonard approached Nike with the initial concept, which was used as a starting point for a logo that underwent a number of changes before Nike began selling it. In 2018, the agreement between the two ended, and Nike registered the logo with the Copyright Office.
Leonard’s original concept on the left and the final Nike product on the right.
Leonard continued to use the logo and eventually filed a copyright infringement lawsuit against Nike, claiming fraud in Nike’s registration. He claimed to be the sole owner of the logo. U.S. District Judge for the District of Oregon Michael Mosman ruled against Leonard. Leonard signed a contract with Nike granting exclusive rights to the intellectual property made during the partnership. His attempts to argue that the language used was ambiguous failed.
The court also granted one of Nike’s counterclaims, namely that Leonard failed to file his initial action in Oregon as required under the contract. Their other counterclaims of breach of contract and copyright infringement will proceed.
Leonard’s situation illustrates the complications of negotiating contracts, particularly those involving intellectual property like copyrights. The Law Firm of Dillon McCarthy can help you write, negotiate, or enter into these contracts.