August 22, 2018 Advertising / Baseball / Contract

Cubs Fan Files Copyright Suit against the Team over Souvenir Design

On Friday, August 17^th, a retired Michigan advertiser filed suit against the Chicago Cubs, alleging that the Cubs stole his design for 1984 souvenirs and reused the design for 2017 souvenirs without his permission or compensation.

Dan Fox was a Chicago advertising executive in 1984, when he contracted with the Cubs to create a souvenir for the team’s divisional championship: a clear acrylic block encasing an ivy leaf from Wrigley Field’s outfield wall. In the original license agreement, the Cubs’ acknowledged Fox as …

August 16, 2018 Class Actions / Contract / Litigation / NCAA

Johnnie Vassar Drops Transfer Rule Suit

On August 10, 2018, former Northwestern University guard, Johnnie Vassar, dropped his lawsuit against the NCAA and Northwestern. As we have previously reported, in 2016, Vassar sued the NCAA and Northwestern claiming that Northwestern “offered Vassar a “cash payment” to “make [Vassar] go away and free-up his scholarship.”

According to the November 2016 class-action lawsuit, Vassar alleged that Northwestern breached a contract it had with Vassar after the school removed Vassar’s four-year athletic scholarship in May 2016. Further, Vassar alleged that the school used …

July 24, 2018 Contract / Fantasy Sports / Gambling / Intellectual Property / Intellectual Property, Copyright, and Trademark / Litigation / Trademark

CBS Interactive Inc. Sued for Trademark Infringement

On July 13, 2018, Fulltime Fantasy Sports, LLC (Fulltime) sued CBS Interactive Inc. (CBSi) for trademark infringement, false advertising, breach of contract, conversion, unlawful and deceptive practices, and unfair competition. According to the complaint, “[a]s fantasy football season approaches, Fulltime has been forced to file this action to seek relief from the Court’s so that CBSi will stop misappropriating Fulltime’s intellectual property and good will, stop confusing consumers, and pay Fulltime what it is owed.”

Fulltime, founded in 2011, “provided premier fantasy sports content, …

July 13, 2018 Contract / NFL

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 …

July 10, 2018 Baseball / Contract / Litigation

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 …

June 28, 2018 Contract / Litigation

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 …

June 26, 2018 Basketball / Celebrities / Contract / Defamation / Litigation / NBA

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 …

June 19, 2018 Contract / NBA

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 …

June 6, 2018 Contract

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 …

July 26, 2015 Contract

Loose Lips Sink Ships: Yahoo Counter-Claims Against SCA Promotions For Allegedly Disclosing Confidential Information

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