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.

January 27, 2015 NCAA

O’Bannon Plaintiffs Urge 9th Circuit to Affirm Pay-Rule Ban

On January 23, O’Bannon Plaintiffs filed a response to NCAA’s appellate brief that asked the Ninth Circuit to reverse the lower court’s decision allowing student-athletes to be paid.

In a 851-page long filing, the plaintiffs argued that the a limited compensation to $5,000 for every year of academic eligibility pursuant to the court’s decision is “such modest payment” to jeopardize NCAA’s policy on amateurism, a concept that has evolved and eroded admittedly by NCAA. Further, the plaintiffs stressed that because the injunction was not mandatory, …

January 27, 2015 Intellectual Property, Copyright, and Trademark / Trademark

English Car Maker Rolls Out Legal Team to Protect its Trademark from Rapper Royce Rizzy

Last Wednesday, English automaker Rolls-Royce filed a lawsuit in the US District of New Jersey last week against up-and-coming rapper, Royce Rizzy, for trademark infringement. The lawsuit stems from the rapper’s use of the Royce trademark and the “RR Badge.”

The lawsuit claims that Atlanta based Royce Rizzy, otherwise known as Robert Davis, has been using the Rolls Royce trademarks to benefit his rapping career. The luxury automaker cited to his YouTube channel advertisements, his Facebook page, his website, and a “Team Rolls Royce” t-shirt …

January 26, 2015 Litigation / NHL

Bankruptcy Judge Recommends NHL Not Recoup Fees From Coyotes Purchase

On Wednesday, January 21, a U.S. Bankruptcy Court judge recommended that the NHL not be allowed to collect the majority of the $145.9 million it claims from ex-Phoenix Coyotes owner Jerry Moyes.

The lawsuit stems from the NHL’s 2009 purchase of its member team, then named the Phoenix Coyotes. The Coyotes were first purchased in 2006 by Jerry Moyes who realized after two years of operating at a $50 million loss that he could not afford the team. Moyes filed for Chapter 11 bankruptcy …

January 26, 2015 Copyright / Intellectual Property, Copyright, and Trademark

Photographer Claims Infringement by Nike on ‘Jumpman’ Logo

On Thursday, January 22, a professional photographer filed a copyright infringement lawsuit against Nike Inc. for their alleged excessive use of his iconic photograph of a mid-air Michael Jordan, which ultimately became the “Jumpman” logo.

In 1984, professional photographer, Jacobus Rentmeester, held a photo-shoot of Michael Jordan on the University of North Carolina campus for an up-coming LIFE magazine issue. At that photo-shoot, he captured one of the most well-known images in both sports and fashion. Rentmeester’s lawsuit claims Nike paid $150 for …

January 23, 2015 Advertising / Baseball

David Throwing Jabs at Two Goliaths to Keep the Business

Following a couple of left jabs by some owners of Wrigley Field rooftop clubs at the city of Chicago, another group of rooftop business owners threw a right jab at the Cubs and team chairman Tom Ricketts.

According to the filing, the owners alleged the team blamed the rooftop businesses for a drop in Cubs ticket sales and suggested a price-fixing scheme. When the business owners declined the suggestion, the Cubs threatened to block their views with six advertising signs, including a video board in …

January 22, 2015 Concussions / Litigation

Yet Another Concussion Suit Against WWE

It has been just over two months since a concussion suit against the WWE was filed last October. Former World Wrestling Entertainment(“WWE”) wrestlers Vito LoGrasso, a.k.a. Big Vito and Skull Von Krush, and Evan Singleton, a.k.a. Adam Mercer, filed a suit against WWE, alleging WWE ignored signs of brain damages and other injuries while it focused on promoting violence for its business.

The court filing said,

“Under the guise of providing entertainment, the WWE has, for decades, subjected its wrestlers to extreme physical brutality

January 21, 2015 Copyright / Intellectual Property, Copyright, and Trademark / Litigation

Beastie Boys Want to Avoid Pyrrhic Victory, Ask For $2.4 Million from Monster

Over the weekend, the Beastie Boys filed with the SDNY, seeking $2.4 million in legal fees from Monster Energy to pay for their recent copyright infringement litigation.

In June, the world-renowned rap group won $1.7 million in a lawsuit against Monster Energy. The Beasties claimed, and Monster admitted during trial, that the energy drink producer used five of their songs without authorization in an online marketing video. The $1.7 million awarded, however, is not enough to cover the extensive legal fees that the band accumulated …

January 20, 2015 Legislation / NBA / NCAA

Christie and the Horsemen Ask the Third Circuit to Vacate Injunction & Open the Door to Sports Betting in NJ

On Wednesday, January 14, New Jersey Governor Chris Christie filed a brief with the Third Circuit US Court of Appeals, seeking to overturn the district court decision enjoining recent legislation that would open the door to some sports gambling in New Jersey.

The 2014 law in question was passed to effectuate a partial repeal of prior New Jersey law that prohibits betting on sports within the state. The partial repeal would allow casinos and racetracks within the State of New Jersey to facilitate sports betting. …

January 19, 2015 Antitrust / MLB

9th Circuit Throws Out San Jose’s Antitrust Suit Against MLB

In a unanimous decision, a three-judge panel of the Ninth U.S. Circuit Court of Appeals found that San Jose’s antitrust claims against MLB were barred by baseball’s antitrust exemption.

After its antitrust suit against MLB in 2013 was dismissed by a trial court, San Jose had appealed the decision to the Ninth Circuit early last year to continue its effort to move the Oakland A’s to Silicon Valley.

San Jose challenged the 92-year old antitrust exemption of MLB to bring the Oakland Athletics to Silicon …

January 18, 2015 Antitrust

Disney, Sony, DreamWorks Asked Court to Dismiss Anti-Poaching Lawsuit

Major animation studios filed a motion to dismiss an antitrust suit filed against them by their former employees. The defendants Disney, Sony, DreamWorks, and Blue Sky argued in the filing that the plaintiff animators brought the suit five years after the U.S. Department of Justice (DOJ) in 2010 began scrutinizing arrangements to freeze wages and not poach employees in the industry. Moreover, the defendants further claimed the allegations that the studios would collude to suppress wages was “implausible” when the DOJ’s probe began and after …