Edgy Sponsorship Deals Featuring Outspoken Athletes the in Thing

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VOLUME 165, NO. 154 Edgy sponsorship deals featuring outspoken athletes the in thing

An increasing number of U.S. athletes the most supportive of receptions. U.S. and sponsors are teaming up to embrace African American track gold and bronze hot-button social justice issues and actively medalists Tommie Smith and John Carlos, court controversy, following the high-pro - for example, sparked outrage when they file trail blazed by Nike and former bowed their heads and raised their fists at National Football League quarterback the medals ceremony during the national Colin Kaepernick. anthem at the 1968 Olympic Summer Is this a short-term trend or the begin - Games in Mexico City. ning of a new era in sports marketing? Smith and Carlos were speaking for Procter & Gamble, through its Secret themselves; Kaepernick is backed by Nike. women’s deodorant brand, has partnered S P O RT S The sports apparel giant has managed to with the U.S. women’s national soccer MARKETING PLAYBOOK make provoking debate a viable advertis - team to promote gender equality in DOUGLAS N. MASTERS and ing strategy. Nike weathered a storm of sports, especially equal pay for female ath - SETH A. ROSE criticism for making Kaepernick and his letes. The company earlier this year social justice views the face of the com - announced a campaign for equal pay fea - DDOUGLASOUGLAS N. MASTERS iiss a parpartnertnertner at LLoeboeb & LLoeboeb LLP,LLPP,, pany and survived protests by angry cus - turing the 2019 World Cup champions that where he litigates and counsels clients primarily in tomers who burned Nike shoes and swore intellectual properproperty,tyy,, adveradvertisingtising and unfair included a full-page ad in The New York ccompetition.ompetition. He is co-chair of the firmfirm’s intellectual off the company’s products. Times and a $529,000 donation to the propertyproperty protection group. [email protected] Industry watchers have speculated that SETH A. ROSE isis a partnerpartner at the firm,firm, where he team’s players’ association. counsels clients on programs and initiatives in Nike is unique in being able to use ath - The amount represents an additional advertising,advertising, marketing, promotions, media, letes’ protests over social injustices to its sponsorships,sponsorships, entertainment,entertainment, branded and integrated $23,000 for each of the 23 players on the marketing, and social media. [email protected] advantage, citing the company’s market World Cup team to help make up for the dominance and status as the NFL’s official pay disparity between the men’s and The BodyArmor spot capitalized on apparel sponsor. women’s teams, according to P&G. Rapinoe’s reputation as the outspoken Its prime customer base also happens to It’s a bold, new stance for the Secret LGTBQ advocate who once called herself be young men living in cities, who are brand, which has long promoted women’s “a walking protest.” She was, in fact, one more likely to support Kaepernick’s anti- empowerment and participation in sports of the first Caucasian athletes to kneel dur - police brutality message. but has not made such a pointed state - ing the national anthem in solidarity with Nike, which first signed Kaepernick in ments in the past. Kaepernick’s protests against police bru - 2011, has also forged a deeper endorse - In advance of the World Cup, Secret tality against African Americans. ment relationship in which Kaepernick is partnered with the team as part of its “All Nike is also a sponsor of the women’s more than just a paid spokesman. Strength, No Sweat” campaign and created team. Moments after the team won its Kaepernick’s input has helped shape the a video featuring team forward Alex Mor - fourth World Cup title, the company aired direction of Nike’s marketing campaign, gan encouraging women and girls to cheer a 60-second video paying tribute to the such as when he advised the company each other on in their endeavors. team and its athletic accomplishments and earlier this summer to ditch a new In another example of brands support - highlighting the impact the team has had sneaker design that included the Ameri - ing athletes and their causes, the women’s off the pitch, all with the empowering can Revolution-era U.S. flag with 13 stars team co-captain and winger Megan Rapi - message “women will conquer more than in a circle. noe starred in a short ad for sports drink just the soccer field.” Nike quickly scrapped the design when maker BodyArmor. Rapinoe, a self-pro - In the past, many brands have preferred Kaepernick said the “Betsy Ross” flag car - claimed “activist” who may be as well to play it safe by steering clear of contro - ries a perceived connection to slavery. The known for her war of words with President versy. move sparked both a fresh round of out - Donald Trump as her goal-scoring skills, is Athletes, on the other hand, have been rage from segments of the public and a also a leading proponent of equal pay for using their platforms to express their renewed commitment by Nike and female athletes. beliefs for decades — not always garnering Kaepernick to their shared message.

Copyright © 2019 Law Bulletin Media. All rights reserved. Reprinted with permission from Law Bulletin Media. Will other brands follow Nike, P&G and On the other hand, the public is gener - file athletes that share similar outlooks BodyArmor’s lead? ally becoming more receptive to market - on sensitive social issues as the brand’s Nike has proven it’s possible for a com - ing campaigns with political or social core customer base and consider the pany to survive a firestorm of criticism and implications. Nearly three-quarters, or 74 endorsement relationship a long-term public protests and remain on top. percent, of consumers surveyed around commitment. Protests against the sports apparel giant the world last year said they expect However, the partnership model cre - eventually died down and ultimately the brands to take a stand on “important ated by Nike, P&G and BodyArmor likely company experienced a positive impact on issues,” according to WE Communica - won’t work for everyone. Capitalizing on its sales. A smaller company without Nike’s tions. That figure rose 4% over the previ - social controversy to win over like-minded history of supporting activists and social ous year. consumers will require brands to take a causes might have a harder time taking a It’s clear that brands looking to follow firm stand on their beliefs as well as their comparable marketing risk. the leaders should align with high-pro - tolerance for risk.