A federal judge Wednesday rejected NBA star Kawhi Leonard’s claims that Nike unlawfully copyrighted his "Klaw'' logo.
U.S. District Judge Michael W. Mosman ruled that the logo Nike designers helped create with Leonard marked an “independent piece of intellectual property’’ that was distinct from the original sketch Leonard initially conceived and shared with Nike.
“It’s not merely a derivative work of the sketch itself,’’ the judge ruled from the bench after an hour of oral argument held by phone as well as multiple briefs filed in the case. "I do find it to be new and significantly different from the design.''
Leonard sued Nike in the middle of the NBA finals in June 2019, contending the athletic footwear company unlawfully copyrighted his personal logo. He said he created the logo in college, drawing on his large hands, his jersey number and initials.
Nike filed a countersuit against Leonard, arguing that it holds exclusive rights to a claw logo produced by its “talented team of designers.’’
The company admitted Leonard forwarded it a “rough draft’’ sketch of a hand that incorporated his initials “KL’’ and his jersey number “2,’’ but argued that Leonard then approved one of the proposed designs that Nike created in June 2014 as part of his contract. The contract lasted from October 2011 through September 2018.
One of Leonard’s lawyers, Mitchell C. Stein, urged the judge to view Leonard’s initial sketch and the final logo as "one and the same.''
Leonard isn’t claiming ownership of a derivative work. “We’re claiming ownership of the logo Leonard created,’’ Stein told the court.
"The KL, the No. 2 and the hand as expressed by Mr. Leonard in his sketch and as modified is the protectable element that appears in the Nike Klaw,'' Stein argued.
But Nike attorney Tamar Duvdevani said there are many differences between the rough sketch Leonard presented to Nike with his ideas and the final logo agreed upon in his contract.
"One is not the same as the other,'' she said.
"Authorship is more than mere directions and ideas,'' Duvdevani said. "It’s clear here it was Nike’s designers who put pen to paper to fix the work in a tangible medium of expression.''
Leonard’s suit was initially filed in federal court in Southern California. A judge then granted Nike’s motion for a change of venue and moved the case to Oregon.
Mosman granted Nike’s motion for a judgment on the pleadings, dismissing Leonard’s claims with prejudice.
"Kawhi put his heart and soul into that design so we are obviously disappointed the judge ruled the logo belongs to Nike and not Kawhi,'' said attorney Peter R. Ginsberg, who also represents Leonard. "We’re considering our options to protect Kawhi’s interests.''
Mosman has previously ruled in another intellectual property case involving a basketball star. In 2015, he dismissed a claim by renowned photographer Jacobus Rentmeester, who accused Nike of ripping off his iconic photo of basketball star Michael Jordan and using it to create its famous silhouetted “Jumpman’’ logo.
Rentmeester’s photo depicted Jordan, then a student at the University of North Carolina, airborne in a grassy knoll featuring a basketball hoop as a prop, with his left arm extended upward and a basketball in hand.
-- Maxine Bernstein
Email at mbernstein@oregonian.com; 503-221-8212
Follow on Twitter @maxoregonian
Subscribe to Facebook page
Subscribe to Oregonian/OregonLive newsletters and podcasts for the latest news and top stories.
Coronavirus in Oregon: Latest news | Live map tracker |Text alerts | Newsletter