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.