Nike visits world indoor 800m champion at a track meet, informs him of lawsuit

Today, I got served at the Hoka Classic, @nike is going to sue me for breach of a contract that expired on 12/31/15. What shall I do?

— Boris Berian (@borisgump800) May 21, 2016

Boris Berian, who two years ago was serving burgers at McDonald’s, won the world indoor championships in the 800m in March in what was one of the feel-good stories of the year. Now, the American is in legal trouble with sportswear giant Nike for a breach of contract.

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The 23-year-old 800m runner was served a lawsuit at the Hoka One One Middle Distance Classic on May 20. He did not compete at the event but is expected to run at next weekend’s Prefontaine Classic, a Nike-sponsored event in Eugene, Ore., just hours away from Nike’s world headquarters.

Berian was unsponsored heading into the summer of 2015 but after several breakthrough performances, including a 1:43 clocking in Monaco, he signed a contract with Nike in June. According to Berian’s tweet, that contract expired on Dec. 31, 2015.

Im currently not in any contract. My Nike sponsorship ENDED last year. Nike FAILED to match NB offer. For some reason Nike is fighting that.

— Boris Berian (@borisgump800) May 22, 2016

Berian has been seen racing in New Balance apparel this season.

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The lawsuit (.pdf) reads “this is an action for breach of contract, and declaratory and injunctive relief brought by Nike against Defendant Boris Berian. Nike and Defendant are parties to an exclusive endorsement agreement,” and that “Nike had the right to match specific written terms of any bona fide third-party offer presented to Defendant during a specified matching period of the agreement.”

Merhawi Keflezighi, Berian’s agent, told Deadspin that “there is a disagreement about a specific clause of that contract.”

According to Sporting News, Berian says that Nike did not match New Balance’s offer, the point of disagreement between the two parties.

Not surprisingly, T-Mobile U.S. CEO John Legere, an advocate for track and field athletes, quickly chimed in to support Berian and any legal battles that may follow. Legere recently bid US$21,800 to put a temporary tattoo of T-Mobile’s logo on Olympian Nick Symmonds’ shoulder in an advertising move.

@borisgump800 @Nike wow… Call me if I can be of any help? Did they own your arm too??

— John Legere (@JohnLegere) May 21, 2016

Nike is the world’s most valuable sports brand with revenues as high as US$30 billion per year. The company sponsors some of the world’s top runners as well as international-calibre track meets. If Berian makes the Olympic team, he will be required to wear Nike-branded apparel as the U.S. team is sponsored by the Oregon-based company.