Congrats Doesn’t Equal Ad

Michael Jordan is in the news again – this time for court action of the legal nature, as he has file suit against a Chicago grocery store. 

Authors Tammy Brandt and Brian Socolow, of AdAge.com, explain that it was in 2009 that Sports Illustrated produced a commemorative edition of its publication, in which local Chicago businesses, among others, publicly congratulated Jordan on his election to the Basketball Hall of Fame. 

The “ad” from Jewel grocery store was a full-page, offering praise from “a fellow Chicagoan,” yet the judge in the case recently upheld their claim that it was not an actual advertisement; so congrats doesn’t equal an ad.

Jordan had argued that the congrats ad was an infringement on his business interests, as well as on his trademark, and sought to exploit Jordan for the store’s commercial gain – all without his permission.

With this ruling, it means that advertisers actually have some protection from the First Amendment regarding lawsuits filed by celebrities.  In this case, Jordan argued that the store, with its logo and slogan right there on the full-page, were intended to help its image, increase its value and ultimately serve as a promotion for the stores.

The judge explained that the presence of the logo and slogan were used to identify the congratulator and to personalize the wishes as being from a fellow Chicago entity.  He further explained that the congrats ad did not actually propose or invite a commercial transaction – which is what an advertisement normally does, and which helps distinguish “commercial speech.”

To further understand this case, we must note that the Jewel did not approach Sports Illustrated, they did not buy the advertising space, nor do they own the magazine in which the ad was published.  Now, if the ad had appeared in the store’s local circular or on its website or even its page on Facebook, it would have been a different story.

Ultimately, the case is not completely settled: there is still room for appeal.  However, it does mean that, while congrats doesn’t equal an ad, many other forms of content does – so the advertiser, or congratulator, must be very careful in choosing their messages, especially when tied to a well-known individual.