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Michael Jordan Continues To Litigate Over Intellectual Property Issues

Charlotte Bobcats owner Michael Jordan unveils the new Charlotte Hornets logo at halftime during the game against the Utah Jazz at Time Warner Cable Arena. Mandatory Credit: Sam Sharpe-USA TODAY Sports

I have been provided the opportunity to sit in on a class taught by ESPN and Sports Illustrated writer Andrew Brandt that is called “Business and Legal Aspects of Professional Sports.” Brandt is teaching the class through Villanova University’s online offering, which makes it easy for anyone to access the content. This article is part of a series of posts that I am crafting for Brandt’s class.

Charlotte Bobcats owner Michael Jordan unveils the new Charlotte Hornets logo at halftime during the game against the Utah Jazz at Time Warner Cable Arena. Mandatory Credit: Sam Sharpe-USA TODAY Sports
Charlotte Bobcats owner Michael Jordan. Photo Credit: Sam Sharpe-USA TODAY Sports

Michael Jordan is no novice when it comes to the law. The former National Basketball League superstar and current owner of the Charlotte Hornets recently won a court battle over a supermarket’s wrongful use of his publicity rights and will have to pay Jordan $8.9 million unless there is an appeal and that amount is reduced or completely eliminated.

That case is not the only one Jordan has been involved in when it comes to intellectual property. Whereas the supermarket situation involved the wrongful use of Jordan’s name in conjunction with an advertisement, Jordan has a separate lawsuit against a Chinese company, which is now heading to China’s supreme court.

Jordan has sued Qiaodan Sports for selling apparel that contains the Chinese translation of Jordan’s name (“Qiaodan”) along with his popular jersey number (#23). It is a case founded in the realm of trademark law, with Jordan seeking damages for what he claims to be an act of trademark infringement by the Chinese apparel company. The key issue is whether Qiaodan Sports’ use of the name Qiaodan and/or #23 creates a likelihood of confusion among the relevant market of consumers, causing them to likely believe that Jordan is behind the brand and its products. Since trademark law can be a tricky subject, only a trademark lawyer could give a real insight into this case, and answer whether or not Jordan has a chance of winning against Qiaodan. It is interesting to follow.

Thus far, Qiaodan is winning the legal battle, with the lower court and a court of appeals ruling in favor of the sports apparel brand. However, Jordan has proven willing and ready to appeal to the highest court in China in order to have his case heard and with the hope that he will ultimately prevail despite initial signs that indicate otherwise.

If you’re interested in learning more about Villanova’s online sports program, please visit VillanovaU.com/SABSponsor.

By Darren Heitner

Darren Adam Heitner, Esq., is a preeminent sports attorney and the founder of Heitner Legal, P.L.L.C., a Fort Lauderdale-based law firm specializing in sports law, contract negotiations, intellectual property, and arbitration. He earned his Juris Doctor from the University of Florida Levin College of Law in 2010 and a Bachelor of Arts in Political Science, magna cum laude, from the University of Florida in 2007, where he was named Valedictorian of the College of Liberal Arts and Sciences. Admitted to practice in the state bars of Florida, New York, and the District of Columbia, as well as multiple federal courts, Darren also serves as a certified arbitrator with the American Arbitration Association.

As an adjunct professor, Darren imparts his expertise through teaching Sports Law at the University of Florida Levin College of Law and Name, Image, and Likeness (NIL) at the University of Miami School of Law in the Entertainment, Arts, and Sports Law LL.M. program. His scholarly contributions include authoring several books published by the American Bar Association, such as How to Play the Game: What Every Sports Attorney Needs to Know, and numerous articles in prominent publications like Forbes, Inc. Magazine, and Above the Law. His thought leadership in NIL has earned him recognition as one of the foremost experts by The Wall Street Journal, USA TODAY, and On3, and he has been lauded as a “power player in NIL deals” by Action Network and a “top sports trademark attorney” by Sportico.

Darren’s passion for sports law led him to establish Sports Agent Blog on December 31, 2005, initially titled “I Want To Be A Sports Agent.” The platform, created as a New Year’s resolution, has grown into a cornerstone of the sports agency community, offering in-depth analysis of industry trends, legal disputes, and agent-player dynamics. His commitment to the field is further evidenced by his representation of numerous athletes and sports agents, as well as his prior role as an Adjunct Professor at Indiana University Bloomington, where he developed and taught a course on Sport Agency Management from 2011 to 2014.

Darren’s contributions have been recognized with prestigious honors, including the University of Florida’s 40 Under 40 Award, the University of Florida Levin College of Law’s Outstanding Young Alumnus Award, and designation as the best lawyer in Fort Lauderdale by Fort Lauderdale Magazine. He remains an active voice in the sports law community, sharing insights through his weekly NIL newsletter and his X posts, engaging a broad audience on legal developments in sports.