(CHICAGO) Michael Jordan threw his star power behind his legal feud with Dominick’s on Tuesday, spending hours at Chicago’s federal courthouse with potential jurors who could decide how much the grocer owes him for using his name without permission in an ad.
A line filled with budding lawyers in suits and teenagers in sneakers — all hoping to catch a glimpse of the Chicago Bulls great — stretched by late morning from the courtroom of U.S. District Judge John Robert Blakey past the courtroom next door, the Chicago Sun-Times is reporting.
But it turned out not even Jordan could keep spectators in their seats for the tedious process of jury selection.
By the time the attorneys finished picking a jury of six men and six women roughly eight hours later, six people remained in the gallery.
A crowd of adoring Chicagoans greeted Jordan on South Dearborn when he finally emerged from the Dirksen Federal Courthouse at the end of the day, though. And he’s expected to return and testify as the trial gets underway. Opening statements are expected to begin late Wednesday morning.
Jordan towered over his lawyers in a light gray suit and black tie when he first arrived on the 17th floor of the courthouse.
Rules prohibit photography anywhere but in the lobby, and U.S. Marshals gave stern warnings to people who instinctively raised their cellphones to snap a pic.
When jurors finally filed into Blakey’s courtroom, a few of them let their eyes linger on Jordan, who stood at the plaintiff’s table with his legal team. Soon after the jury pool arrived, introductions began.
“The plaintiff in this case is Michael Jordan,” Frederick Sperling, Jordan’s lawyer, said as he motioned to his celebrity client.
Jordan’s lawsuit against Dominick’s revolves around an ad published by the now-defunct grocer six years ago.
Safeway, the conglomerate that owned the grocer, accepted free ad space in a 2009 limited-edition issue of Sports Illustrated magazine published to commemorate Jordan’s induction into basketball’s Hall of Fame.
The ad congratulated Jordan, used his name and number “23,” and declared, “you are a cut above.” At the bottom, the grocery chain threw in a $2 off coupon for a Rancher’s Reserve Steak. Only two were redeemed. Jordan’s ensuing lawsuit accused Dominick’s of using his name without his permission.
U.S. District Judge Milton Shadur ruled in 2012 that Safeway violated the Illinois Right of Publicity Act, records show. So now lawyers are going to trial over damages.
The glamour of Tuesday’s proceedings quickly wore off as the judge and lawyers took turns questioning jurors.
Three teenagers who stood near the front of the line to get into the courtroom eventually slumped down in their seats, although they stuck around in hopes of getting Jordan to sign their basketballs.
Meanwhile, the questioning inevitably turned to memories of Chicago in the 1990s.
“How many of you are Bulls fans?” Stephen Rosenfeld, an attorney for Dominick’s and Safeway, asked one group of jurors.
Four hands shot up. More joined them when Rosenfeld asked if any of the potential jurors watched Jordan play for the Chicago Bulls.
But Jordan watched those hands disappear when Rosenfeld asked how many considered Jordan an “idol” or “hero.”
Jordan sat patiently through it all and sometimes slipped on a pair of glasses to read paperwork. He chuckled with potential jurors as they joked about watching Nickelodeon with their kids and complained about their bosses. One stumbled over her words as she sheepishly tried to explain in front of Jordan that she didn’t pay much attention to his theatrics in the 1990s.
In the end, lawyers chose 12 jurors and one alternate. The jury includes several runners — including one who claimed an “awesome” marathon time — a hunter, a pianist, a home-brewer and a nurse who said she watches “all those trashy TV shows on Bravo.”
Before jury selection even began, the judge heard arguments from as many as seven lawyers. The price of using Jordan’s name and likeness is expected to be a key issue in the trial. And as a result, the value of his various endorsement deals could be revealed.
The danger that other sensitive details could leak out prompted Nike, Gatorade, Upper Deck and 2K Sports to ask the judge to go so far as restricting public access to the courtroom to protect their trade secrets. Their lawyers eventually agreed to a compromise designed to keep the full contracts from being disclosed.
“I’m not going to close the courtroom,” Blakey ruled Tuesday morning. “But I’m also not going to disclose trade secrets in open court.”
— Chicago Sun-Times
