MJ scores again – Basketball legend taking a shot at grocery store’s ad campaign

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Abstract: When a Chicago-area grocery store chain used legendary Chicago Bulls player Michael Jordan’s identity in its advertising campaign, he responded with a $5 million lawsuit alleging violations of a number of laws. The ad congratulated Jordan on his Hall of Fame induction but included the chain’s logo and marketing slogan. In court, the chain claimed that this was noncommercial speech protected by the First Amendment. An appeals court ultimately ruled that the case could proceed, determining that the ad was nonprotected commercial speech. This article examines the court’s reasoning and, in a sidebar, its clarification of the proper use of the “inextricably intertwined” doctrine. Jordan v. Jewel Food Stores, Inc. and SuperValu Inc., No. 12-1992, Feb. 19, 2014 (7th Cir.)