Category Archives: NCAA

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.…

Continue Reading....

Former NIU Punter Appeals Validity of Transfer Rule to the Seventh Circuit

Peter Deppe, a former punter for Northern Illinois University (NIU), has filed a notice of appeal that challenges an Indiana Federal Court’s dismissal of his antitrust claim regarding the NCAA rule forcing student-athletes who transfer universities to sit out for a year before returning to play for the new school. As background, Deppe was originally recruited as a walk-on punter by NIU in 2014. Deppe’s complaint alleged that he was redshirted and told by the coaches that he would receive a scholarship and become…

Continue Reading....

University of Richmond Student-Athletes Suspended for Wagering Reinstated

The University of Richmond announced that it will reinstate the five baseball players who were suspended this season for potential NCAA violations, as it now appears that the players wagered on sports games—not fantasy sports—as initially reported. NCAA rules prohibit student-athletes from engaging in any “sports wagering activities or provid[ing] information to individuals involved or associated with any types of sports wagering activities.”  This may include “internet sports wagering” and pay-to-play “fantasy leagues.” Student-athletes found in violation of these rules are ineligible from playing time…

Continue Reading....

NCAA Argues O’Bannon Win Insufficient for a Grant of $42 Million in Attorneys’ Fees

The NCAA has moved for the Ninth Circuit to deny a $42 million attorney’s fees request regarding the underlying litigation over rules barring student-athletes from receiving compensation for their names, images, and likeness, as the NCAA alleged the win was only partial, and thus, such a large award is inappropriate. As background, a California district court issued an injunction, which prevented the NCAA from capping student-athletes financial aid amounts below the full cost of attendance, and that student-athletes could receive up to $5,000 per…

Continue Reading....

Amid Outside Pressure, North Carolina Replaces HB2

The discussions to repeal HB2 heated up last week after it was learned that North Carolina would potentially be excluded from hosting any NCAA events through the spring of 2022 absent a repeal of the law. Coincidentally, only hours before the NCAA deadline, the North Carolina legislature introduced HB142 which would replace HB2. The primary difference between HB2 and HB142 is that the latter exempts schools from state regulation of access to bathrooms, showers, and changing rooms. The law also prevents local governments…

Continue Reading....

Judge Preliminarily Approves NCAA’s $209 Million Antitrust Settlement

A U.S. District judge has granted preliminary approval for a $208.7 million settlement in the antitrust lawsuit between student-athletes and the NCAA/eleven athletic conferences. The approval came after revisions were added to exclude claims in other athletes’ suits and to modify class definitions. As background, the student-athletes’ original complaint, filed in 2014, challenged the NCAA’s rules prohibiting universities from paying students a larger sum than a full grant-in-aid — which covers the up to the full cost of university attendance. Not only did the…

Continue Reading....

Game Developer Agrees to Cease Usage of “April Madness” and “Final 3” in 2017

Game developer Kizzang LLC, accused by the NCAA of infringing on the Association’s “March Madness” Trademark, has agreed to cease use of similar marks for any of its basketball-themed games during 2017 — while the infringement suit proceeds in Indiana federal court. As background, the NCAA — an avid defender of its “March Madness” mark — filed suit against Kizzang and its owner, Robert Alexander, less than a week before the annual commencement of its men’s basketball tournament. As previously reported, the NCAA’s…

Continue Reading....

NCAA Initiates Trademark Infringement Suit Against Online Game Developer Over “April Madness”

With “March Madness” upon us, the National Collegiate Athletic Association (NCAA) filed suit in the Southern District of Indiana, alleging trademark infringement and unfair competition. As background, the NCAA has used the trademarks “Final Four” and “March Madness” to identify and distinguish is basketball competitions for over twenty years. The NCAA marks cover goods like duffel bags, tote bags, and telecommunication services. Notorious for protecting its right to the “Madness” name, the NCAA initiated this trademark infringement suit over online fantasy games called “…

Continue Reading....

North Carolina Lawmaker Believes NCAA and ACC Engaged in Excessive Lobbying Over HB2

While the country is busy preparing their March Madness brackets, the fight over HB2 in North Carolina continues. As previously discussed on this blog, one impact HB2 had on North Carolina was the NCAA and ACC’s decision to remove several championship events away from the state. However, one North Carolina lawmaker has recently questioned whether the NCAA and ACC violated their tax-exempt status by moving sports championships outside of North Carolina. According to the IRS, no 501(c)(3) organization may qualify for tax-exempt status…

Continue Reading....

Court Reaffirms Position: NCAA’s Transfer Rule Not Unlawful

In January, former Northern Illinois University football player Peter Deppe filed suit against the NCAA for its rule that requires student-athletes who transfer to sit out of their sport for a year. On Monday, March 6, 2017, an Indiana federal judge heard oral arguments from Deppe and the NCAA, and found that the NCAA’s “year-in-residence” rule does not violate the Sherman Act because it furthers the NCAA’s objective to promote competition among amateur athletes. The court had made a similar ruling in 2016 against…

Continue Reading....