Category Archives: Intellectual Property, Copyright, and Trademark

Game Developer Moves to Transfer Trademark Suit Outside of NCAA Home Ground

On August 31, 2017, defendant Kizzang LLC, a game developer, filed a motion in its case against the NCAA to either move the case from the Indiana Federal Court or dismiss it for lack of jurisdiction and venue. The suit stems from the allegations that Kizzang infringed on the NCAA’s trademarks, “March Madness” and “Final Four.” Kizzang claimed the NCAA filed the suit in the Indiana Federal Court only out of convenience and that none of its allegations included any direct contact with the…

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A Fight Over Baseball Hall-of-Famer Honus Wagner’s Trademarks

Florida-based Honus Wagner Co. filed a complaint on July 5, 2017 in Florida federal court against an Indiana licensing management company for trademark infringement. Honus Wagner, considered by some to be the greatest shortstop ever, played for the Pittsburgh Pirates and was inducted into the Hall of Fame in 1936 as one of its original five members. In the beginning of the Twentieth Century, no player was more dominant than Wagner. He led the majors in hits, runs, doubles, total bases, extra-base hits, runs…

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Aggies Allegedly Violate Own Honor Code in “12th Man” Trademark Dispute

On January 19, 2017, an Alabama book editor filed sui against Texas A&M’s athletic department and the fund-raising 12th Man Foundation, accusing both entities and  three school employees of posting the “heart” of his unpublished book “12th Man: The Life and Legend of Texas A&M’s E. King Gill” on its website “nearly word-for-word” in January 2014 without his permission. The lawsuit, filed in the U.S. District Court in Houston, begins by citing the Aggies Code of Honor, which states “An Aggie does not lie, cheat…

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Rawlings Defensive Over Easton’s Plan to Release Bats With Similar Logo

On August 15, 2017, Rawlings Sporting Goods Co. filed a lawsuit against Easton Diamond Sports LLC arguing that Easton ripped off Rawlings popular “5150” brand of bats with a new “S150” line that Easton planned to release pursuant to a recent equipment rule change. Starting January 1, 2018, Little League Baseball has banned the use of all 2 ¼ inch barrel baseball bats constructed with composite material in the barrel, unless approved. Little League bats will now be governed by the BBCOR bat standard

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Video Game Tattoos Copyright Infringement? NBA 2K Attempts to Close-Out Case

In February 2016, Solid Oak Sketches sued 2K Games and Take-Two Interactive Software claiming that it owned the copyrights to tattoos on several NBA stars, including Lebron James, Kobe Bryant, and Eric Beldsoe. The tattoo designers sought actual damages, statutory damages and attorneys’ fees, but in August 2016, a New York federal judge ruled out the latter two. U.S. District Judge Laura Taylor Swain stated “in order to obtain statutory damages and attorneys’ fees, a plaintiff must have registered its copyright prior to the alleged…

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Start Your Engines: Legal Battle Over Earnhardt Name Revived

Kerry Earnhardt, the late Dale Earnhardt’s eldest son, applied through his Kerry Earnhardt Inc. company in 2011 to register “Earnhardt Collection” for both furniture and custom home design. In 2012, Dale Earnhardt’s widow and third wife, Theresa Earnhardt, filed an opposition with the Trademark Trial and Appeal Board (TTAB) seeking to block Kerry’s application. Theresa is Kerry’s stepmother and owner of Dale Earnhardt Inc., and already own a number of “Earnhardt” registrations for a wide variety of goods. In February of 2016, the TTAB dismissed…

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Titleist Calls Out Website Over Rules Violation for Product Line

On July 13, 2017, Titleist’s parent company, Acushnet Co., filed a complaint in Massachusetts federal court against imadebogey.com’s owner, Benjamin Russell, alleging his products infringe Titleist’s classic marks and offend its customers. The complaint cites unfair competition, trademark infringement and dilution. Imadebogey.com sells golf hats and other accessories with the words “Titties” and “Titlost” instead of “Titleist” in the same distinctive stylized script as the 84-year-old logo, including shirts and beer koozies. These are just some of their golf-related products sold on the website that…

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Muirfield Village Golf Club Files Trademark Claim

Muirfield Village Golf Club, which hosts the annual Memorial Tournament on the PGA Tour, has sued TCGC Properties LLC for trademark infringement. Muirfield, located in Dublin, Ohio, alleges that TCGC filed a trademark application in early May, attempting to register the Memorial Tournament marks in its name. Therefore, Muirfield claims, TCGC has infringed by attempting to profit off the goodwill generated by Muirfield from hosting the tournament since 1976. TCGC claims they own the Memorial Tournament mark and should have the exclusive right to use…

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Ninth Circuit Affirms Dismissal of Former-NCAA Champions’ Likeness Suit

The Ninth Circuit has affirmed the dismissal of the lawsuit of two former college basketball players against a website that sold official NCAA photos, as the website’s rights under federal copyright law preempted the players’ publicity rights. As background, two former Division III college basketball players, Patrick Maloney and Tim Judge, sued T3Media in June, 2014 regarding the Website’s deal with the NCAA to host and license the League’s photos. Maloney and Judge were part of the 2001 NCAA championship team — Catholic University.…

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