Author: Joseph M. Hanna

Joseph M. Hanna is the founder and chair of Goldberg Segalla’s Sports and Entertainment Practice Group and editor of the Sports and Entertainment Law Insider blog. With a national practice and industry-wide reputation for leadership, Joe is consistently ranked among the top 10 attorneys based in Western New York in Business First’s annual Legal Elite, and in 2015, Joe was the youngest honoree ever to be named Lawyer of the Year in the Bar Association of Erie County’s 130-year history. He was named a Rising Star by Law360 in 2014 and is also a member of the Mediator Panel for the U.S. District Court for the Western District of New York.

August 10, 2015 Intellectual Property, Copyright, and Trademark

How Close is Too Close? Under Armour Sues Over Alleged Trademark Infringement

Apparel giant Under Armour filed a lawsuit against Moonstone LLC, Titan Industries Inc., Internatonal Fashion Royalty Inc., and Carol De Leon in Maryland federal court on Thursday, alleging that they are infringing on Under Armour’s well-known trademark logo. The logo at issue is one used for sandal-clogg shoe hybrids known as “Floggs.”

A side-by-side comparison of the Under Armour logo and the Flogg logo does seem to reveal certain similarities, so the question is: how close is too close? Under Armour’s complaint states:

Defendants’ use …

August 8, 2015 Litigation

It Ain’t Easy Being Yellow: ‘Goodfellas’ Actor Loses Likeness Suit Over ‘Simpsons’ Mafioso Character Louie

On Thursday, August 7, the Los Angeles Superior Court ruled in favor of Fox Television Studios, Inc. with regards to a likeness suit brought by “Goodfellas” actor Frank Sivero. Sivero brought the suit back in October 2014, alleging that the TV show “The Simpsons” infringed his right of publicity with its character Louie.

Sivero had claimed that he created his “Goodfellas” character in 1989, during which time he shared an apartment complex with the writers of “The Simpsons.” He argued that after he told them …

August 7, 2015 Celebrities / Trademark

Can’t Shake it Off: Ongoing World Tour Doesn’t Exempt Taylor Swift from Depositions

There appears to be bad blood between award-winning music artist Taylor Swift and clothing company Lucky 13, which claims that Taylor Swift and her affiliated companies, such as Taylor Nation LLC and Taylor Swift Productions, Inc., infringed on the registered trademark “Lucky 13.”

A California federal judge ruled on Tuesday that despite her ongoing world tour, Swift will need to create a blank space in her schedule for a deposition. A representative for Swift claimed that Lucky 13 was just trying to cause trouble, stating:…

August 6, 2015 NFL

Breaking Phones and Taking Names: Tom Brady States at Hearing That He Usually Destroys Old Devices

At a hearing on Tuesday in front of a New York federal court, New England Patriots quarterback Tom Brady alleged that he usually destroys his old cellphones in order to protect his personal and business data.

The suit was originally filed by the National Football League Management Council (NFL) against the National Football League Players Association (NFLPA), and ultimately boiled down to a claim that Brady had engaged in conduct “detrimental to the integrity of, or public confidence in, the game of professional football[.]” The …

August 5, 2015 Concussions

Bring it Back Now Y’all: Judge Allows Previously Dismissed Claims to Continue After Amended Complaint

On Monday, August 3, a federal judge reinstated a number of claims in a false advertising putative class action lawsuit. The lawsuit was originally filed in December 2013 by parents and others who argue that they paid extra for Riddell football helmets, thinking they would do a better job than others of preventing concussions.

Chief U.S. District Judge Jerome B. Simandle had dismissed the suit back in January, but he gave the lawyers for the parents leave to file an amended complaint to clarify their …

August 3, 2015 Concussions / NHL

Pulling Back the Curtain: Judge Orders NHL to Produce Medical Records in Concussion Suit

On Friday, a federal judge from Minnesota granted a motion to compel the National Hockey League to produce medical records in a multidistrict concussion lawsuit filed by former NHL players.

The NHL had previously refused to produce such documents unless specific players gave their consent, claiming the information was protected by the Health Insurance Portability and Accountability Act, the Americans with Disabilities Act, physician-patient privilege, and the NHL collective bargaining agreement.

The judge opined that the disclosure of such information was permissible as long as …

July 30, 2015 Litigation / NCAA

An Uphill Battle: NCAA Embroiled In Federal Litigation On Multiple Fronts

The NCAA is under fire, defending cases in both the Northern District of California and the Ninth Circuit.

The California proceedings are now focused on attorneys’ fees – specifically, whether or not the NCAA has to pay them. Earlier this month, U.S. Magistrate Judge Nathanael Cousins, in an opinion that referenced the popular television series “Game of Thrones,” awarded Plaintiff Ed O’Bannon $46 million in attorneys’ fees. The NCAA opposed the award, claiming that O’Bannon’s legal team – which is comprised of over 30 …

July 30, 2015 Litigation / NFL

Home Field Advantage: Minnesota Judge Sends Brady’s Suit to New York Court

On Thursday, July 30, a Minnesota federal judge ordered the NFL Players Association’s lawsuit on behalf of Tom Brady back to New York. The NFLPA brought this suit against the NFL in an attempt to vacate the four-game suspension that was upheld upon appeal on Tuesday.

Immediately after NFL Commissioner Roger Goodell upheld the suspension, the league asked a federal judge in Manhattan to affirm the decision. Because the NFL took advantage of this “first-to-file” rule, the Minnesota judge ordered the transfer back to …

July 30, 2015 Celebrities / Litigation

Grocer Calls Foul, Argues for Sanctions Against Michael Jordan

On Monday, July 27, Jewel Food Stores Inc. told an Illinois federal judge that Michael Jordan and his attorneys should be sanctioned in his right of publicity suit. The lawsuit arose when Jordan accused the grocery chain of using his likeness without his permission in an ad featured in Sports Illustrated, and according to Jewel, Jordan has violated the court’s order to stop repeatedly asking for judgment.

In its response brief, Jewel argued that Jordan’s opposition to proposed jury instructions violates a court order that …