Michael Jordan treats Jewel like it’s Patrick Ewing

The Seventh Circuit holds that a Jewel congratulatory advertisement to Michael Jordan is commercial speech and therefore not subject to the protections of the First Amendment. As such, Jewel may be liable to Jordan for unauthorized use of his image. Jewel attempted to equate its ad to corporate practice of commending local community groups on notable achievements, which the Court did not readily accept as true. Further, the Court noted that the District Court erred in applying the “inextricably intertwined” test in that the test should be whether the commercial and noncommercial elements of the speech could be legally or practically separated.

media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2014/D02-19/C:12-1992:J:Sykes:aut:T:fnOp:N:1292976:S:0.

And for those who feel they are missing a key reference:

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About Matt Anderson

I am civil trial attorney in South Bend, Indiana and have practiced on both sides of insurance and personal injury law in Illinois and Indiana for the better part of ten years. I created this blog as a way for other Indiana civil litigation and trial attorneys to get meaningful updates on cases ad issues that affect their practice. (I'll admit that there is some self-interest involved since it's also a handy way to summarize and file my own research.)

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