Nike and Ohio State Ink 15-Year Sponsorship Contract

The apparel and sportswear war continues. On January 14, 2016, Ohio State and Nike, Inc. announced their deal to extend Nike’s sponsorship of Ohio’s flagship university. The $252 million deal — $112 million in Nike merchandise and $103 million in cash, including royalty income — will extend into the next 15 years.

The competition for contracts among apparel companies is greater than ever, with more companies entering the big stage in recent years — or at least, the big stage in America. Over the last …

January 15, 2016 Intellectual Property, Copyright, and Trademark

Second Cir. Hears Appeal Against Jay-Z and Roc-A-Fella Records

On Wednesday, January 13, 2016, defendants Jay-Z and Roc-A-Fella Records urged a Second Circuit panel of judges that music producer, Chauncey Mahan, missed the statute of limitations to bring a copyright suit claiming co-ownership for dozens of songs released by Jay-Z and Roc-A-Fella Records between 1999 and 2000.

Chauncey Mahan originally brought his claim in 2014 and it was later dismissed in April of 2015, awarding the defendants $250,000 in legal fees based on a finding that the claims were unreasonable and frivolous. Mahan has …

January 15, 2016 Fantasy Sports

Daily Fantasy Sports Industry Voices Concerns Over Mass. AG’s Regulations Proposal

On January 12, 2016, the State of Massachusetts held a public hearing on proposed regulations for daily fantasy sports gambling (DFS). The DFS industry voiced many concerns.

In November 2015, Mass. Attorney General Maura Healey proposed consumer protection regulations. Rather than banning DFS altogether, the proposed regulations would seek to ensure transparency, truthful advertising, and the protection of the young. Such regulations would prohibit Massachusetts DFS players less than 21 years of age. The proposal also seeks to place a $1,000 monthly deposit limit …

January 14, 2016 NFL

Raiders Left Without Permanent Home Following NFL Relocation Decision

On January 12, 2016, NFL owners met in Houston and approved a plan to move the St. Louis Rams to Inglewood, California — a city just a few miles south of downtown Los Angeles. The owners also granted the San Diego Charges an option to join the Rams in Inglewood, provided that the team exercise the option by January 2017. The league noted that if the Charges fail to exercise the option, then the Oakland Raiders will have the option to make the move to …

January 14, 2016 NFL

Rams Move to Los Angeles Approved; Are Chargers Next?

On January 12, 2016, owners of the 32 NFL teams met and approved a plan that moves the St. Louis Rams out of St. Louis and to Inglewood, California. Also, during this meeting, the San Diego Chargers were granted a “stadium-sharing deal” to join the Rams in Inglewood—a city just a few miles south of downtown Los Angeles.

Both the St. Louis Rams and the San Diego Chargers have been persistently working to find stadium alternatives in order to keep their franchises but have come …

January 13, 2016 Intellectual Property, Copyright, and Trademark / Litigation / NFL

It May Be “Lights Out” For Merriman’s Lawsuit Against Nike

On Friday, January 8, 2016, Nike, Inc. filed a motion for summary judgment, seeking to put to end to former NFL linebacker Shawne Merriman’s trademark infringement lawsuit.

Merriman filed the suit in April 2014, alleging that he is known as “Lights Out,” and that Nike has infringed on his trademark by selling their “lights out” product line because customers will mistakenly believe Merriman has endorsed it. Merriman stated: “After I was given the nickname “Lights Out” in high school, I decided to create a …

January 13, 2016 Fantasy Sports

Mass. Gaming Commission: Daily Fantasy Sports May Still be Illegal Despite Regulation Proposal

On January 11, 2016, the Massachusetts Gaming Commission released a report questioning the legality of daily fantasy sports (DFS) under state laws. The report, called the “White Paper on Daily Fantasy Sports,” was issued the day before the public hearing on Mass. Attorney General Maura Healey’s proposed regulations. In November 2015, Healey proposed consumer protection regulations for DFS rather than banning companies’ operations altogether.

In sum, the Commission argued that while regulations may protect consumers, they do not change the fact that DFS …

January 12, 2016 Litigation

Former Wrestler’s Widow Urges Court to Continue Wrongful Death Suit Against WWE

Nelson Frazier, Jr.’s widow filed a response brief to World Wrestling Entertainment’s motion to dismiss on Wednesday January 6, 2016, arguing that her complaint sufficiently claims the wrestling body concealed the potential risks of head injuries from their entertainers, which led to her husband’s death.

The WWE made a motion to dismiss in December, claiming that Frazier’s widow — who originally filed suit against them in February 2015, asserting a wrongful death action, amongst other things — failed to sufficiently explain a causal connection between …

January 12, 2016 Litigation

New York Sports Case Law Update: Recent Applications of the Assumption of Risk Defense in Sports Injury Actions

According to the doctrine of primary assumption of risk, a participant in a sport or recreational activity is deemed to consent to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation. A trio of recent cases from New York’s Appellate Division, Second Department illustrate when the doctrine of primary assumption of the risk will — and when it will not — provide summary judgment to a defendant in a sports injury …

January 11, 2016 Fantasy Sports

DraftKings, FanDuel Granted Stay of Preliminary Injunction in New York

News first broke from ESPN’s Darren Rovell that the New York Appellate Court decided to grant DraftKings and FanDuel their motions to stay preliminary injunction pending appeal. The decision was issued Monday January 11, 2016.

DraftKings and FanDuel—industry leaders in daily fantasy sports (DFS) — have been involved in litigation with New York Attorney General Eric Scneiderman since November 2015. In October 2015, Schneiderman sent the companies cease and desist letters, claiming that the companies must terminate business operations in New York because DFS …

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