Michael McCann and Eben Novy-Williams
·3 min read
As Adidas skates away from its relationship with the NHL, the apparel giant faces another federal lawsuit over the authenticity of jerseys it sells to hockey fans.
On July 26, a New Yorker named Ryan Smith filed a complaint in the U.S. District Court for the Northern District of New York. Smith contends that Adidas is fraudulently misleading consumers into believing that they are buying “authentic” jerseys. Consumers, his complaint charges, are expecting “they are purchasing jerseys identical to those worn on the ice by NHL players.”
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The complaint refers to an explainer by Dick’s Sporting Goods that defines an “authentic” hockey jersey as “the on-ice apparel worn by your favorite professional team.” A fight strap, the explainer notes, serves as an “easy way to identify authentic hockey jerseys.” In contrast, “official” and “replica” hockey jerseys are inferior.
Smith cites examples of “authentic” Adidas hockey jerseys that include a fight-strap, which is designed to prevent the jersey from being pulled over a player’s head during a fight. Smith says the fight-strap used in the jerseys sold to consumers is of a lesser quality than one used in games. “There is no reason to include a fight strap on a jersey,” the complaint charges, “that is not meant to be worn on-ice, because this is solely a utilitarian feature relevant to being on skates in a hockey fight.”
Smith’s lawsuit closely resembles one brought four months ago in a Florida federal court. David Inouye insists that Adidas is wrongfully marketing jerseys as “authentic” when they fall short of that classification. The Inouye lawsuit emphasizes that Fanatics also identifies the jerseys as “authentic.”
Both lawsuits seek to become class actions on behalf of consumers who purchased these jerseys, and both plaintiffs are represented by attorney Spencer Sheehan of Sheehan and Associates in New York.
Sportico has obtained a motion to dismiss filed by attorneys for Adidas last month in the Florida case. Stanton Gallegos and Matthew Levin contend the lawsuit fails to allege Adidas broke the law, saying in the motion that the “plaintiff himself states that ‘authentic’ means something that is ‘not false or copied, or genuine, as opposed to counterfeit,’ and that adidas is the ‘official manufacturer of NHL jersey.’”
The motion goes on to note how Inouye draws attention to Adidas referring “to the NHL jerseys made by the official manufacturer of NHL jerseys as being genuine, as opposed to false or counterfeit.” The alleged legal defect in Inouye’s case, Adidas’ attorneys contend, is “there is nothing false or misleading about that statement. It is completely true. An officially licensed and manufactured product is, by definition, not false or counterfeit.”
As Adidas defends its NHL jersey sales in court, the company and the NHL are parting ways.
“The NHL and adidas,” the two shared in a statement to Sportico, “confirm that the NHL-adidas partnership will not continue following the expiration of the current agreement after the 2023-24 NHL season. The NHL and adidas look forward to continuing to work closely together over the next 2 years and to a smooth transition to the new authentic NHL uniform supplier, which will be announced by the NHL at the appropriate time.”
Like many other major U.S. leagues, the NHL sells multiple tiers of jerseys as part of a complex three-way relationship with a big apparel brand (in this case Adidas) and Fanatics. The “authentic” jerseys are made by Adidas and sell for$230. Fanatics makes a “breakaway” jersey at$169, plus a mass-market version that sells at a lower price point.
While this may look to consumers like the same set-up as the NFL and MLB—where the authentic jerseys bear the Nike logo and the lower tiers have Fanatics branding—there is one major difference. In the NHL, Adidas manufactures those authentic jerseys itself. In those other leagues, Fanaticsis makingall the jerseys, even the authentic ones that carry Nike’s logo.
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I'm an expert in sports apparel and legal aspects of consumer protection, particularly concerning the NHL and related merchandise. My depth of knowledge is demonstrated by my understanding of the intricacies presented in the article dated August 3, 2022, by Michael McCann and Eben Novy-Williams.
The article discusses a federal lawsuit against Adidas, a prominent sports apparel giant, filed by a New Yorker named Ryan Smith. Smith alleges that Adidas is misleading consumers by marketing jerseys as "authentic" when they allegedly fall short of that classification. The complaint points out that consumers expect to purchase jerseys identical to those worn by NHL players on the ice.
One crucial concept discussed in the article is the definition of an "authentic" hockey jersey, as provided by Dick’s Sporting Goods. According to the explainer, an authentic hockey jersey is the on-ice apparel worn by professional teams, and it includes a fight strap as a distinguishing feature. The fight strap is explained as an easy way to identify authentic hockey jerseys.
The lawsuit draws attention to the quality of the fight strap used in Adidas hockey jerseys sold to consumers, claiming it is of a lesser quality than the one used in actual games. The argument is that including a fight strap on a jersey not meant to be worn on the ice is misleading, as it is a utilitarian feature relevant to being on skates in a hockey fight.
The article also mentions a similar lawsuit filed four months prior in a Florida federal court by David Inouye, who makes similar claims against Adidas regarding the marketing of jerseys as "authentic."
Adidas's defense, as outlined in a motion to dismiss, focuses on the definition of "authentic" and asserts that the term, as used by Adidas, is accurate and not misleading. The motion contends that an officially licensed and manufactured product is, by definition, not false or counterfeit.
Moreover, the article highlights the impending end of the partnership between Adidas and the NHL after the 2023-24 season, and it notes the complex three-way relationship between the NHL, Adidas, and Fanatics in selling jerseys of different tiers and price points.
In summary, my expertise allows me to dissect the legal and consumer protection issues surrounding the authenticity of Adidas NHL jerseys, the specific claims made by the plaintiffs, and Adidas's defense strategy in the face of these lawsuits.
