Nike Seeks Federal Court Order to Prevent Berian from Wearing New Balance
Nike Seeks Federal Court Order to Prevent Berian from Wearing New Balance
Nike is using the court system to stop Boris Berian from wearing New Balance or any other competing brand. On Wednesday, the sportswear giant filed U.S. Dis
Nike is using the court system to stop Boris Berian from wearing New Balance or any other competing brand.
On Wednesday, the sportswear giant filed U.S. District Court papers in Portland (that can be found here) seeking a temporary restraining order to prevent Berian from breaching his existing Nike contract and wearing other competing brands, including New Balance, during important upcoming events.
The Oregonian first reported the news on Friday afternoon.
Nike's filing says Berian presented the company with a contract offer from New Balance in January. Nike claims it exercised "a right of first refusal" clause to automatically trigger a new contract with Berian that equaled the offer he received from New Balance. According to Nike, however, "Defendant has refused to acknowledge that Nike renewed its contractual agreement with him when it agreed to match an offer that Defendant presented Nike in January 2016 from New Balance."
On May 20 at the HOKA ONE ONE Middle Distance Classic, Berian was served by Nike for breach of contract.
Berian maintains his claim that he is not bound by Nike due to the company allegedly not matching an offer from New Balance.
Since then, Berian, the 2016 World Indoor Champion, won the Nike Prefontaine Classic 800m race last Saturday. He is also favored to make the U.S. Olympic Team.
Nike claims it will suffer "irreparable harm" if Berian is allowed to continue wearing its competitor's gear in high-profile events, including the Olympic Trials and Games.
Nike listed three reasons for seeking injunctive relief:
Additional reporting provided by Jeremy Botter.
Berian said he was unsponsored after winning the New Balance Grand Prix on February 14.
On Wednesday, the sportswear giant filed U.S. District Court papers in Portland (that can be found here) seeking a temporary restraining order to prevent Berian from breaching his existing Nike contract and wearing other competing brands, including New Balance, during important upcoming events.
The Oregonian first reported the news on Friday afternoon.
Nike's filing says Berian presented the company with a contract offer from New Balance in January. Nike claims it exercised "a right of first refusal" clause to automatically trigger a new contract with Berian that equaled the offer he received from New Balance. According to Nike, however, "Defendant has refused to acknowledge that Nike renewed its contractual agreement with him when it agreed to match an offer that Defendant presented Nike in January 2016 from New Balance."
On May 20 at the HOKA ONE ONE Middle Distance Classic, Berian was served by Nike for breach of contract.
Berian maintains his claim that he is not bound by Nike due to the company allegedly not matching an offer from New Balance.
Im currently not in any contract. My Nike sponsorship ENDED last year. Nike FAILED to match NB offer. For some reason Nike is fighting that.
— Boris Berian (@borisgump800) May 22, 2016
Since then, Berian, the 2016 World Indoor Champion, won the Nike Prefontaine Classic 800m race last Saturday. He is also favored to make the U.S. Olympic Team.
Nike claims it will suffer "irreparable harm" if Berian is allowed to continue wearing its competitor's gear in high-profile events, including the Olympic Trials and Games.
Nike listed three reasons for seeking injunctive relief:
- To enforce the endorsement agreement between Nike and Berian. This is standard in nearly all contract disputes that reach court systems. If the court grants the injunction, they are also agreeing (unless specifically noted) that the endorsement agreement between Nike and Berian is indeed valid. Contracts gain power through court affirmation; without the court, a contract is just a pile of paper that cannot be enforced.
- Nike says that Berian isn't just breaching his contractual obligations with them; they claim he is breaching them in such a way that unless an injunction is granted, Nike will be harmed in a meaningful way. The filing says Berian has worn New Balance during "a number of high-profile events in 2016," but specifically names the 2016 IAAF World Indoor Championships, where Berian won a gold medal. Nike does not want Berian wearing a Nike competitor's gear during the high-profile Olympics. This step is their attempt to prevent that outcome.
- By wearing New Balance, Nike claims Berian is doing them irreparable harm.
Additional reporting provided by Jeremy Botter.
Berian said he was unsponsored after winning the New Balance Grand Prix on February 14.