Inouye V. Adidas Flashcards
Who is the plaintiff?
David Inouye
Who is the defendant?
Adidas America Inc
What is the issue of the Tort Case?
A class action complaint against how a product is falsely advertised as authentic
Where are the physical differences between the jerseys
Cuts of the jersey are tighten than NHL jerseys.
Fabric is half the thickness of jerseys worn by NHL players.
Stitching is weaker and less durable.
Neck hole and ‘dimples’/small holes are smaller.
Where are the two jerseys made?
The duplicate is made in Indonesia and the original is made in Canada
What is the cost of the jersey?
The cost of it is $179.99 excluding tax and sales.
What is the background of the Plaintiff?
A citizen of Gibsonton Hillsborough Country Florida. Plaintiff purchased the product on more than one occasion and believe the product was authentic.
What is the background of the Defendant?
Parent company is Adidias AG (German multinational sportswear corporation) founded and headquartered in Bavaria in 1949. Adidas American Inc. is a Oregon coronation with a principle place in Portland, Oregon.
What are the arguments the plaintiff states?
The arguments are as followed.
The terms if the contract provided that the Product was authentic, however the Defendant breached the contract because the product did not meet the terms. The product was manufacued, identified, sold with an implied warranted to the Plaintiff. Defendant had a duty to discose provide non deceptive descriptions, and had a duty to truthfully represent the product which was breached.
The representation took advantage of consumers cognitive shortcuts made at
the point of sale and trust in the Defendant. They mis-represent and omitted the attributes and qualities of the product, that it was authentic, understood as being and substantially similar /identical in NHL jerseys.
Defendant obtained benefits and monies because the product was not represented as expected and obtained an inequitably of profits.
What is the plaintiff pray for in the judgement?
The plaintiff prays for the rollowing judgments.
Declaring this a proper class action, certifying plaintiff as representative and the undersigned as counsel far the class.
Entering preliminary and permanent injunctive relief by directing the defendant to correct the challenges practices to comply with the law.
Injunctive relief to remove, correct/refrain from the challenged practices &
representations, and restitution & disgorgement for members or the class pursuant to applicable laws.
Awarding monetary damages, statutory and/or punitive damages.
Awarding cost & expenses
Including legal fees and further relief.
