Press release: 2002-02-07: Nike Files Lawsuit Against Sega of America; Suit Seeks an Injunction and Damages for Sega's Copyright Infringement Of Nike's Famous Frozen Moment Ad

This is an unaltered copy of a press release, for use as a primary source on Sega Retro. Please do not edit the contents below. Language: English Original source: The Free Library

BEAVERTON, Ore. -- Nike Inc. announced today it has filed suit in Federal Court in Oregon against Sega of America Dreamcast, Inc. and its advertising agency Leagas Delaney, Inc., for copyright infringement and unfair competition concerning Nike's famous "Frozen Moment" ad. The suit alleges Sega's new advertisement for its new game "NBA 2K2" is a virtual scene-by-scene reenactment of Nike's "Frozen Moment" ad.

(Photo: http://www.newscom.com/cgi-bin/prnh/19990818/NIKELOGO )

"We believe the Sega ad has almost no original creative elements that weren't taken in whole or in part from Nike," said Scott Reames, senior communications manager for Nike. "It's rather shocking and disappointing to see another advertiser so blatantly shoplift our intellectual property."

In 1996, Nike produced a TV advertisement, entitled "Frozen Moment," that depicted a Chicago Bulls-Los Angeles Lakers NBA basketball game sequence featuring Michael Jordan. In the ad, the fast-paced basketball action seamlessly shifts to slow motion as riveted onlookers watch Jordan make his magically athletic moves toward a final slam-dunk of the basketball. As the onlookers watch, their world is also depicted in slow motion, and they become oblivious to events and accidents happening around them. The ad appeared on U.S. TV from Nov. 1996 to April 1997, primarily during NBA telecasts and other sports programming.

"Frozen Moment" was so well received that in late 1997 Nike created and broadcast a second ad to salute and parody it. "Frozen Penny" depicted Anfernee ("Penny") Hardaway in a playground pick-up game, driving to the hoop for a shattering dunk. Again, time slows down and the slow-motion actions of onlookers take far longer than the sequence would normally allow. "Frozen Penny" deepened the public's lasting impression of "Frozen Moment."

On approximately January 10, 2002, Sega began broadcasting a new TV advertisement for "NBA 2K2," its new basketball video game launched into the market on January 22, 2002. Sega's new video game features realistic NBA basketball player characters and virtually re-enacts Nike's "Frozen Moment," with only subtle differences.

Nike alleges that the Sega ad copies the sequence, theme, tone, characters, mood, pace, music and setting of "Frozen Moment." Moreover, the Sega ad copies the whole look and feel of "Frozen Moment," so that the viewing public could not mistake the similarity of expression between the two ads.

To view the Complaint, which includes scene-by-scene comparisons of "Frozen Moment" and the Sega ad, please visit http://www.nikebiz.com/media/n_sega.shtml .

For more information about Nike, please visit http://www.niketown.com/ or http://www.nikebiz.com/.

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Contact: Scott Reames of Nike Inc., +1-503-671-2454 or [email protected]

Website: http://www.nikebiz.com/
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