On Friday, May 27, 2016, video game companies 2K Games Inc. and Take-Two Interactive Software Inc., the makers of the popular basketball video game series “NBA2K” and its yearly releases, filed a reply memorandum of law in support of its motion to dismiss an ongoing suit in the Southern District of New York against tattoo licensing company Solid Oak Sketches. The filing comes in response to Solid Oak’s brief in opposition filed earlier in May, in which it claimed that it was entitled to statutory …
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Philadelphia 76ers: First NBA Jersey Sponsorship Signed as Part of Pilot Program
Despite the last place performance of the Philadelphia 76ers, the NBA team became the first North American professional sports team to sign a sponsorship for their jerseys. On Monday, May 17, 2016, the team announced that StubHub will become the first sponsor to advertise on a team jersey in the four major US sports. The deal, worth an estimated $5 million per year for three years, grants StubHub the rights to a 2.5-by-2.5 inch logo patch on the front left side of the jerseys.…
Continue ReadingTattoo Licenser Argues IP Claims Against Game Designers Inked in Time
On Friday, May 13, 2016, tattoo licenser Solid Oak Sketches, LLC, responded to video game designers 2K Games Inc. and Take-Two Interactive Software Inc.’s motion to dismiss a suit over the alleged improper inclusion of certain tattoos on basketball players in the popular sports game NBA2K16, the latest iteration of the franchise. The suit was filed back in February against 2K and Take-Two by Solid Oak after the tattoo licenser had filed copyrights on tattoos inked on the bodies of NBA players Lebron James, Kenyon …
Continue ReadingNBA2K16 Lawsuit Questions Who Owns Tattoos
A tattoo licensing company, Solid Oak Sketches LLC, is suing NBA2K, the professional basketball video game series, for copyright infringement. Solid Oak argues that the realistic depiction of tattoos on the bodies of multiple NBA players, including LeBron James and Kobe Bryant, in the NBA2K16 video game violated the copyright that Solid Oak owns. On April 19, 2016, the makers of the video game filed for a motion to dismiss the claim.
Solid Oaks obtained the license to most of the tattoos from the original …
Continue ReadingNCAA Council Loosens Grip on D-I Basketball, NBA Draft
Restrictions became a bit looser for NCAA basketball players hoping to become drafted to the NBA. On January 13, 2016, the NCAA D-I Council adopted a proposal “that, among other provisions, changes the date by which a student must remove his name from the NBA draft.”
Cody McDavis of the Division I Men’s Basketball Oversight Committee stated that the new rule “is a good idea because it provides men’s basketball student-athletes the opportunity to test their dream of going beyond the stage of amateurism into …
Continue ReadingSports Litigation and Cases to Keep an Eye on in the New Year (Part I)
2015 was a year full of highly debated controversies in the world of sports litigation. However, the debating isn’t over quite yet as some of the most notorious cases of 2015 will have litigation continuing into the new year. From “Deflategate” to the FIFA corruption scandal, this post is part one of notable sports cases you should be sure to follow in 2016.
“Deflategate” Appeal
Deflategate was one of the most talked about controversies in sports in 2015, as it involved allegations of the ever-popular …
Continue ReadingMLB, NHL, and NBA on the Hunt for Default Judgment Against Online Counterfeiters
On December 11, 2015, MLB, NHL, and NBA league affiliates filed for a default judgment in an Illinois federal court against online counterfeiters who have failed to respond to the leagues’ pleadings.
League affiliates brought suit in October, seeking to prevent unidentified online counterfeiters from continuing to sell products that infringe upon their respective trademarks. Additionally, the leagues claimed $2 million in damages against each defendant retailer for trademarks that have already been infringed upon. The leagues contend that online counterfeiters — believed to be …
Continue ReadingStubhub Files Notice of Appeal in Antitrust Lawsuit
On Tuesday, December 1, 2015, Stubhub filed its Notice of Appeal with the U.S. Court of Appeals for the Ninth Circuit, urging the Circuit Court to review its recently dismissed lawsuit against the reigning NBA champions, the Golden State Warriors.
Stubhub originally filed its lawsuit in April, alleging that the Warriors violated the Sherman Antitrust Act by restricting the “resale” of season tickets to Ticketmaster’s platform. The Warriors and Ticketmaster countered with a motion to dismiss, arguing that Stubhub failed to allege a …
Continue ReadingUpping the Ante in Fantasy Sports Litigation: NHL, NBA, MLB Added as Defendants in FL Action
Dozens of federal lawsuits have been filed against DraftKings, Inc. and FanDuel, Inc. since the insider trading scandal made news in September 2015. By way of a substantial amendment to their complaint, the plaintiffs in a Florida action have added numerous additional defendants.
This putative class action, known as Gomez v. FanDuel, Inc. et al, was filed in the Southern District Court of Florida on October 15, 2015. The suit alleges state law negligence claims against DraftKings and FanDuel — the two industry …
Continue ReadingIllinois Judge Grants Temporary Restraining Order Against MLB, NHL, and NBA Counterfeiters
On November 6, 2015, U.S. District Judge Andrea R. Wood filed a temporary restraining order (TRO), prohibiting unidentified online retailers from producing and distributing counterfeit sporting merchandise.
The suit, brought in Illinois federal court last month by MLB, NHL, and NBA league affiliates, seeks to prevent the defendant retailers from selling products featuring their logos and claims $2 million in damages for the use of their trademarks. In their suit, the leagues claim that online retailers — believed to be based in China — have …
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