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Liverpool FC wins its legal case against New Balance

Ste HoareSte Hoare2 min read
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Liverpool FC wins its legal case against New Balance

Liverpool Football Club has won its legal case against American manufacturers New Balance.

In his written judgement, as per the Liverpool Echo, Mr Justice Teare said:

“In my judgement, the calibre of the named athletes or influences can be measured. Mr Chris Davis (New Balance vice president) said the exercise of measurement was “very subjective.”

I am not sure what he meant by that because a calculation based upon social media exposure is based on appearances which can be counted. It may be that different people have different views as to the most relevant way in which such appearances can be valued by some of those methods used (for example ‘max add value’ or share of voice value) will have a repeatable methodology.

I accept that the calibre of the named athletes can be measured in a number of ways but it would be unrealistic (and contrary to the evidence in this case) that their calibre can not be measured.

I have therefore concluded that the New Balance offer on marketing was less favourable to Liverpool FC than the Nike offer because Liverpool FC cannot require New Balance, on the terms of its offer, to use global superstar athletes “of the calibre of LeBron James, Serena Williams and Drake”

It must follow that Liverpool FC is not obliged to enter into a new agreement with New Balance upon the terms of the latter’s offer.”

Mr Justice Teare also revealed that New Balance do not have the right to appeal, saying “I am not persuaded there is a real prospect of success.”

Read Liverpool Verdict

Rather than any manufacturing issues, it seems like Nike have won the battle to make Liverpool’s kits based on the fact that they can use some of the most famous faces on the planet to help market the kit.

This is excellent news for Liverpool who now havethe chance to become one of the most well-known sporting clubs in the world, with the likes of LeBron James, Serena Williams and Drake helping to promote the club.

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Ste Hoare

Ste Hoare

Managing Director at Fresh Press Media Ltd.

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