If you were to draw a line between Michael Jordan and Pelé, two of the world’s most recognizable athletes, their lawyer — Schiff Hardin’s Frederick J. Sperling — would be in the middle.
During 36 years at the Chicago-based firm, Sperling has developed a niche practice, helping athletes protect “their identity.” As he puts it, an athlete’s identity and ability to control endorsements is often the most valuable asset they own.
In 2014, Jordan earned $100 million in endorsements, more than the sum of his entire salary during his 15 seasons in the NBA, according to Sperling.
This past August, he represented Jordan against a grocery chain that used his identity in a Sports Illustrated ad without permission, according to the Chicago Tribune . Sperling argued it violated Illinois’ Right of Publicity Act and a jury returned an $8.9 million verdict.
Now, he’s back in court representing Pelé. This time, the suit is against Samsung, which — according to Sperling — broke off negotiations for an advertising campaign with Pele but used his likeness in an ad for HD televisions. From the Trib :
Although the wording of the advertisement contains no direct mention of Pelé, the combination of a large portrait photograph of an elderly black man who “very closely resembles” the man widely considered the greatest soccer player of all time, with a smaller picture of a white soccer player performing a “modified bicycle or scissors-kick, perfected and famously used by Pele,” is likely to confuse consumers and hurt the value of Pele’s endorsement rights, the suit claims.
The complaint, made available via Bloomberg Law , is filed on behalf of Pele IP, a Delaware entity which controls his intellectual property. It makes claims of false endorsement under the Lanham Act, Illinois’ Right of Publicity Act, consumer fraud and deception, and unfair trade.
“It’ll be interesting to see how they put the ad together,” said Sperling, who is seeking $30 million in damages for the 75-year old Brazilian former soccer player.
Although representing athletes is only a portion of his practice, which includes general commercial litigation and appellate work too, Sperling has also represented former Chicago Bears’ wide receiver Willie Gault.
Gault knew someone at Schiff Hardin, and Sperling was enlisted to help on his first matter in 1989. Later, Gault connected him with Jordan, who used the same agent.
“It’s not because I was a jock, it’s not because I specialized in sports law,” said Sperling."It’s actually very serendipitous.”
He has spent nearly his entire career at Schiff Hardin, joining several years after he graduated from University of Chicago Law School in 1979.
With the addition of Pelé, Sperling has now represented professional players from football, basketball, soccer and baseball [Jordan played briefly.] But Sperling still hasn’t had any hockey players as clients.
“It’s a hole in my resume,” he said.
Learn more about Bloomberg Law or Log In to keep reading:
See Breaking News in Context
Bloomberg Law provides trusted coverage of current events enhanced with legal analysis.
Already a subscriber?
Log in to keep reading or access research tools and resources.
