Oakley v. Rory McIlroy and Nike: Enforcing Rights Of First Refusal In Endorsement Agreements

BY OLIVER HERZFELD, FORBES IP COUNSEL, MARCH 19, 2013 - Sport and lifestyle brand Oakley recently commenced a lawsuit against Rory McIlroy and Nike, claiming McIlroy entered into a broad “head to toe” equipment, apparel and footwear endorsement agreement with Nike in breach of the right of first refusal provision in his prior endorsement agreement with Oakley that expired on December 31, 2012.