Gaining Momentum: Opposition in Redskins Lawsuit Enter Into Similar ‘Slants’ Case

Trademark

On Friday, July 24, Amanda Blackhorse and the other Native Americans challenging the Washington Redskins over the team’s trademark registrations jumped into a parallel case in the Federal Circuit.  The other case involves The Slants, a band that was refused a trademark in 2013 due to the name being offensive to Asian-Americans, and the en banc Federal Circuit’s decision could weigh heavily in the challengers’ case against the football team. The Slants are currently arguing that the government’s ban on disparaging trademarks violates the First Amendment, which is an identical argument to that of the Redskins.  Pro-Football Inc., the operator of the football team, previously jumped into the band’s case, filing an amicus brief to urge the court to declare the provision unconstitutional. Accordingly, Blackhorse and the other Native Americans ...
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Running Out of Air: NFL Commissioner Upholds Brady Four-Game Suspension

rugby-596747_640 (2) On Tuesday, July 28, NFL Commissioner Roger Goodell upheld the four-game suspension imposed on New England Patriots’ quarterback Tom Brady on May 11.  The NFL announced that Goodell’s decision to uphold the suspension was based on the Wells Report and evidence that came to light during the ten-hour appeal hearing last month. Specifically, Goodell noted that Brady’s destruction of his cell phone was a factor in upholding the suspension.  He explained how Brady had exchanged nearly 10,000 text messages during the four months that the phone was in use, but that none of them could be received due to the destruction of the cell phone.  Additionally, that destruction was not disclosed to investigators until June 18, almost four months after the investigators had first sought electronic information from Brady. Though ...
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Loose Lips Sink Ships: Yahoo Counter-Claims Against SCA Promotions For Allegedly Disclosing Confidential Information

lawsuit form On Tuesday, internet giant Yahoo Inc. asked a Texas federal judge to sanction insurer SCA Promotions Inc. and its attorneys for allegedly breaking confidentiality rules. Yahoo claims this violation occurred when SCA filed its motion for summary judgment and supporting documents in the publicly accessible online service known as PACER. Yahoo claims “In a blatant ploy to influence the jury pool, to resurrect a case with no basis and to garner some bizarrely needed but desperate notoriety, SCA has now violated the protective order governing the dissemination of discovery in this case for the third time … [w]ithout fail, SCA’s clear and repeated violations of the protective order garner additional one-sided press for SCA.” In response, Jeff Tillotson, an attorney for SCA, stated that “Yahoo has made a habit of ...
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Nintendo Beats the Game, Wins Patent Suit Over Game Boy Controls

patented grunge retro red isolated ribbon stamp On Friday, July 17, Nintendo Co. Ltd. emerged victorious in a patent infringement lawsuit brought by Quintal Research Group Inc.  The suit alleged that Nintendo’s handheld gaming systems, such as Game Boy Advance, Nintendo 3DS, and Nintendo DSi, infringed a patent owned by Quintal.  However, California federal judge Saundra Armstrong disagreed, awarding judgment to Nintendo. In 2008, Quintal secured a patent for a “computerized information retrieval system.”  As the patent proposes, this system is described as “having a generally rectangular shape, with a display screen on one side that has a frame with an ergonomic placement of finger controls including a pair of thumb controls on the top of the display with at least one of the finger controls being a cursor or pointer control.” Accordingly, Quintal informed Nintendo of ...
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Interference: NFL Sued After Cancellation of Fantasy Football Event

rugby-596747_640 Another day another lawsuit. Fan Expo LLC, a company with ties to Cowboys Quarterback Tony Romo, filed a suit in Dallas on Monday against the NFL after it allegedly interfered with a National Fantasy Football Convention that was supposed to take place earlier this month. Initially scheduled for July 10-12, the convention was planned to take place in The Venetian and feature NFL players including Tony Romo, Dez Bryant, Rob Gronkowski, Odell Beckham Jr., as well as a number of others. The lawsuit alleges that approximately five weeks prior to the event, NFL officials contacted people associated with the players who were supposed to attend, including agents and family members, to inform them that the players would be fined or suspended if they showed up. The suit further claims that ...
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Marcus Mariota – Conflict Inevitable in Contract Negotiation

iStock_000059239362_Full-150x150 In 2011, the National Football League and the National Football League Players Association reworked their collective bargaining agreement, which brought a major change to the structure of rookie contracts. Gone were the days of massive dollars for players yet to play a down in the NFL. In their place: structured, cookie-cutter deals that have a fixed compensation value based on which slot in the draft the player is selected. Every contract is for the same length of time as well. The goal was to streamline the process, eliminate long holdouts, and get young players on the field as fast as possible without long negotiations. In theory this seems simple. However, contracts, by nature, are never simple. For one, conflict is inherent in the nature of contract negotiation, as players continue ...
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Rochester Lancers Disband Over Concerns of Inflated Workers’ Compensation Costs

Indoor Soccer New York, frequently pointed to as one of the most expensive states for workers’ compensation costs and claims, has recently claimed victim to a professional soccer team due to rising insurance costs.  The Rochester Lancers, an indoor soccer team in the Major Arena Soccer League, disbanded due to a sharp rise in workers’ compensation insurance costs. In an impassioned open letter to fans, Lancers owner Salvatore “SoccerSam” Fantauzzo cited an 800% increase by the New York State Insurance Fund as reason for the team’s folding in July 2015.  Fantauzzo noted that for the first three seasons premiums were $20,000 yearly, however, on July 3, 2015, the team was advised that the new rate would be $200,000 with a $77,000 overcharge from last season.  Also cited were the facts that the ...
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Hold Everything: NCAA Seeks To Stay Deferred Payments to Players

http://www.dreamstime.com/stock-images-gavel-image21788164 On Friday, July 17, the NCAA asked the 9th Circuit Court of Appeals to pause an injunction that allows college athletes to receive deferred compensation for the use of their names, images, and likenesses.  Under the injunction, the NCAA must allow for schools to pay football and men’s basketball players up to the federally defined cost of attendance, plus $5,000 per year for use of their names and likenesses, starting on August 1. The NCAA immediately appealed Judge Claudia Wilken’s ruling, and oral arguments were heard back in March.  However, the circuit judges have given no indication as to when they might announce their ruling, and Judge Wilken’s injunction takes effect on August 1, the start of the football and basketball recruiting cycle for the 2016-17 season. Donald Remy, the ...
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Texas Supreme Court Agrees to Hear Golf Channel Ponzi Scheme Question

iStock_000003352653_Large (2) In 2012, R. Allen Stanford, a former financier and professional sports sponsor, was convicted of various fraud, money laundering, and conspiracy charges based on his role as the head of massive Ponzi scheme.  His more than $7 billion certificate of deposit fraud landed him in prison for 110 years.  Since that time, a court-appointed receiver has been attempting to recover the money from various sources. While the fraud was ongoing, it got so large that Stanford used mass marketing to get the word out about his investment “opportunity.”  One of Stanford’s entities became the title sponsor for the “Stanford St. Jude’s Championship” – a PGA event.  As a title sponsor of the event, The Golf Channel offered the Stanford entity advertising packages.  Through this package, at a cost of $5.9 ...
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