- A fan in Florida has filed a lawsuit against adidas claiming the company falsely labeled its jerseys as authentic.
- His 20 page complaint seeks for his case to be certified as a class action lawsuit for other authentic jersey customers.
- Read about more unusual lawsuits here.
Have you ever purchased a jersey that a company claimed was authentic only to realize that what the pros actually wear is nothing like what you just bought? Florida man David Inouye has and he’s not going to take it anymore.
Inouye and his Florida attorney Will Wright have filed a lawsuit against adidas hoping that it will be turned into a class action suit so that all of the other people who feel duped by so-called “authentic jerseys” can join him in his fight.
What’s really on trial here is the word “authentic” as apparel manufacturer’s and retailers all seem to have different definitions of the word. It also varies by sport.
According to a report by Sportico, Dick’s Sporting Goods defines an authentic hockey jersey as “the on-ice apparel worn by your favorite professional team.” Fanatics.com says authentic hockey jerseys feature “the same details” that players wear on game day. While Adidas.com describes an authentic hockey jersey as “like the one” players wear for home games.
The lawsuit against adidas points out numerous differences between their “authentic” NHL jerseys and what the pros wear
Inouye’s complaint contends the “authentic” and “authentic-pro” jerseys advertised to consumers are different—and far inferior. The fabric, stitching and cut are all described as distinct, leading to a product that is portrayed as less thick, less durable and tighter. The complaint also refers to smaller dimples, which allegedly render the jersey “less efficient at dealing with moisture and airflow than those worn by NHL players.” A different country of production, Indonesia versus Canada, is also mentioned. As told by Inouye, Adidas jerseys fail to “conform” to the company’s “affirmations of fact and promises.”
Inouye says he relied on Adidas’ assurances that the jerseys were authentic. He was “disappointed” to discover they were not, as he sees it, “authentic,” a term he understood to mean “genuine and substantially similar or identical to those worn by NHL players.” He maintains that Adidas has violated Florida’s consumer protection statute and the federal Magnuson Moss Warranty Act; breached contracts, express warranties and implied warranties; and engaged in negligent misrepresentation, fraud and unjust enrichment.
The lawsuit claims 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.
View the entire 20 page lawsuit, including screenshots of the jerseys on adidas and Fanatics’ websites, here.