Boris Berian Gets Served By Nike For Breach of Contract
Boris Berian Gets Served By Nike For Breach of Contract
On Friday night at the HOKA ONE ONE Middle Distance Classic, Boris Berian was served with a lawsuit by Nike for breach of contract. The World Indoor Champio
On Friday night at the HOKA ONE ONE Middle Distance Classic, Boris Berian was served with a lawsuit by Nike for breach of contract.
The World Indoor Champion shared the news immediately from Occidental College on his Twitter account with a message that claimed Nike was “going to sue me for breach of a contract that expired on 12/31/15.” He then asked his 1,523 followers, “What shall I do?”
The Big Bear Track Club standout tweeted again on Saturday night, stating that he is “currently not in any contract. My Nike sponsorship ENDED last year. Nike FAILED to match NB offer. For some reason Nike is fighting that.”
According to the complaint, which Nike USA, Inc. filed in the United States District Court of Oregon, the sportswear giant brings action against Berian for “breach of contract, and declaratory and injunctive relief brought by Nike.”
“Nike and Defendant are parties to an exclusive endorsement agreement. This agreement was initiated when Defendant began endorsing Nike pursuant to a written endorsement contract. Under the terms of this initial contract, Nike had the right to match specific written terms of any bona fide third-party offer presented to Defendant during a specified matching period of the agreement.”
The complaint continues by alleging that Berian presented Nike with a proposal by New Balance for an endorsement deal, which created an option contract for Nike to consider within the “period which Nike was entitled to match any third-party offer.”
Nike alleges that they matched New Balance’s offer in a timely manner and formed a new agreement with Berian, but that he refuses to “recognize an agreement with Nike and has refused to perform under its terms.”
Nike is seeking a declaratory judgement as well as injunctive relief that would prohibit Berian from entering into any other endorsement deal that would violate his agreement with Nike.
Berian is scheduled to race the 800m at the Prefontaine Classic in Eugene, Oregon next weekend.
The World Indoor Champion shared the news immediately from Occidental College on his Twitter account with a message that claimed Nike was “going to sue me for breach of a contract that expired on 12/31/15.” He then asked his 1,523 followers, “What shall I do?”
Today, I got served at the Hoka Classic, @nike is going to sue me for breach of a contract that expired on 12/31/15. What shall I do?
— Boris Berian (@borisgump800) May 21, 2016
The Big Bear Track Club standout tweeted again on Saturday night, stating that he is “currently not in any contract. My Nike sponsorship ENDED last year. Nike FAILED to match NB offer. For some reason Nike is fighting that.”
According to the complaint, which Nike USA, Inc. filed in the United States District Court of Oregon, the sportswear giant brings action against Berian for “breach of contract, and declaratory and injunctive relief brought by Nike.”
“Nike and Defendant are parties to an exclusive endorsement agreement. This agreement was initiated when Defendant began endorsing Nike pursuant to a written endorsement contract. Under the terms of this initial contract, Nike had the right to match specific written terms of any bona fide third-party offer presented to Defendant during a specified matching period of the agreement.”
The complaint continues by alleging that Berian presented Nike with a proposal by New Balance for an endorsement deal, which created an option contract for Nike to consider within the “period which Nike was entitled to match any third-party offer.”
Nike alleges that they matched New Balance’s offer in a timely manner and formed a new agreement with Berian, but that he refuses to “recognize an agreement with Nike and has refused to perform under its terms.”
Nike is seeking a declaratory judgement as well as injunctive relief that would prohibit Berian from entering into any other endorsement deal that would violate his agreement with Nike.
Berian is scheduled to race the 800m at the Prefontaine Classic in Eugene, Oregon next weekend.