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Has Adidas been manufacturing NHL jerseys and selling them to consumers as being authentic when they are actually replicas? That question should be answered in a newly initiated lawsuit filed by David Inouye, individually and on behalf of all others similarly situated, in the United States District Court for the Middle District of Florida.
Inouye says that Adidas promotes the jerseys as authentic on its labeling, hangtags, and descriptions posted on its website, and that third-party stores and websites also identify the product as being authentic. Yet, the jerseys are anything but authentic according to the plaintiff.
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He claims that the cut of the jerseys is tighter than those worn by NHL players, the fabric used in the product is half the thickness of the jerseys worn on the ice, the stitching is weaker and less durable than on authentic jerseys, the neck hole on jerseys worn by NHL players is smaller than the neck hole on the jerseys that consumers purchase, the dimples in the upper torso and shoulder area on the jerseys consumers buy are significantly smaller than what allows the air to flow through for players, and the product that consumers purchase is made in Indonesia while NHL players are wearing jerseys manufactured in Canada.
“Defendant sold more of the Product and at higher prices than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers,” states the complaint.
Causes of action include a violation of Florida’s Deceptive and Unfair Trade Practices Act, violation of State Consumer Fraud Acts, breach of contract, breach of express warranty and implied warranty of merchantability, negligent misrepresentation, fraud, and unjust enrichment.
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Darren Heitner is the founder of Heitner Legal. He is the author of How to Play the Game: What Every Sports Attorney Needs to Know, published by the American Bar Association, and is an adjunct professor at the University of Florida Levin College of Law. You can reach him by email at [email protected] and follow him on Twitter at @DarrenHeitner.