| NEW YORK, April
13 (Reuters) - Legendary rock and roll star Bo Diddley has sued sneaker
giant Nike Inc . for using his name and image without permission.
The 71-year-old musician,
whose real name is Ellas McDaniel, sued Nike late Wednesday in Manhattan
federal alleging Nike made hundreds of thousands of dollars in revenues
from sales of T-shirts bearing Diddley's name, likeness and the
inscription "You Don't Know Diddley" without authorization.
The suit seeks unspecified
compensatory and punitive damages.
"This is a clear case
of the big bully picking on the little guy. Apparently Nike really doesn't
know Diddley," said Margo Lewis, President of Talent Source,
Diddley's management company.
Vada Manager, a senior
official with Beaverton, Oregon-based Nike, said that the company was in
the process of negotiating with Diddley's lawyers and has authorized
offering a royalty payment of between $10,000 and $15,000. He said he did
not think Diddley's lawyers had received the offer yet.
John Rosenberg, one of
Diddley's lawyers said that negotiations had broken off in March "We
rejected their proposal. ... We've had no communication with them in about
a month."
"We stand by the
lawsuit and we intend to proceed," he said.
The suit alleged that in
1989 Diddley and Nike entered into a two-year agreement that resulted in a
highly successful promotions campaign featuring television commercials
with Bo Diddley and sports star Bo Jackson. Under the agreement, Nike also
produced T-shirts with Diddley's name, likeness and the slogan "You
Don't Know Diddley."
The agreement expired in
1991 and the parties could not agree on a new contract to reissue the
shirts. Diddley learned in July 1999 that Nike was allegedly selling the
shirts at retailers, catalogs and on the Internet without his permission.
His lawyers allegedly
contacted Nike and told them to stop selling the shirts, but Nike
allegedly ignored the demand. |