September 19, 2018 Advertising / NFL / Privacy Rights / Rights

NFL Sued by Former Athletes over Pro Bowl Promotionals

World Sports Alumni Inc. (WSA), a sports marketing firm, is suing the NFL and a chapter of the National Football League Alumni Association (NFLAA) over the use of former athletes’ names and pictures in promotional advertisements without their permission.

WSA alleges that the NFL and NFLAA depicted retired NBA player Nick Anderson, retired NFL player Brandon Meriweather, and retired heavyweight boxing champion Riddick Bowe to promote the Pro Bowl events without the former athletes’ knowledge or consent. The complaint states that, in December 2017, NFLAA …

September 12, 2018 Class Actions / Intellectual Property, Copyright, and Trademark / NFL / Rights

In Pursuit of Class Certification against EA, Retired NFL Players Cite Bette Midler

The retired NFL players suing Electronic Arts Inc. (EA) are citing an unexpected figure in their continued efforts to gain class certification: singer Bette Midler.

The athletes’ action against EA began in 2010, over the company using their likeness in the video games, arguing that, while EA pays the NFL players union when featuring the names and likeness of current players, EA failed to compensate retired players in the same fashion. A federal judge recently ruled against the athletes, refusing to certify their case as …

July 3, 2018 Advertising / Copyright / Intellectual Property, Copyright, and Trademark / NCAA / Rights / Trademark

University of Arkansas Files Suit Against Counterfeit Retailers

On Tuesday, June 26, 2018, the University of Arkansas’ Board of Trustees filed a suit seeking to stop a “massive network” of counterfeit websites selling fake or unregistered Razorback merchandise. According to a bail bond company near me, the suit was filed in U.S. District Court, in the Northern District of Illinois. Defendants are not named, but are described as retailers “residing in China” or “other foreign jurisdictions”, operating “without any authorizations or licenses”. These phony retailers are extremely successful, as the complaint alleges …

June 21, 2018 Ethics / General / Golf / Litigation / Rights

USGA Reaches Agreement with Shinnecock Indian Nation Ahead of U.S. Open

The United States Golf Association (USGA) will host the 2018 United States Open at Shinnecock Hills Golf Club in Southampton, New York on June 14-17. This will be the fifth time the national championship is held at Shinnecock, and the first time since 2004. The second ever U.S. Open was played at Shinnecock in 1896, which marked the start of a long standing relationship between the USGA and the Shinnecock Indian Nation.

Shinnecock Hills Golf Club was constructed on land once owned by the Shinnecock …

June 18, 2018 Antitrust / Baseball / Legislation / Litigation / Rights

SCOTUS Declines Opportunity to Reconsider MLB Antitrust Exemption

Major League Baseball’s immunity from antitrust violations under the Sherman Act has been called an “anomaly.” It has also been consistently upheld by courts since 1922, when it was unanimously affirmed by the Supreme Court of the United States. The exemption was codified by Congress in the Curt Flood Act of 1998, maintaining an exemption for MLB and its clubs when conducting the “business of baseball” and providing more freedom to players seeking free agency and salary arbitration.

Despite striking out with lower courts, two …

February 28, 2017 Rights

Are EA’s Visual Representations in Madden Generic Enough to Avoid Liability in Publicity Claim?

In 2010 Michael Davis and other former NFL players filed suit in California, alleging that video game maker Electronic Arts (EA) violated their rights of publicity when it used famous teams from the past in Madden games from 2001 until 2009. In their complaint, the retired players argued that while EA obtained permission from current players to use their names and likeness, the company failed to do so with the retired players. While the former players did not allege that their names actually appeared in …

April 16, 2016 NFL / Rights

Minnesota Judge Orders Awarded Damages in NFL Publicity Case to Remain in Escrow

On April 12, 2016, a Minnesota federal judge ordered $150,000 in payments awarded be kept in escrow in response to a request made by NFL players’ attorneys that the fees awarded to certain law firms be withheld, due to a “loan squabble.”

In 2010, professional football player John Frederick Dryer filed a putative class action against the National Football League. His main argument claimed that NFL films violated professional football players’ publicity rights and rights under the Lanham Act, 15 U.S.C. 1125. Out …

February 27, 2015 Copyright / Intellectual Property / Intellectual Property, Copyright, and Trademark / Litigation / Music / Rights / Trademark

“The Blueprint” for an Infringement?

A recently-filed case in a California federal court has Jay-Z and his promoters at Live Nation wondering whether they’ll continue to reap the benefits of the 1999 hit single Big Pimpin’ or whether they’ll be “spending G’s” to clean up a potential infringement posed by a sample looped throughout one of S. Carter’s most famous tracks. Last week, an Egyptian plaintiff named Osama Ahmed Fahmy sued Live Nation Entertainment, Inc., seeking unspecified actual damages and costs, alleging Live Nation’s continued “use” of Big Pimpin’ in …

October 14, 2014 NFL / Rights

Judge Dismisses Publicity Rights Lawsuit by Former NFL Players

A federal judge in Minnesota nixed a lawsuit brought by three former NFL players Fred Dryer (LA Rams), Elvin Bethea (Houston Oilers), and Ed White (Minnesota Vikings) who claimed that the NFL violated their publicity rights in using video clips of them playing football. The players had opted out of a $50 million settlement offered in a class action suit over publicity rights of athletes.

U.S. District Judge Paul Magnuson found the NFL Films’ productions that featured game footage of Ram, Oilers, and Vikings were …

April 17, 2014 Rights / Trademark

Merriman Lawsuit May Be “Lights Out” for Nike

Former NFL linebacker Shawne Merriman is suing apparel giant Nike. Merriman’s company, Lights Out Holdings LLC, filed suit in California claiming that Nike infringed his trademark in “Lights Out” after Nikeintroduced a “Lights Out” line of merchandise. Merriman earned the “Lights Out” nickname in high school when he knocked out four opposing players in one game. Merriam secured a federal trademark in “Lights Out.” It has been used in several off-field ventures and is largely associated with Merriman’s persona.

According to the suit, although Nike …