Nike’s latest move in lawsuit with world champ Boris Berian a “pleasant surprise”
American Boris Berian's legal battle with the world's largest sports brand came to an end on Thursday as Nike dropped the lawsuit.
In what turned into a David-versus-Goliath-style battle, Nike’s lawsuit against world indoor 800m champion Boris Berain has come to an end. Nike has dismissed the lawsuit against Berain ahead of the U.S. Olympic Trials. The sportswear giant was suing the athlete because they claimed that the middle-distance runner breached their terms of contract.
His rise to fame peaked in March at the world indoor championships in Portland, Ore. where he led from start to finish to win the men’s 800m. Two years ago, he was flipping burgers at McDonald’s in Colorado to help fund his running career before he moved to California to train with the Big Bear Track Club.
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According to Sports Illustrated, the two parties were in disagreement over the right of first refusal and the terms of the contract. Berian claimed that his previous contract ended on Dec. 31, 2015 so he signed an agreement with New Balance the following month.
Ive had so much support from my family friends and all of my fans the past couple months and I cant thank you enough! @hawisports @BigBearTC
— Boris Berian (@borisgump800) June 24, 2016
But because Berian was previously under a Nike contract, the sports brand held the right to match offers from competitors. New Balance’s contract didn’t include reductions, the ability to claw back salary for poor performances, while Nike’s did.
In federal court, Nike claimed that Berian would cause them “irreparable harm” by running in a competitor’s kit.
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Berian’s agent, Merhawi Keflezighi, the brother of Boston marathon champion Meb Keflezighi, told SI that Nike’s move to drop the lawsuit was a “pleasant surprise.” Had the lawsuit not been dropped, it’s likely that Berian would have been in the legal battle until next week’s U.S. Olympic Trials where he will attempt to qualify for Rio.
Nike issued the following statement in regards to dropping the lawsuit:
“Nike legitimately exercised its right to match the New Balance offer and believe we would prove this at trial. It is important that agreements, endorsers, endorsees and agents sign together are appropriately upheld. As a running company, we also recognize that this is a significant time for Boris and in light of the judge’s decision to delay the ruling to June 28, the eve of the Olympic Trials, we decided to eliminate this distraction for Boris. Therefore, in the interests of the athlete we have dismissed our case. We wish Boris the best of luck and success in the future.”
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Berian was under a restraining order that prohibited him from wearing competitors’ apparel forcing him to withdraw from races in the lead up to next week’s trials. He’s free to negotiate a new contract now.
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