Moving Day: Oakley’s Lawsuit Against McIlroy Highlights Challenges of Rights of First Refusal

By Sunny Brenner of Loeb & Loeb LLP   At the start of 2011, the sunglasses maker Oakley signed a two-year endorsement deal with Rory McIlroy. The agreement paid McIlroy an estimated $6 million for the term of the agreement, which covered “eyewear, apparel and accessories,” and was set to run through the end of 2012. In addition, the contract included a right of first refusal, which afforded Oakley the opportunity to retain McIlroy as an Oakley endorser beyond 2012 by matching any offer