Celebrity endorsements and congratulatory messages: Jordan v. Jewel Food Stores: A case of right to publicity versus commercial speech

Abstract

Product endorsements by athletes are common brand-building tactics. The brand receives additional consumer attention and goodwill created by the athlete. The athlete receives compensation that may exceed their player salary. However, local sport heroes create community pride for their accomplishments. Fans show their pride by congratulating the sport star. Is a local, non-endorsing company allowed to offer similar congratulations? In 2012, a US appellate court was asked to decide a case where Michael Jordan claimed that a Chicago grocery store chain’s congratulatory message violated his right to publicity. Through an analysis of this legal case, this paper will discuss the following issues: the legal protections of non-commercial speech and commercial speech; should image advertising be considered as commercial speech for legal purposes; and Jordan’s right to publicity claims. Finally, an examination of the legal holding’s impact on sport marketing strategy will be offered.