January 30, 2018 Intellectual Property, Copyright, and Trademark / NCAA

NCAA Wins Another Trademark Infringement Suit

On January 18, 2018, U.S. District Judge Jane Magnus-Stinson granted the NCAA’s motion, and subsequently, entered a default judgement against Kizzang LLC. Kizzang provides online sweepstakes and fantasy sports entertainment services. As we have previously covered, the suit originally began in March 2017 when the NCAA opposed Kizzang’s attempt to register the marks “April Madness” and “Final 3.” The NCAA sued Kizzang alleging trademark infringement, trademark dilution, and unfair competition. The NCAA complained that Kizzang’s marks infringed, diluted, and unfairly competed with the …

January 26, 2018 NCAA

NCAA Pushes Vote on Transfer Rule

On January 17, 2018, an NCAA committee voted to prolong a potential vote on whether to change the Division I transfer rule. Under the “academic year in residence” rule, a transfer student must spend an academic year in residence at the school to which they are transferring. This means that players who want to transfer have to wait one year before they can start playing at their new university. As we have previously covered, this rule has been subject of several lawsuits, and …

January 18, 2018 NCAA

Judge Wilken Listens to Additional Arguments on College Athlete Compensation

On January 16, 2018, U.S. District Judge Claudia Wilken once again presided over a court where a class of college athletes attempted to obtain a judgement that would lift the cap on college athlete’s compensation. The National Collegiate Athletic Association (NCAA) argued that this most recent class-action suit is barred by the Ninth Circuit’s September 2015 O’Bannon decision.

As we have continued to cover, back in 2014, Judge Wilken presided over the O’Bannon decision, where she sided with the college athletes in an …

January 17, 2018 NCAA

Former USC Linebacker Attempts to Revive NCAA Suit

A former University of Southern California linebacker, Lamar Dawson, again tried to convince the Ninth Circuit to revive his class action suit against the National Collegiate Athletic Association (NCAA) and the Pacific-12 Conference (Pac-12). As we have previously covered, Dawson began the class-action lawsuit in September 2016 alleging the NCAA and Pac-12 violated California law and the Fair Labor Standards Act (FLSA) by not paying college football players a minimum wage or overtime. “The reality of the relationship between the students and the universities …

January 8, 2018 Antitrust / NCAA

NCAA Wins Motions in Antitrust Litigation

On January 3, 2018, Judge Nathanael M. Cousins denied the class of former NCAA student-athlete’s motion to reopen discovery in the NCAA antitrust litigation. The litigation began in March 2014, when former student-athletes claimed that the NCAA violated antitrust laws by capping scholarship awards below the actual cost of college attendance.

The former student-athletes wanted to reopen discovery to gain access to a public opinion survey conducted by the NCAA, which according to the players said that 79 percent of Americans believe that big universities …

December 21, 2017 Basketball / Litigation / NCAA

Rick Pitino Shoots Back at Adidas’ Motion to Dismiss Emotional Distress Suit

Dribbling around the allegations connecting him to a bribery scandal, former University of Louisville men’s basketball coach, Rick Pitino, fought back against Adidas’ arguments to toss his claim alleging emotional distress. Adidas filed a motion at the end of November to either dismiss the case for failure to state a claim or stay it in favor of mandatory arbitration because of a provision in a contract between Pitino and Adidas. Pitino, in response, argued the product endorsement contract with Adidas does not apply to …

December 20, 2017 Basketball / NCAA

NCAA Sanctions University of Northern Colorado

On December 15, 2017, the NCAA hit the University of Northern Colorado’s men’s basketball team with sanctions for the former head coach and other staff members completing coursework and paying tuition for poorly performing prospects. Additionally, one player was given extra, off-site practice.

Specifically, the NCAA Division I Committee on Infractions found that the former head coach, B. J. Hill, was fueled by his want to “succeed at any cost.” To accomplish this goal, as well as follow his high-performing predecessor’s footsteps, Hill recruited many …

December 18, 2017 Basketball / NCAA

Louisville Athletics Association Contends Pitino Must Pay Forfeited Funds

On December 13, 2017, the University of Louisville Athletics Association stated that Rick Pitino, the former men’s basketball head coach, should cover the penalties issued by the NCAA against the school. The University of Louisville Athletics Association filed counterclaims against Pitino in his federal suit over his termination. The university received penalties from the NCAA panel because of allegations that a former operations director used strippers and escorts to attract potential players. However, once the FBI investigation was complete, there were only charges against an …

December 4, 2017 NCAA

NCAA Rules Ole Miss Lacked Control Over Football Program

On December 1, 2017, an NCAA panel decided that the University of Mississippi (Ole Miss) promoted an “unconstrained culture of booster involvement in football recruiting,” and handed out more penalties to the school over recruiting misconduct, including impermissible benefits given to athletic prospects and academic fraud. The decision comes from a case against Ole Miss for 21 allegations of NCAA rule violations over a five year period, including providing prospective athletes with cash, housing, apparel, and other improper benefits.

The NCAA panel found that the …

November 30, 2017 NCAA

NCAA, Pac-12 Want Ninth Circuit on their Side in Student-Athlete Wage Suit

The NCAA and the Pac-12 filed a brief asking the Ninth Circuit to uphold the dismissal of a wage action brought by a former USC football player, arguing that not paying student-athletes is precisely what makes them amateurs. “FBS [Football Bowl Subdivision] football players are not Fair Labor Standards Act (FLSA) Employees because amateurism — a system in which compensation is explicitly prohibited — ‘defines the economic reality’ of their activity.” The brief further argued the state law claims failed because California defines the players …