Nike Inc. v. Champion Products Inc.

MEMORANDUM *

This case involves a contract dispute between NIKE and Champion. NIKE had an exclusive contract with Gary Pay-ton, a professional basketball player. The contract was, however, subject to certain exceptions. Champion argues that those exceptions allowed it to utilize Mr. Payton in some of its advertisements. The district court granted summary judgment in Champion’s favor and NIKE appeals. An additional issue on appeal is whether the district court improperly limited NIKE’s discovery of Champion’s profits. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm. Because the parties are familiar with the factual and procedural history of the case, we do not recount it here except as necessary to explain our decision.

I. Summary Judgment

The court’s decision to grant summary judgment on a contract claim is reviewed de novo. See Kassbaum v. Steppenwolf Prods, Inc., 236 F.3d 487, 491 (9th Cir. 2000) (noting that “[sjummary judgment is appropriate when the contract terms are clear and unambiguous, even if the parties disagree as to their meanings”). We must determine, viewing all evidence and all reasonable inferences in the light most favorable to the nonmoving…