The plaintiff in this case was Marck Kasky who filed a suit against Nike the defendant for what he believed to be false and misleading advertising.
The appellant Mark Kasky filed an appeal against Nike the appellee.
Trial court was won by Nike,
At the lower appellate level the decision was for Kasky
In the case neither Nike nor Kasky won. The law suit ended in a settlement although Nike had to pay.
The plaintiff filed a suit against Nike because he objected to a campaign by Nike that it had improved conditions on its overseas plants.
The Plaintiffs theory was that he thought Nikes campaign was of a commercial speech nature and was not protected by the law and subject to government regulations and making it subject