Symmonds won't sign contract requiring him to wear Nike at all team functions, threatens to sue if USATF kicks him off WC team

I wonder if there is any precedence for this. At first I thought he was refusing to wear the uniform to compete in, but now that I see it's just outside events, that seems like a slightly different animal.

Glad to hear he isn't arguing racing in the Nike USA Uniform.

I do agree with him that pushing the dates further away from the actual competition can lead to devaluing contracts that non Nike athletes have. Why would non Nike companies sponsor athletes if there is a long window that they can't even get a return on their investment? Nike pays for them to race in their Nike USA singlet, but they shouldn't hold the athletes hostage for multiple weeks.

I've only thought about it for 5 minutes or so, but I think there is probably a way that he can mount a legal challenge to this policy while still signing the contract and being on the team. I believe the main issue is probably whether the USATF is allowed to force athletes to do this under the Ted Stevens Olympic and Amateur Sports Act. And that law might have its own procedural hoops he needs to jump through.

But to me, it seems far too risky to not sign and get left off the team. If he wants to challenge it, he should have already filed a declaratory relief action and a temporary restraining order in order to try and preserve his rights while still allow the possibility of being on the team. At this point, however, if I were him, I'd sign it while making clear that he believes it is unlawful and that he will challenge this policy after the fact. He may have a mootness issue, but I think he could still make an argument for damages and bring a case.

He posted on Instagram a link to a story that due to him not being a Nike athlete, USATF is trying to kick him off the team and not allow him to compete at Worlds.

"Symmonds will not sign a contract requiring him to wear Nike-branded gear during all team functions throughout the trip -- first to Japan to train and then to the Beijing competition -- which starts Aug. 22. He said signing the contract would violate his own contract with personal sponsor Brooks Running, which he joined in January '14 after leaving Nike. USATF says he is off the team if he does not sign by Sunday."

http://www.sportsbusinessdaily.com/Daily/Issues/2015/08/06/Marketing-and-Sponsorship/USATF.aspx

I should add that my previous comment was entirely about the procedure of his strategy. I'm not sure whether a lawsuit would have any merit, although I think the answer could be found by taking a close look at the Ted Stevens Olympic and Amateur Sports Act. I'm having a hard time imagining a common law cause of action that would apply and have a decent chance of success (especially since that Amateur Sports Act could preempt the field).

I think you're taking words out of context a little bit here.

Attempting to "kick him off" and "not let him on the team" are two completely different scenarios.

Does anybody know how the logo enforcement has adapted through time? Did they start out with only making the athletes wear the USA Nike clothing during competition and slowly progress to a black out period of a few weeks?

He does have a point, is there a rule currently that prevents USATF from wearing Nike USATF only clothing over a set amount of time or could they continue to push it out to 2,3, or even 4 weeks surround the World Champs and Olympics?

These issues should be addressed and looked at to ensure USATF isn't taking advantage of the athletes for their own financial benefit.

I believe the main issue is probably whether the USATF is allowed to force athletes to do this under the Ted Stevens Olympic and Amateur Sports Act.

They granted all IOC sports a monopoly. It would be great if he could win his argument, but I doubt it.

pop_pop! wrote:

I believe the main issue is probably whether the USATF is allowed to force athletes to do this under the Ted Stevens Olympic and Amateur Sports Act.

They granted all IOC sports a monopoly. It would be great if he could win his argument, but I doubt it.

Maybe there could be an argument that the USATF is improperly restricting eligibility requirements beyond that required by the international governing body? Could USATF prohibit athletes from signing contracts with companies to retain eligibility? Probably not. So there might be a line somewhere, but it could be a tough fight. I'd guess Symmonds would have a 20-30% chance of prevailing here, which is high enough to try and bring a case after the fact, but not high enough to stay off the team for in my opinion.

It also looks like the Amateur Sports Act requires that all administrative procedures be exhausted if there is a complaint first, and it also requires arbitration, so Symmonds would likely have a long battle before he could get a judge to hear his case.

I'll bet that he could have not signed, and gone anyway.

They could have complained and he could blame an administrative error, send me another contract, etc, etc..

Delay, Delay, Delay.

or... Sign the contract, take your own clothes, wear what you want anyway.

Screw USATF and Nike eternally.

I really like where Symmonds' heart is here.

But I don't know how much of a case he has.

You figure that this would have come up before with Olympic basketball players who are sponsored by other shoe companies but have to wear the USOC sponsored equipment.

If Adidas invests $200m to sponsor James Harden, you think they would lobby hard to prevent him from wearing only Nike off the court at the Olympics or something.

Brooks doesn't have that kind of investment in Symmonds.

Symmonds skipped the European meets to minimize travel and prepare for Beijing.

It would be a shame to see him left home.

Star wrote:

I really like where Symmonds' heart is here.

But I don't know how much of a case he has.

You figure that this would have come up before with Olympic basketball players who are sponsored by other shoe companies but have to wear the USOC sponsored equipment.

If Adidas invests $200m to sponsor James Harden, you think they would lobby hard to prevent him from wearing only Nike off the court at the Olympics or something.

Brooks doesn't have that kind of investment in Symmonds.

Symmonds skipped the European meets to minimize travel and prepare for Beijing.

It would be a shame to see him left home.

I really hope Symmonds sticks to his guns, doesn't sign, stays home and fights USATF in court. While he's not competing in Beijing, he can find other ways to race while wearing Brooks + other sponsors' attire and really drive home the point of how bad the USATF / Nike deal is for athletes.

He could get MUCH more attention from the national press by staying home and fighting then he could ever get for competing [even winning] in Beijing

And of course, his chances of winning are pretty much 0, his chances of medaling are, what, 5%? I'd say he's less than 50/50 to make the final.

define "team function" please

If Nick is kept off the team that is Nick's choice. This is not the 1st time he has been on a US team and I am sure this this not a few form. And even if it is a new form USATF is not trying to keep him off the team if he does not sign it he is taking himself off the team.

I'd hate to see him miss out on the chance to compete.

Even a successful suit doesn't get that back for you.

But he's already made 5 or 6 national teams and I agree that it is quit a stretch to think he will medal again.

I agree he would get much more attention if he boycotts.

However, I don't think it will ultimately change much.

Michael Jordan had to wear the Reebok warm-up for the 92 Olympics but draped the flag over the Reebok logo to cover it up when they were on the podium.

Symmonds is no Michael Jordan.

Two-time Olympic runner Nick Symmonds said that he will sue USA Track & Field if the NGB keeps him off the national team for this month’s IAAF World Championships over a sponsorship dispute. Symmonds will not sign a contract requiring him to wear Nike-branded gear during all team functions throughout the trip -- first to Japan to train and then to the Beijing competition -- which starts Aug. 22.

Link (free):

http://www.sportsbusinessdaily.com/Daily/Issues/2015/08/06/Marketing-and-Sponsorship/USATF.aspx?ana=SBD%20Email

Crowd fund it Nick. I've got $20 to chip in for the case.

Nike/USATF has no right to ask an athlete to wear their crap at anything that they are not paying for. However if the training camp is being paid by Nike/USATF then they are totally into forcing the athlete to wear the crap.

No athlete has to participate in the Japan camp. An athlete can create their own training venue and foot the bill and wear whatever they want.