Category Archives: Litigation

Reebok CCM Contests Sanction Fees from Startup Hockey-Helmet Design Company

In September of 2015, Hefter Impact Technologies LLC filed suit against Reebok-CCM Hockey alleging that Reebok contractually owed royalties on CCM helmets that were derivative of Hefter designs. Hefter is a startup hockey-helmet design company, and it asserts that it has an existing royalty agreement after CCM used Hefter’s outer shell design on a popular hockey helmet. Hefter now alleges that CCM owes it royalties on later helmet models that are also based on its outer shell design. These helmets are so popular that they…

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Tattoo Copyright Holder Argues Video Game Depiction is Not Fair Use

On September 12, 2017, Solid Oak Sketches LLC opposed game maker Take-Two Interactive’s, motion for judgment in its favor in suit over video game NBA 2K’s depiction of players’ tattoos. Solid Oak purchased the copyrights from tattoo artists for several basketball stars. Solid Oak filed suit last year alleging the infringement of its copyrights for eight different designs that were etched on LeBron James, Kobe Bryant, and others. Along with the suit, Solid Oak offered to let Take-Two use the tattoos in the game for…

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Former NHL Enforcer Michael Peluso Goes After His Old Teams for Millions in Head Injury Suit

Back in April, Michael Peluso, former NHL “enforcer,” filed suit against the New Jersey Devils, St. Louis Blues, and the team’s insurance companies for intentionally hiding the dangers he faced from continued head injuries arguing that his claims fall outside of workers’ compensation. He argues that a newly discovered medical report shows that the teams knew of the risks of further head injuries, but kept putting him back on the ice. Peluso specifically alleges that the teams serious breaches of legal duties led to him…

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DraftKings and FanDuel Agree to Pay $2.6 Million to End Massachusetts Attorney General Investigation

On September 7, 2017, DraftKings and FanDuel, two daily fantasy sports platforms, agreed to pay $2.6 million to settle the Massachusetts investigation into their unfair and deceptive practices. The Massachusetts Attorney General’s Office did not state what the violations were, but the fines are the result of a 2015 investigation into the two companies’ business operations. In its 2015 investigation the Attorney General’s Office noted that consumers did not have adequate protections from the websites’ operators and more regulation was needed. This led to the…

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Conor McGregor Taking a Hard Hit; Sued Over Out of Control Press Conference

UFC star Conor McGregor is being sued by a man who alleges he suffered injuries during a UFC press conference last year in Las Vegas. The man claims he was hit in the back by a can of a Monster Energy that McGregor threw during the UFC 202 pre-fight press conference in August 2016. At this conference, McGregor and Nate Diaz got into a fight that involved objects being thrown all around the MGM Grand’s David Copperfield Theater. During the fight, McGregor started throwing water…

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Former NFL Players Oppose EA’s Play to Dismiss Madden Suit

On September 1, 2017, a proposed class of former NFL players moved a California Federal Court not to dismiss their suit against Electronic Arts (EA), game maker, for the use of their likenesses in the Madden video games. EA is attempting to remove the remaining five claims of the suit after it was successful in August in dismissing the former NFL players’ claims under a state law statute. EA claimed that the former players’ remaining publicity rights claims are preempted by the Copyright Act. The…

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Schutt Sports Found Off-Sides in Argument Against Moving Suit to Illinois

On August 28, 2017, Eastern District of Texas Judge Gilstrap ruled on Riddell Inc.’s motion against Schutt Sports to either dismiss the patent infringement suit brought against it or to move the case from Texas to Illinois. Despite Texas being a proper venue for the suit, Judge Gilstrap ultimately ruled to move the case to Illinois because it serves as a more convenient forum. In May 2017, Schutt filed suit against Riddell claiming infringement on three of its patents for helmet designs — U.S. Patent…

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NCAA Women’s Lacrosse Players Object to Concussion-Related Settlement

Former NCAA women’s lacrosse player Samantha Greiber filed an objection to a proposed settlement reached in class-action litigation against the NCAA over concussions. Greiber alleges she suffers from permanent brain injuries due to concussions sustained from playing lacrosse at Hofstra University. She wanted to wear a helmet to prevent, or at least, minimize her injuries, however, the NCAA currently bars female players from wearing hard helmets, but requires them for male players. Greiber objects to the proposed settlement because it would bar Women Lacrosse Players…

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Zachary Lutz Hopes for Home Run in Suit Against Japanese Team over Abandoned Contract

On August 30, 2017, former New York Mets player Zachary Lutz filed a lawsuit in Pennsylvania federal court against the owners of the Japanese baseball team, Rakuten Golden Eagles, for fraud, negligent misrepresentation, and promissory estoppel for their sudden abandonment of his negotiated contract. Lutz debuted with the New York Mets in 2012, and in 2014 he decided to sign a contract with the Golden Eagles for the 2014 season, which spanned from June 2014 to November 2014. As the end of the 2014 season…

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Showtime on the Ropes for Livestream Trouble During Mayweather-McGregor Fight

Showtime Networks is being sued by unhappy customers after it charged $99.99 to watch the Mayweather-McGregor fight in 1080p resolution, 60-frames-per-second, but then the livestream suffered numerous freezes and poor resolution. “Instead of being a ‘witness to history’ as defendant had promised, the only thing plaintiff witnessed was grainy video, error screens, buffer events, and stalls,” the complaint stated. The class action is alleging claims that Showtime willfully violated the Oregon Unlawful Trade Practices Act, and was unjustly enriched. A Showtime executive countered that they…

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