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Nike Sues Sega Over Slow-Motion Basketball Ad
Nike Inc. has a message for video game publisher Sega of America and its recent basketball ads: Just don't do it. The world's largest maker of athletic shoes and clothing, filed suit in federal court recently against Sega and its advertising agency claiming their television ad featuring a shattering dunk shot was an unfair copy of an earlier Nike campaign starring basketball legend Michael Jordan.
In the suit filed in federal court in Oregon, Nike alleges that the commercial produced by Sega and Leagas Delaney Inc. to promote Sega's "NBA 2K2" basketball game is too similar to a Nike ad called "Frozen Moment" that depicted Jordan in slow motion.
"Sega has seen Nike's press release. However, to our knowledge, we have not yet received an official complaint from the company. Therefore, we can not discuss this legal issue at this time," a spokeswoman for Sega said. A spokeswoman for San Franciso-based Leagas Delaney was not immediately available for comment.
Nike's suit claims copyright infringement and unfair competition. The Beaverton, Oregon-based company is asking for an injunction barring the ad from further airplay, an order impounding copies of the ad; and either damages for the alleged infringement or a royalty on every copy of the game sold. Sega, a unit of Japan's Sega Corp., released the game for Sony Corp.'s PlayStation 2 in January. A version for Microsoft Corp.'s Xbox is set for release in March.
Nike's "Frozen Moment" ad, which ran from November 1996 to April 1997, shows Jordan in slow-motion as he drives to slam-dunk over the flat-footed Los Angeles Lakers defense. In the ad, the world of onlookers is reduced to a kind of awe-struck slow-motion visual as they watch the amazing shot. In fact, they became oblivious to events around them, returning to normal pace reality only when Jordan completes the dunk and the game returns to full speed.
A Nike-produced parody called "Frozen Penny," depicting basketball player Penny Hardaway, appeared in late 1997. Nike claims that Sega's "NBA 2K2" ad is "a virtual scene-by-scene reenactment" of "Frozen Moment," including a slow-motion dunk by an animated ballplayer.
Instead of runners watching the game as they trot on treadmills, the Sega ad shows a hamster on a treadmill, transfixed by the televised game, Nike said.
Video game publishers have increasingly promoted their latest games, particularly sports titles, as being virtual mirrors of the real thing. In a similar twist, Fox Sports has used Electronic Arts Inc.'s hit football game "Madden 2002" to illustrate plays on their Sunday morning pre-game NFL show.
SOURCE: Reuters
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