Joseph M. Hanna

All articles by Joseph M. Hanna

 

Nike ‘Jumps’ Over Photographer Who Sued Over Iconic ‘Jumpman’ Logo

   Nike’s namesake comes from the Greek Goddess of Victory and the sportswear giant once again lived up to their legendary name by scoring a second victory in the Ninth Circuit. The Sports Law Insider has previously reported on the three-year suit between photographer Jacobus Rentmeester and Nike over the iconic Jumpman Jordan logo. The action started back in January 2014 when Rentmeester filed suit against Nike for copyright infringement. The iconic logo shows Michael Jordan in a common ballet pose known as the grand…  

WWE and Take-Two Interactive Move to Dismiss Tattoo Artist Copyright Infringement

On July 9, 2018, World Wrestling Entertainment Inc. (WWE) and Take-Two Interactive Software Inc. (Take-Two) moved to dismiss the suit brought by Catherine Alexander, a tattoo artist for professional WWE wrestler Randy Orton. As we have previously reported, Alexander, sued WWE and Take-Two claiming that several video games in the WWE 2K series illegally copied Alexander’s copyrighted tattoos in the Randy Orton game avatar. Between 2003 and 2008, Alexander created several tattoos for Orton, including tattoos on his upper back, forearms, upper arms, and…  

Parents Try To Quash Pop Warner Subpoena

The Sports Law Insider has previously reported on the class-action suit started by parents whose sons played Pop Warner football as children and subsequently were found to suffer from chronic traumatic encephalopathy (CTE) after their deaths. The original complaint accused Pop Warner of failing to monitor games, practices, rules, equipment, and medical care to minimize long-term risks associated with brain injuries, failing to accurately diagnose brain injuries, and failing to approve the best equipment available. The complaint also accused USA Football of promoting safety programs…  

Update: NCAA $75 Million Settlement Delayed Again

On July 2, 2018, in a joint motion, both parties in the NCAA $75 million concussion settlement asked the court to, once again, push back a final hearing in the $75 million settlement. The parties asked the court to push back the hearing for the same reasons that settlement has been delayed over the past several months, not all of the possible class members have been provided proper notice regarding the settlement. If the judge grants the motion, it will be the sixth time…  

Update: University of Maryland Basketball Subpoenaed in NCAA Corruption/Bribery Case

On July 6, 2018, the University of Maryland Men’s Basketball team responded to Federal Grand Jury subpoenas requesting records in the NCAA Corruption/Bribery Case. Specifically, the Grand Jury asked Maryland for records regarding an unidentified former player, assistant coach Orlando “Bino” Ranson, and Silvio De Sousa, a recruit who ultimately attended the University of Kansas. After responding to the subpoenas, Maryland made a public statement that read, “[t]he University has cooperated and will continue to cooperate fully with the ongoing federal investigation.” As we have…  

NFL Hall of Fame Sues Construction Company and Subcontractors

The NFL Hall of Fame recently sued a contractor and two subcontractors blaming them for poor filed conditions that led to the cancellation of the 2016 Hall of Fame Game. Each year, the NFL Hall of Fame Game holds an exhibition game on the same weekend that the NFL Football Hall of Fame inducts new members. This year, the Baltimore Ravens and Chicago Bears will face off on August 2, 2018, but in 2016, the game between the Green Bay Packers and Indianapolis Colts was…  

Update: Former Yankees Player’s Negligence Suit to Stay in State Court

As we have previously covered, former New York Yankees outfielder, Dustin Fowler, sued the Chicago White Sox in February 2018 after his first ever major league game ended in injury on the White Sox field.  While chasing a foul ball, Fowler ran full speed into what would normally be a padded wall, but what was actually an unpadded metal electrical box that was unapparent to him prior to impact.  Fowler sued the White Sox, claiming that the team negligently installed the box such…  

Update: Additional Delays in NCAA Concussion Suit Prompt Joint Request for Independent Audit

As we have reported, the NCAA’s concussion settlement continues to experience delays due to difficulties in reaching potential claimants.  The initial suit was brought after a class of student athletes alleged that the NCAA did not adequately prevent or diagnose concussive injuries.  The settlement has been valued at approximately $75 million, to include a $70 million fund for evaluating concussive injuries over the next 50 years. On July 2, 2018, the NCAA and counsel for the class of plaintiffs filed jointly to postpone a…  

NCAA Asks Ninth Circuit to Adhere to Seventh Circuit Ruling

On June 29, 2018, in a letter, lawyers representing the NCAA asked the Ninth Circuit to adhere to the Seventh Circuit’ recent decision and not revive a proposed wage-and-hour class action lawsuit brought by former NCAA football player, Lamar Dawson. The lawyer’s asked the Ninth Circuit to adhere to the June 25, 2018 Seventh Circuit ruling that upheld the NCAA’s controversial “year-in-residence rule.” The rule mandates that if a student athlete transfers from a division one institution to another division one institution, they are…  

Major Sports Leagues Band Together Against Merchandise Counterfeiters

Three major sports leagues, among others, have recently banded together to put an end to a purportedly massive online circuit of sports merchandise counterfeiters using the leagues’ distinctive trademarks.  On July 2, 2018, NBA Properties, Inc., MLB Advanced Media, L.P., NHL Enterprises, L.P., IMG College Licensing, LLC, and the Board of Regents of the University of Nebraska (Plaintiffs) filed suit against an undisclosed list of foreign defendants for alleged trademark infringement. Plaintiffs contend that the online stores are selling their products by using their distinctive…  

Vijay Singh Moving Closer to Trial on Opposition of Doping Suspension

In September 2017, the Sports and Entertainment Law Insider reported that Vijay Singh’s lawsuit against the PGA Tour was heading for trial. That conclusion became clearer as a
New York appellate court affirmed a decision to deny the PGA Tour’s motion for summary judgment on Thursday, June 21, 2018. Singh was suspended by the PGA in 2013 for allegedly violating the tour’s anti-doping policy. Believing he was abiding by all rules, Singh discussed using deer-antler spray to aid pain in a Sports Illustrated article. Singh…  

Former Florida Circuit Judge Faces Disciplinary Action Over Tampa Bay Tickets

On June 22, 2018, a referee’s report was returned regarding former Florida circuit court judge John Lakin and his use of baseball tickets that had been gifted to him by counsel while their motion was pending in his court. While presiding over a personal injury case in 2015, Lakin returned a defense verdict.  The next day, Lakin was offered Tampa Bay Rays tickets from plaintiff’s counsel, whose firm was known to regularly give such tickets out within the legal community.  Lakin accepted.  About a week…  

University of Arkansas Files Suit Against Counterfeit Retailers

On Tuesday, June 26, 2018, the University of Arkansas’ Board of Trustees filed a suit seeking to stop a “massive network” of counterfeit websites selling fake or unregistered Razorback merchandise. The suit was filed in U.S. District Court, in the Northern District of Illinois. Defendants are not named, but are described as retailers “residing in China” or “other foreign jurisdictions”, operating “without any authorizations or licenses”. These phony retailers are extremely successful, as the complaint alleges that they receive tens of millions of visits per…  

UPDATE: 7th Circuit Declines to Revisit its Decision in Late NHL Player’s Wrongful Death Suit

On June 25, 2018, a panel of three 7th Circuit judges voted to deny a rehearing in the wrongful death suit filed on behalf of the late NHL player, Derek Boogaard. As we have continued to cover since 2013, the case was originally dismissed largely due to procedural and technical defects, rather than the merits and alleged facts of the case. Boogaard died in 2011 following an accidental overdose of pain medication and alcohol. He was 28 years old. A posthumous diagnosis revealed that Boogaard…  

Rhode Island All In On Sports Gambling

Rhode Island has become the third state to pass sports betting legislation. The Sports Law Insider has previously reported on both Delaware and New Jersey’s approved gambling legislation. Now, on Friday, June 22, Governor Gina Raimondo signed Rhode Island’s fiscal year budget, which included provisions for the state’s two casinos to offer legal sports betting through the Rhode Island lottery. With the passage of bill H.7200, sports wagering will begin at Twin River Lincoln casino and Twin River Tiverton casino on October 1,…  

NCAA’s ‘Year in Residence’ Rule Here To Stay

The Sports Law Insider has previously reported on the NCAA’s attempt to modernize their transfer rules. The NCAA has transitioned into a notification based system in which student athletes no longer have to receive permission from their current schools to transfer. Instead, they  enter their name into a national database that then notifies their current school of their decision to leave. However, the NCAA did allow individual conferences to install more stringent regulations if they wished. The Sports Law Insider then reported on the Athletic…  

Wife of Erik Karlsson Seeks Protection Order from Mike Hoffman’s Fiancée

News broke on June 12, 2018, that on May 4, the wife of Ottawa Senators captain Erik Karlsson, Melinda, filed an order of protection against Karlsson’s former teammate Mike Hoffman’s longtime partner, Monika Caryk. According to the application, Caryk had been threatening Melinda and Erik Karlsson since November 2017. Caryk allegedly posted over 1,000 negative and derogatory statements on social media about Melinda. Also, Caryk allegedly “uttered that she wished [Melinda] was dead and that someone should ‘take out’ [Karlsson’s] legs to ‘end his career.'”…  

Bucks Guard Sues Milwaukee Police Over Racial Profiling Incident

Milwaukee Bucks shooting guard Sterling Brown filed a federal civil rights lawsuit against the City of Milwaukee, the chief of the Milwaukee Police Department (“MPD”) and eight other MPD officers and sergeants in the U.S. District Court for the Eastern District of Wisconsin. Brown claims the defendants violated his civil and constitutional rights and applied excessive and brutal force while unlawfully arresting him. The suit arises out of the highly publicized incident that took place on Friday, January 26 at 2 a.m. Brown was parked…  

Hot Dogs Bite Back

Philadelphia Phillies Mascot the “Phanatic” has been launching free hot dogs high into the stands for as long as Phillies fans can remember. The dogs are launched using a custom turret style launcher mounted on the back of a John Deer, which makes for quite the spectacle. The Phanatic has fed the fans for years with no issues or hot dog related injuries. This all changed this past Monday, June 18th. Longtime Philadelphia resident and Phillies fan Kathy McVay was seated behind…  

Arena Football Lawsuit

On June 19, 2018, the Arena Football League Players Union sued the Arena Football League One, LLC seeking to enforce an arbitration award issued to Richard Ranglin on January 17, 2018. According to Section 20.1 of the leagues Collective Bargaining Agreement (CBA), “disputes under the CBA arising between the Union and the League are to be resolved exclusively in accordance with the arbitration procedure outlined in the CBA.” Also, pursuant to Section 20.8 of the CBA, “the decision of an arbitrator is final and binding…  

Former Players Sue the NHL

On June 21, 2018, former NHL players Dan Carcillo and Nick Boynton filed a lawsuit against the National Hockey League. Carcillo played 429 games in the NHL for the Phoenix Coyotes, Philadelphia Flyers, Los Angeles Kings, New York Rangers, and the Chicago Blackhawks. During those games he was involved in 149 fights and numerous on-ice scuffles. Boynton played 605 games in the NHL for the Boston Bruins, Phoenix Coyotes, Florida Panthers, Anaheim Ducks, Chicago Blackhawks, and the Philadelphia Flyers. During those games he was involved…  

Update: NCAA Transfer Rule

As we have previously covered, the NCAA recently changed their transfer rules. In the past, student-athletes went through a “permission to contact” process. This process limited their ability to transfer as their current college coaches were able to block the athlete from transferring to certain schools. Now, starting in October 2018, the NCAA has shifted to a “notification” system that will allow the athletes to transfer without coaches’ permission. However, on June 19, 2018, various NCAA conferences, including the Atlantic Coast Conference, Big TenConference, Big…  

Precedent Setting Copyright Case Finally Comes to an End

The precedent setting case Varsity Brands, Inc. v. Star Athletica, LLC, was decided by the United States Supreme Court in March 2017. As we have previously covered, the decision held that a cheerleading uniform’s decorative elements may be protected under copyright law. The ruling provided some resolution regarding the disagreement over when these types of designs are eligible for protection under U.S. copyright law. However, after the decision, the court asked the parties to prepare a joint report setting forth a suggested path…  

BIG3 Suit Involves Allen Iverson and Steve Bannon

Another lawsuit involving Ice Cube’s start-up three-on-three basketball league the BIG3 is the latest issue for the league to try and overcome. What was supposed to be a fun, innovative league that would allow former players to keep their careers alive has turned into a series of lawsuits. Former Chief Creative Officer Kainoa Henry filed his complaint on Monday, June 12, in a California Superior Court. Henry alleges that he was forced to resign from his position at the BIG3 after co-founder Jeffrey Kwatinetz, who…  

NCAA & Villanova Critique Student Athlete’s Amended Wage Suit

The Sports Law Insider previously reported on a putative class’ wage suit against the NCAA and several universities. The suit by former Villanova football player Lawrence “Poppy” Livers was brought in September 2017. Livers asserted that the NCAA, Villanova and other universities were violating the minimum wage provision of the Fair Labor Standards Act (FLSA). Livers likened college athletes to paid student employees and claimed they should be compensated as such. However, Livers needed to show that the NCAA and the universities “willfully” violated the…  

NJ Supreme Court Won’t Review Bike Helmet Lawsuit

On July 15, 2018, the New Jersey Supreme Court declined to review a lower court’s decision where a jury unanimously ruled in favor of Bell Sports U.S.A. (Bell). In 2008, Carl Lawson and his wife Gloria, brought a products liability lawsuit against Bell, a bicycle helmet manufacturer, claiming that the teardrop design of Lawson’s bicycle helmet contributed to his injuries. According to Lawson’s 2015 appeal, Lawson was mountain biking while wearing a Bell Solar Fusion bicycle helmet when he lost control of his bicycle,…  

NCAA Settles Wrongful Death Suit Mid-Trial

On June 15, 2018, the NCAA settled a lawsuit brought by Debra Ploetz, wife of former University of Texas football player, Greg Ploetz. Ploetz played college football from 1968 to 1972 but later died in 2015 from Chronic Traumatic Encephalopathy (CTE). The lawsuit made it to a Dallas, Texas courtroom, but was settled after only three days of trial. The lawsuit was seen as a potential landmark case if the jury ruled against the NCAA, which is potentially the reason why the NCAA decided to…  

Online Betting Co. Sued By Former Employee

On Monday, June 18, 2018, online horse racing platform Xpressbet LLC was sued in Pennsylvania federal court by former employee John Martinez. Xpressbet allows users to bet live horse races legally online. Martinez claims he was demoted and subsequently fired because he took medical leave. Martinez brings his complaint to recover all available damages for violations under the Americans with Disabilities Act (ADA), the Family Medical Leave Act (FMLA) and the Pennsylvania Human Relations Act (PHRA). Martinez started working at Xpressbet in 2015…  

USGA Reaches Agreement with Shinnecock Indian Nation Ahead of U.S. Open

The United States Golf Association (USGA) will host the 2018 United States Open at Shinnecock Hills Golf Club in Southampton, New York on June 14-17. This will be the fifth time the national championship is held at Shinnecock, and the first time since 2004. The second ever U.S. Open was played at Shinnecock in 1896, which marked the start of a long standing relationship between the USGA and the Shinnecock Indian Nation. Shinnecock Hills Golf Club was constructed on land once owned by the Shinnecock…  

Former Athletes Say NCAA “Hiding the Ball” and Engaging in “Trial by Ambush”

On April 4, 2018 the Sports and Entertainment Law Insider discussed an ongoing lawsuit that was brought by a class of former college athletes seeking to lift the cap on student athlete compensation under NCAA rules. The case is being tried by U.S. District Judge Claudia Wilken, who previously ruled in favor of student athletes on antitrust claims against the NCAA in O’Bannon. In March 2018, Judge Wilken denied the NCAA’s motion for summary judgment and sent the current case to trial. With trial…  

NCAA Loosens Transfer Rules

On Wednesday June 13, 2018, the NCAA changed their stringent transfer rules for their student athletes. In the past, student athletes went through a “permission to contact” process. This process limited their ability to transfer as their current college coaches were able to block the athlete from transferring to certain schools. For example, many coaches would not allow a player to transfer within their own conference. The only way to get around these bars, was for the student athlete to forego receiving financial aid at…  

Over/Under: Two Steps Forward and One Step Back for Legal Betting in New Jersey

On Tuesday, May, 25, 2018 the Sports and Entertainment Law Insider discussed the Supreme Court’s landmark decision to strike down a federal statute controlling the states’ ability to regulate sports gambling. Shortly after, New Jersey became the first state to officially make wagering legal and gain access to the estimated $150 billion market by approving Assembly Bill A-411. However, America’s professional sports leagues did not respond positively to New Jerseys’ legislation. Specifically, the leagues are worried about the potential for corruption and athletes manipulating the…  

Kawhi Leonard’s Former Agent Sues Former Employer

Brian Elfus, a veteran sports agent, represented college basketball standout Kawhi Leonard as he transitioned from San Diego State to the NBA. Elfus is now suing his former boss Mitchell Frankel and his former employer Impact Sports Basketball, Impact, JS Sports Funding LLC, and J&J Sports Agency MM LLC (defendants), for wrongful deprivation of agent fees, which included the agent fees derived from Leonard as well as other professional basketball players and coaches. According to the complaint, “Elfus generated over [$5 million] in commissions…  

Update: LeBron Seeks to Dismiss Infringement Suit

As we have previously covered, LeBron James became the target of an infringement suit in April 2018, after a barbershop owner and host of a University of Alabama talk show alleged that he copied his barbershop-themed show. James’ show, “The Shop”, and the Social Club Grooming Co.’s show, “Shop Talk”, respectively, are comparably themed, and each center on interviewing celebrity guests as they get haircuts. Though the Social Club (the d/b/a of plaintiff, Adventure Enterprises, Inc.) initiated the suit, the ball was first put…  

SCOTUS Declines Opportunity to Reconsider MLB Antitrust Exemption

Major League Baseball’s immunity from antitrust violations under the Sherman Act has been called an “anomaly.” It has also been consistently upheld by courts since 1922, when it was unanimously affirmed by the Supreme Court of the United States. The exemption was codified by Congress in the Curt Flood Act of 1998, maintaining an exemption for MLB and its clubs when conducting the “business of baseball” and providing more freedom to players seeking free agency and salary arbitration. Despite striking out with lower courts, two…  

Update: Garcia-Tatupu v. NFL Player Retirement Plan

On June 8, 2018, the Bert Bell/Pete Rozelle NFL Player Retirement Plan and the NFL Player Supplemental Disability Plan (defendants), an ERISA-governed multiemployer pension plan which provides retirement and disability benefits to eligible NFL players and their beneficiaries, asked the First Circuit not to reverse the lower court decision that the NFL’s retirement board properly denied claims made by the ex-wife of a late New England Patriots player, Mosiula F. “Mosi” Tatupu. As we have previously covered, more than four years after his 2010…  

Tennis Pro Wants Claims Bounced Back To State Court

On April 9, 2018, ten-year tennis pro Madison Brengle sued the Women’s Tennis Association (WTA) and the International Tennis Federation (ITF) for physical and emotional consequences related to anti-doping blood tests. The suit was filed in a Florida Circuit Court and seeks damages for battery, negligence, and intentional infliction of emotional distress. Specifically, Brengle believes that being subjected to vein penetrating blood drawings for anti-doping tests caused her to have extreme physical and emotional pain. Brengle has a rare medical condition called complex regional pain…  

Former WWE Star CM Punk Prevails In Defamation Suit

On Tuesday, June 4, 2018, a jury in Cook County Illinois, found that former WWE wrestlers CM Punk (Phillip Jack Brooks) and Colt Cabana (Scott Colton) were not liable for the 2015 defamation and false light case brought by WWE ringside physician Dr. Christopher Amann. Amann argued that he was a victim of defamation per se, based on Punk’s and Cabana’s comments in 2014 on Cabana’s podcast “The Art of Wrestling”. After abruptly retiring from the WWE in 2013, Punk went on the podcast in…  

Former Wrestling Coach Sues Pitt Over Firing

The University of Pittsburgh was hit with a discrimination lawsuit in Pennsylvania Federal Court on Monday, June 4, 2018, by former wrestling coach Jason Peters. Peters claims that Pitt discriminated against him based on him being African-American and denied him of his fourteenth amendment due process rights during the firing process. Additionally, the complaint states that Peters was fired without just cause and that Pitt violated Pennsylvania’s Wage Payment and Collection Law by failing to pay owed wages and provide him benefits. The suit specifically…  

Pepsi Can’t Get Out of Suit Over 2016 Super Bowl Ad

In July 2016, Betty Inc, a boutique advertising agency filed a complaint for copyright infringement, breach of contract, unjust enrichment, conversion, and unfair competition against soft drink giant PepsiCo. In November of 2016, Pepsi was granted their motion to dismiss the complaint. However, this motion did not dismiss Betty Inc.’s copyright infringement claim and allowed the agency to amend their contract claim. Now, on June 5, 2018, Pepsi has lost their bid to dismiss the complaint after Judge Vincent L. Briccetti ruled that Pepsi needed…  

“Bizarre Dispute” Between Soccer Gear Company and Nike Ends at the Ninth Circuit

On June 7, 2018, Johnnie B. Rawlinson, a Ninth Circuit judge, denied Havensight Capital LLC’s appeal. In September 2014, Havensight Capital LLC, a soccer gear company and competitor of Nike, Inc., filed a lawsuit against Nike, claiming intentional interference with prospective economic relations; unfair competition and trade practices; commercial misappropriation; intentional interference with contractual relations; negligence; and invasion of privacy. According to Judge Rawlinson, the “appeal is the latest in an ongoing and bizarre dispute” where Havensight has portrayed its lawsuit as a battle between…  

Indians Pitcher Claims IP Infringement Against Louisiana Baseball Training Program

On June 4, 2018, Cleveland Indians pitcher Trevor Bauer commenced a lawsuit against a Louisiana-based baseball training program, claiming that it misappropriated his name, identity, likeness, and other interests protected under intellectual property laws. Bauer contends that the program, Top Velocity, LLC, had used his persona on its website and across its various social media accounts for its own commercial gain, leading the public to believe that Bauer and Top Velocity were associated. Bauer’s complaint asserts a total of 21 causes of action, including…  

Do NFL Players Have a First Amendment Challenge to the National Anthem Policy?

Colin Kaepernick first gained attention for his protests of the national anthem during National Football League preseason games in August 2016. Following Kaepernick’s lead, many athletes across various sports began demonstrating during the pre-game rendition of the “Star Spangled Banner.” The protests were met with widespread debate and incited responses from nearly every sports and media commentator. President Trump took to Twitter, posting a series of tweets sharing his strong feelings on the issue, calling for players who knelt to be “fired.” Kaepernick has…  

Update: Cell Phone Evidence Upheld in NCAA Corruption/Bribery Case

As we have previously reported, former Adidas consultant, Merl Code, NBA agent, Christian Dawkins, and Adidas executive, Jim Gatto, came under fire in 2017 for alleged bribery and corruption practices relating to the NCAA. Specifically, they were accused of facilitating six-figure payments to basketball players and their families in exchange for assurance that the players would go on to attend Adidas-sponsored, NCAA Division I colleges, using Dawkins as an agent. Further accusations indicate that college coaches were similarly bribed in the scheme and encouraged…  

Marlins Move Former Employee’s Wage Suit to Federal Court

In April 2018, a former marketing manager for the Miami Marlins filed a lawsuit against the team, claiming lost wages and violations of the Fair Labor Standards Act. On Friday, June 1, 2018, the Marlins filed a notice of removal, moving the case to federal court pursuant to the club’s contention that the former employee’s complaint raises substantial questions of federal law. Boris Garcia Menier started as an intern with the Marlins in 2006 and later became a marketing coordinator, supervisor and then manager…  

Vikings Owners Granted Massive Reduction in Damages in RICO Suit

On June 1, 2018, a three-judge appellate panel in New Jersey reviewed a 26-year old racketeering case against Minnesota Vikings owners, Zygmunt, Mark, Leonard Wilf, and other defendants, determining that a nearly $103 million award must be reconsidered. In its 90-page decision, the panel upheld Racketeer Influenced and Corrupt Organizations Act (RICO) claims, as well as some non-RICO claims, including fraud and breach of fiduciary duties. In doing so, however, it decided that the total award required reexamination because it improperly included RICO and non-RICO…  

Update: MLB Player’s Libel Suit Against Al Jazeera

On May 31, 2018, Al Jazeera filed an opposition motion in the Ryan Zimmerman and Ryan Howard libel lawsuit. As we have previously reported, MLB player’s, Zimmerman and Howard, sued Al Jazeera after a 2015 documentary called “The Dark Side: The Secrets of Sports Dopers” aired. The documentary accused the Zimmerman and Howard, and other professional athletes, of using performance-enhancing drugs (PED’s). While the two sides continue to battle over discovery, Zimmerman and Howard previously filed a motion to compel. In their motion, Zimmerman…  

Jamaican Relay Team Loses 2008 Gold Medals with Dismissal of Doping Appeal

On May 31, 2018, in its Lausanne, Switzerland headquarters, the Court of Arbitration for Sport decided the appeal of doping allegations pinned against Olympic gold medalist Nesta Carter.  Carter competed in the 2008 Beijing Olympics alongside teammate Usain Bolt and others in the Jamaican relay team, winning a gold medal. Immediately following the win, the International Olympic Committee took urine samples from the competitors in order to determine whether they had been in violation of any anti-doping rule at the time of their participation. Although…  

Adidas Settles Trademark Infringement Case Against Skechers

On June 16, 2017, the Sports and Entertainment Law Insider discussed an appeal made by Sketchers to lift a preliminary injunction granted in favor Adidas, which had alleged that the Skechers Onix sneaker was violating the trademark of the iconic Adidas Stan Smith tennis shoe. The injunction was later affirmed by the Ninth Circuit Court of Appeals. While affirming the injunction and continuing to prevent Skechers from manufacturing or selling the Skechers Onix, the appeals court noted its belief that Adidas would likely succeed at…  

Under Armour Seeks Arbitration in Data Breach Case

On May 21, 2018, the Sports and Entertainment Law Insider reported a putative class action suit filed against Under Armour, relating to a March 2018 data breach of the company’s MyFitnessPal app. On June 28, 2018, Under Armour filed a motion to compel arbitration, along with a motion to dismiss or stay litigation. In the filing, Under Armour alleges that the named plaintiff, Rebecca Murray, expressly agreed to “a conspicuous arbitration provision” when she registered and used the MyFitnessPal app. The Terms and Conditions of…