This should lay to rest that old yarn that “it is easier to get forgiveness than permission.” Late last week, Michael Jordan won an $8.9 Million damages award against the grocery store that used his Right of Publicity without permission in print ads that ran in Sports Illustrated.
At trial, jurors heard the familiar infringer’s refrain that Dominick’s achieved no benefit from the ads, and based on expert valuation testimony, the most it should pay for the ad was around $126,000. Of course, this overlooks the fact that Michael Jordan apparently does not do deals for $126,000 and rather, the starting fee for a license to use Jordan’s Right of Publicity is generally in the $10 Million range.
So at $8.9 Million, Dominick’s may have gotten a 10.1 % discount.
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