ALBANY, N.Y. (Legal Newsline) - Adidas is asking a federal judge to throw out a proposed class action lawsuit brought by a customer who complained that his "authentic" Edmonton Oilers hockey jersey wasn't exactly like the jerseys worn by players.
Adidas filed its motion to dismiss Dec. 5 in New York federal court in a lawsuit brought by plaintiff Ryan Smith and attorney Spencer Sheehan, who sued the company on July 26 under New York law. Though it lists several differences between the for-sale jerseys and team jerseys, the lawsuit fails to include the necessary specifics to survive dismissal, adidas said.
"Plaintiff's identification of the purported misstatements is limited to three undated images purporting to be from adidas' website, a screenshot from a third-party website unaffiliated with adidas, and a quote from another unaffiliated third-party website, paired with an allegation that he 'read, reviewed and relied on Defendant's representations that the jerseys '(were) the same as the one(s) (Oilers) players wear when the puck drops' on the ice," the motion says.
"At some instances, Plaintiff claims to have purchased one jersey, while at other junctures he suggests that he purchased multiple jerseys. Although Plaintiff alleges that he relied on adidas' alleged statement about Edmonton Oilers jerseys in making his purchase, he does not allege that he ever purchased an Oilers jersey."
The lawsuit says adidas sold more jerseys at higher prices than it would have if it revealed the two types of jerseys were not exactly the same. Gripes begin with the so-called "fight strap" - an attachment that keeps the jersey from being pulled over the player's head during a fight.
"In the on-ice jersey, the fight strap contains a double layered reinforced base, while it is affixed through a single stitched layer in the authentic jersey sold to Plaintiff and consumers," the suit says.
It also complains that the fabric in authentic jerseys is half the thickness of on-ice jerseys and that the stitching is weaker and less durable.
As for the word "authentic," adidas says, as the official supplier for the NHL, all its jerseys are authentic.
"An officially licensed and manufactured product is, by definition, authentic," the motion says.
Adidas faces a similar case in Florida federal court. It asserts claims under each state's consumer protection statute.
Adidas filed a motion to dismiss on July 5. It is still pending.