Nike vs Özil - Lawsuit

[selma kay]

Following this site for a long, long time now. Love it and finally posting for the first time.

Let me first start with wishing Mesut a Happy Birthday!



Unfortunately my post isn't good news, because a Dutch judge decided that Mesut isn't allowed to wear his Adidas boots anymore.



Nike filled in a lawsuit against Mesut in Amsterdam. First I found it weird that the lawsuit was filled at a Dutch court. However, looking into it I found out that Nike's European headoffice is located in the Netherlands, so this is probably the reason to fill the lawsuit in Amsterdam. The judgement is also posted on the official Dutch Jurisdiction site where all the Judgement are posted. And a Dutch Newspaper called AD has also mentioned the lawsuit on their internet site.

http://www.rechtspraak.nl/Organisatie/Rechtbanken/Amsterdam/Nieuws/Pages/Voetballer%C3%96zilmoetcontractmetNikenakomen.aspx

Translation summary judgement;

Footballer Ozil must fulfill his contract with Nike

Amsterdam, 10/12/2012

The German soccer player Mesut Ozil isn’t allowed to play on Adidas shoes before he has given Nike the opportunity to offer a competitive sponsorship. This, the judge in Amsterdam, decided in a lawsuit that Nike had filed against the footballer.

'Matching right'

Ozil was under contract with Nike until July of this year when it ended. According to the contract, Nike has the right to match (equal) any other offer made by potential sponsors, the so called "matching right '. This (matching) right still exists until the end of this year. Meanwhile Ozil already plays on Adidas shoes during official games (competitions).

Penalty/Fine

The footballer has declared that no contract with another sponsor has been signed. However, the court finds it unlikely that Ozil started to wear Adidas shoes without receiving compensation (consideration) in return. The court decided that Ozil must fulfill its obligation and present (submit) Nike any offer of another sponsor brand, in order to enable Nike to come with a new offer in return. In case of non-observance of the agreement by Ozil, he must pay a fine of € 150,000 per day.

No brand name

If indeed, no contract with Adidas consists, Ozil must demonstrate this by playing 180 days in shoes without a brand name. Afterwards (after the 180 days) he is free to sign a contract with another sponsor without Nike having the ‘matching right'.

And a Dutch Newspaper called AD has also mentioned the lawsuit on their internet site. Here's a translation;

http://www.ad.nl/ad/nl/1053/Primera-Division/article/detail/3330893/2012/10/12/Ozil-moet-op-merkloze-sloffen-verder.dhtml?show=react

For now Mesut Özil can’t play with the Adidas football boots. The German international has to give Nike, the supplier of his old boots, the chance to give him a new offer, with 150,000 euros fine. That, the judge in Amsterdam determined in a U.S. manufacturer filed lawsuit on Friday.

The contract between Nike and Özil ran untill July, after which the Real Madrid midfielder switched to a competitor. Under the conditions (of his agreement with Nike) his ex-sponsor has until the end of this year the time to come with a counter proposal. According to Özil, however, there is no contract with Adidas.

The judge found that not plausible and sentenced him to 180 days to play with shoes without a brand name.

I wonder if he will wear Adidas tomorrow! The Dutch judgement is from last friday. And he was wearing the Adidas boots in the evening agains Ireland. Besides the white Adidas boots look brandless from a distance :) However I'm sure the Ozils will appeal this judgement. Nevertheless, at the end of the day Mesuts position is still great because Nike can only 'win' if they give him an better :) offer.

Extra....And just wanted to say, I love it that after the NT plays Mesut is the only one being asked for his shirt by an opposite player. In this gifs you can see a player asking, however unfortunately Mesut has already promissed it to an other player.

Comments

[charliechaz.livejournal.com]

So he definetly needs to fire his Dad as his manager/agent.

It's probably not a good idea to be in a situation where your sponsor is suing you....especially when that sponsor is Nike!

Also first rights of refusal and matching clauses are fairly standard contract terms. Athletes, models etc very rarely drop a sponsor until they have another lined up. I do believe the judge is correct that Mesut and co were hoping to ride out the 180days wearing Addidas boots,but never actually signing anything official.

Don't burn bridges with Nike. He's twenty four with a long career ahead and he's picked a fight with one of the major brands! But all of this begs the question...why does he want to leave Nike anyway?

[jenny-jenkins.livejournal.com]

Actually - I'm in disagreement - just this once.

The first reason is that it's obvious why he wants to leave Nike - Adidas are offering a rumoured 20 million - which is a record contract.

There's obviously an agreement with Adidas and he's going there almost no matter what.

I agree about "not burning bridges" - but this was a very civilized law suit, actually, and in public the two sides are very amicable - thanking each other for "working together" etc...

And Nike are obviously desperate to keep him.

[charliechaz.livejournal.com]

Revving up my lawyer brain: I maintain that the transition could have been handled better by someone more experienced. His old sponsorship deal probably undervalued him and he needs a new one. Fair, but:

A lawsuit is always bad....even if it's not a particularly nasty lawsuit. If I'm any future sponsor I'm saying to to myself "is this how Mesut Ozil & company end all their relationships? Am I going to have to spend money to make sure he adheres to the non-compete clauses of the contract?"

Secondly, mesut can leave (all things come to an end) but if Nike is insisting on the match opportunity, are they close to matching the offer? If not, Nike may just want the brand free boots to not give the immediate appearance that Nike "lost to" Addidas. Who knows? But it's a little late for that.

Finally, if I'm Mesut and I get slapped with this fine....I would just make Addidas pay the fine on top of what the new 20million deal. Everyone knows this...so in a way Nike is really suing Addidas. The odds of Mesut working with Nike in the future....well this experience will probably leave them with a bitter after taste for a while.

[ladya-sama.livejournal.com]

As long as no one is suing him for gazillions of euros, or dragging him into court, am not worried. Indeed, sounds like a pretty sweet "dilema". Either Nike gives him a better contract, or he signs with Adidas for a record contract. He just has to make sure to play it neutral until that time. Wonder where one finds non-branded boots, though ...

I also noticed that, of all the German players, he's the one who ends up swapping shirts at the end of the match most. At first I thought he just liked any excuse to get (top)naked--Hell, he does it even when he isn't swapping shirts XD--but often he's approached by other players for his shirt. Once saw two players from the opposite team approach him at the same time and they had to sort it out between themselves! Guess agreements should be made BEFORE the match. Everyone wants a piece of Bambi! :)

Hope he's enjoying his b-day, and that it's followed up tomorrow with a win over Sweden!

non-branded?

[selma kay (from livejournal.com)]

'non-branded boots'- I was thinking about that to, that's kind of unlikely.

Guess agreements should be made BEFORE the match. Everyone wants a piece of Bambi! :)

I know, right. Just like when Germany played against France (friendly 2012) and before the game (in the players tunnel) Abidal went over to Mesut asking/handsigning to swap shirts after the game. Just love it, that opposite players see the things in him we all see.

[tenshi-who.livejournal.com]

"Non-branded boots": I'm pretty sure what that means is that someone (like adidas) will give him boots to play in, but paint over/omit their logos so no one will be able to tell what brand it is.
Or at least that's how it's happened in other sports.

[biene.livejournal.com]

DONT GO TO ADIDAS OZIL!

STAY WITH NIKE PLEASE.

[kotbegemot3.livejournal.com]

Mesut says 'ok-senk-you-bye' to Nike!

[tinylimequat.livejournal.com]

"However, the court finds it unlikely that Ozil started to wear Adidas shoes without receiving compensation (consideration) in return."

Hehe, come on, the boy needs some boots... ;D I would find this discussion about boots funny - if there weren't such big numbers of money, and to some extent his reputation, in question.