‘Authentic’ Adidas NHL Jerseys Far Different than What the Players Wear, Class Action Alleges [DIMISSED]
Last Updated on March 14, 2023
Inouye v. Adidas America, Inc.
Filed: February 21, 2022 ◆§ 8:22-cv-00416
A class action alleges the “authentic pro” National Hockey League jerseys made and sold by Adidas are noticeably different than those worn by NHL players.
Florida
March 14, 2023 – Adidas ‘Authentic Pro’ NHL Jersey Class Action Dismissed by Plaintiff
The proposed class action detailed on this page has been voluntarily dismissed by the plaintiff, who did not file an amended suit after its initial dismissal.
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The plaintiff’s notice of voluntary dismissal was submitted to the court on March 6, 2023, just three days after U.S. District Judge Virginia M. Hernandez Covington granted Adidas’s motion to dismiss the case.
In the 34-page dismissal order, Judge Covington found that the plaintiff failed to demonstrate that he had viewed Adidas’s allegedly misrepresentative statements before purchasing the company’s “authentic pro” NHL jersey, given that he bought the product from third-party vendor Fanatics. In particular, the plaintiff failed to state when he viewed the alleged misrepresentations or whether he did so on Adidas’s or Fanatics’ websites or on product labels, which left the court “unable to discern” whether the consumer viewed the claims at all on the retailer’s website prior to purchase, the order relays.
“In short, [the plaintiff’s] complaint fails to connect the allegedly misleading statements — the characterization of the jerseys as ‘authentic’ — to Adidas,” the judge wrote.
Although a consumer who purchased a product from a third party may hold a manufacturer liable for a breach of warranty if “substantial direct contact” existed between the plaintiff and the manufacturer, the judge found that the plaintiff failed to show that there was any “direct contact” between himself and Adidas.
According to the judge, the plaintiff’s claim that Adidas “directly marketed the Product to Plaintiff and consumers through its advertisements and marketing, through various forms of media, on the packaging, in print circulars, direct mail, and targeted digital advertising” demonstrates that Adidas engaged in “untargeted marketing” rather than “direct contact.”
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A proposed class action alleges the “authentic pro” National Hockey League jerseys made and sold by Adidas are noticeably different than those worn on the ice by NHL players.
The 20-page lawsuit in Florida says that although Adidas touts the jerseys as “authentic,” that is, identical to those worn by professional NHL players, the products available to consumers are different with regard to fit, fabric, stitching and seemingly minor details. As the lawsuit tells it, Adidas’ “authentic” NHL jerseys are “closer to counterfeit” jerseys than to those worn by the pros.
Per the suit, it would be more accurate for Adidas to describe its “authentic” NHL jerseys, which retail for “no less than” $179.99, as “replicas.”
“Reasonable consumers must and do rely on a company to honestly identify and describe the components, attributes, and features of a product, relative to itself and other comparable products or alternatives,” the lawsuit says, claiming that the value of the Adidas NHL jerseys purchased by consumers is materially less than represented by the retailer.
More specifically, the lawsuit claims that the “cut” of the Adidas jerseys is tighter than those worn by NHL players. Further, the fabric used for the Adidas jerseys is “half the thickness” of the fabric used for real pro jerseys, the case says. The stitching for the jerseys is similarly “weaker and less durable” than those worn at the pro level, per the suit:
Further still, the lawsuit contends that the neck hole for real NHL jerseys (top) is small than the one found in the Adidas “authentic” jerseys (bottom):
The complaint also claims that the “dimples,” or small holes in the upper torso and shoulder area of the Adidas jerseys (top), are “significantly smaller” than the ones found on real-deal NHL uniforms (bottom). According to the suit, the smaller dimples on the Adidas jerseys render the garments less efficient at dealing with moisture and airflow than the pro jerseys:
Additionally, the Adidas NHL jerseys are made in Indonesia, whereas the ones worn by the pros are manufactured in Canada, the lawsuit says.
The case looks to cover consumers across the United States who bought an Adidas “authentic” NHL jersey within the applicable statute of limitations period.
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