The smooth transition of NFL jersey production responsibilities from Reebok to Nike hit a snag this week with the filing of a lawsuit by Nike against its rival. Nike filed suit in federal court against Reebok over Reebok’s swift production of Tim Tebow-New York Jets jerseys after Tebow’s trade to the Jets. The trade announcement on March 21st left an extremely tight window of time for Reebok to capitalize on the deal before its contract with the NFL expires on April 1, 2012.  


While Reebok’s deal with the NFL is technically still in place until April 1, Nike alleges that the jerseys are not valid licensed merchandise as authentic jerseys require two license agreements – one with the NFL to use its marks and one with the NFLPA (National Football League Players Association) or the individual player to use a specific players name.  Nike has had an endorsement deal with Tebow in place since his graduation from the University of Florida in 2010.  In appears that in this case, Reebok does not have a deal with either the NFLPA or Tebow that would allow it to use his name on its jerseys.

With the April 3rd premier of Nike’s NFL jersey collection quickly approaching, Nike asserts that Reebok’s hastily produced Tebow-Jets jerseys will negatively impact the demand for new Tebow-Jets apparel that has been steadily growing since the trade was announced. Nike is seeking injunctive relief to stop the sales of the jerseys along with the compensatory and punitive damages.  While being first to market may earn Reebok a quick profit in this situation, if the Court decides in Nike’s favor, the quick move could end up being a costly one. 

On Friday, March 30, Reebok was ordered to stop producing the jerseys.

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Many people will not be shocked by the title of this post.  However, a new report issued by an advocacy group for the U.S. Chamber of Commerce was recently released that was entitled, “The Plaintiffs’ Bar Goes Digital, an Analysis of the Digital Marketing Efforts of Plaintiffs’ Attorneys and Litigation Firms.”  The report found that marketing efforts were being camouflaged as forums or support group sites.   The report estimated that law firms had spent more than $50,000,000 on Google advertising in 2011.  The overwhelming majority of that was spent by Plaintiff’s firms.  However, despite the fact that the amount of spending does not rank with large corporations, it is disproportionate for the size of the industry.  The report is critical of the Plaintiffs’ Bar because of a lack of transparency that many of their sites were actually marketing for law firms.  

As social networking, blogs, and other methods of disseminating information grow, they will become an increasingly prominent part of Plaintiff’s attorneys networking and marketing strategies.  To a lesser extent, we can expect the same on the defense side.  As we expand our internet marketing footprint, we need to be ever vigilant to ensure that our marketing is done truthfully and ethically.  Advertisement by legal professionals should be transparent and truthful.  Various bar associations will most likely weigh in on specific examples in the near future.  We should all make diligent efforts to make sure we are on the right side of whatever precedent is set.  

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Media strategy and the tips and tactics of developing female organizational power were the big topics of the morning at this year's DRI Sharing Success seminar in sunny Scottsdale at the Westin Kierland Resort.  The morning started off with TV and radio personality, Mary Katherine Ham.  She regularly defends her political opinions on her morning radio program, The Morning Majority, and against Bill O'Reilly on The O'Reilly Factor.  Her presentation focused on finding our voice and crafting our message and defense in the media - be it in the press, on tv, or on the Internet at large through social media.  Enlightening and refreshing and a great start to the morning. 

Linda Bray Chanow from the Center for Women in the Law spoke next and offered a very interactive discussion on the perceptions of female power in business and law. Simply by starting with a classic scenario we've all seen in our professional careers,  attendees peppered Ms. Chanow with questions and comments. Overall an incredibly collaborative and insightful presentation that will surely lead to continued discussions amongst all the attendees during the rest of the seminar.  Definitely excited to see what the rest of day has to offer.  

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Last week, the Wall Street Journal Law Blog wrote about a recent New York ethics opinion approving legal advertising on Groupon and other group coupon sites.  These services allow consumers to pay one price up front for a service that is more valuable. A restaurant, for example, may offer a $50 meal for $25 that is paid immediately. An attorney, like this one, for example, may offer to provide a will for $99.  New York wasn’t the first state to weigh in on the issue--South Carolina has, too--and it probably won’t be the last. 

Both New York and South Carolina have approved groupon lawyer advertising per se despite claims that it constitutes the improper sharing of legal fees with a non-lawyer. However, and probably of more practical use to one considering running a groupon lawyer deal, the opinion of each state shows that it is essentially a path fraught with dangerous ethical pitfalls.  For example, New York identified a laundry list of issues aside from fee-sharing that may be implicated in the typical scenario depending on the facts, including improper payment for referral, excessive fees, advertising violations, improper creation of the lawyer-client relationship, conflicts of interest, and improper scope of representation.

With these potential ethical pitfalls in mind, not to mention the questionable effectiveness and taste of such advertising, it is doubtful that legal service groupons will ever become too common. 

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