Fox Broadcasting has been hit with a $30 million lawsuit for using Muhammad Ali as the centerpiece in an advertisement right before the start of this year's Super Bowl.
Muhammad Ali Enterprises, which owns intellectual property rights associated with the boxing legend, filed its complaint in Illinois federal court Tuesday. The three-minute promotional spot (see below) in question depicts Ali throughout his career achievements, using archival footage and referring to him as "The Greatest," before shifting its focus to NFL legends including Joe Montana, Joe Namath, Vince Lombardi, Tom Brady and others. The narrator tells viewers that “in the Super Bowl many have marched towards this same confrontation with greatness" as images of Ali and others are juxtaposed.
The plaintiff asserts this is a false endorsement under the Lanham Act and a violation of Illinois Right of Publicity Act. (Read the full complaint.)
The February spot, arguably a documentary short, came eight months after Ali's death, and according to the complaint, "Fox never requested or received MAE’s permission to use Ali’s identity or to imply his endorsement in connection with the services offered by Fox, including its broadcast of the Super Bowl."
Muhammad Ali Enterprises is owned by Authentic Brands, which purchased trademarks and other rights associated with the boxer in 2013 from the Core Media Group, which once produced American Idol when it was on Fox.
In suing over publicity rights in Illinois, the plaintiff is looking to score a similar success as Michael Jordan, who a couple years ago won $8.9 million in damages after a Chicago-area grocery store took out an advertisement in Sports Illustrated congratulating him on his induction into the Basketball Hall of Fame. Frederick Sperling, who handled that Jordan case, is the lead attorney representing Muhammad Ali Enterprises. He's built a roster of sports clients, including soccer legend Pele in an ongoing lawsuit against Samsung.
Fox's potential defenses include nominative fair use. The $30 million in damages asserted appears to derive from the cost of three minutes of broadcast time to other Super Bowl advertisers.
The Hollywood Reporter has reached out to Fox for comment.
Opheltes on October 10th, 2017 at 18:37 UTC »
There's a few interesting things going on here. First, personality rights (the right to use your likeness in advertising) are not federal. It's something that exists at the state level, and 22 states do not recognize them at all.. (Fun fact: In Tennessee, personality rights are eternal. You can thank the Elvis estate for pushing that one)
Second, and this is where I'm confused - they are suing both under a federal statute (the Lanham Act) that prohibits false advertising, and under the Illinois personality rights statute. But they are suing in Federal Court. How can you sue someone under a state statute in Federal Court?
clevername71 on October 10th, 2017 at 17:47 UTC »
Wow I can't believe I missed this commercial when it aired. Legal issues aside, so good.
Although now there's the sense of irony that comes from an NFL spot celebrating an athlete who was blacklisted from his sport for protesting for his beliefs.
hjiaicmk on October 10th, 2017 at 17:07 UTC »
Funny how all these companies complain about pirating nonstop until they are the ones doing the pirating.