Boom – Trademark Infringement Case Against Nike Survives, For Now

On July 3, 2012, Ohio federal Magistrate Judge Nancy A. Vecchiarelli recommended that part of a trademark infringement case against Nike, Inc. survive a motion to dismiss in a trademark infringement suit brough by Edward W. Tovey.  Mr. Tovey claims that Nike infringed on a line of sports clothing he allegedly developed with LeBron James’ girlfriend in 2009.  In a recommendation to the district court, Judge Vecchiarelli stated that, contrary to Nike’s assertions, Tovey’s federal trademark infringement and unfair competition claims (as well as some accompanyingOhiostate law claims) should be allowed to proceed.  Still, the judge did recommend that Tovey’s claims for trademark counterfeiting and contributory/vicarious infringement should be dismissed. Tovey’s suit asserts that he developed his clothing line, which contains the registered “Boom Yo!” trademark, after attending a college ...
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Players Sue NFL Over Bountygate Bans

With the concussion related class action lawsuit consolidated and ongoing, the NFL was called back into Federal court in Louisiana this week on an unrelated matter.  On July 5, 2012, the NFL Players Association (NFLPA) sued the NFL over the suspension of several players for their alleged participation a bounty program, a scheme funded by players and coaches that offered monetary rewards for players who injured opponents.  Three players from the New Orleans Saints – Scott Fujita, Anthony Hargrove, and Will Smith – were suspended without pay by league commissioner Roger Goodell for participation in the scheme during the 2009, 2010 and 2011 NFL seasons.   In its complaint, the NFLPA asserts that the players were entitled to a “transparent, credible and fair” arbitration process under certain provisions of the collective ...
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Walt Disney Pictures and Buena Vista Home Entertainment Sue Horse-Racing Announcer’s Estate Seeking Declaratory Judgment on Right of Privacy/Copyright Claims Over Secretariat

Walt Disney Pictures and Buena Vista Home Entertainment filed a complaint in the United States District Court for the Eastern District of New York on Friday, June 29, requesting declaratory judgment against family members of the late horse-racing announcer Charles Anderson. The companies are seeking to pro-actively guard against the estate’s right of publicity and copyright claims related to the 2010 film Secretariat. According to the complaint, Anderson’s widow, daughters, and sons have spent the past two years asserting multiple bases of liability for what they claim was an unauthorized use of Anderson’s voice in both the motion picture and the additional bonus materials. Anderson’s family members contend that Secretariat included depictions of races originally called by Anderson, and that the DVD and Blu-Ray releases of the movie include video ...
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Olympic Competitors Facing Hi-Tech Drug Tests and Sedative Bans

Olympic competitors who plan to run the risk of taking performance-enhancing substances before or during the London Summer Olympics are facing “the most sophisticated anti-doping operation in the history of the Games.” A private sponsor will be aiding in the drug testing this year—a first in Olympics history—by providing facilities for scientists to conduct the testing. More than 6,250 samples of blood and urine will be tested (as compared to 4,500 samples tested inBeijing), with approximately 150 scientists running tests around the clock. The list of banned substances runs to 10-15 pages. Even if the athletes are not caught now, they could be caught in the next 8 years, because samples can be re-analyzed. World Anti-Doping Agency Director General David Howman has stated: “The laboratory will have everything it could ...
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Concussion Study Suggests Dangers Associated with Certain High School Sports

The American Journal of Sports Medicine recently published a new study on the epidemiology of concussions amongst high school athletes by comparing the rates and patterns of concussions across 20 sports.[1]  After analyzing athlete exposures and injury data collected from a large, nationally disperse selection of U.S. high schools (between 2008 and 2010), the study found that the majority of concussions suffered (47 percent) resulted from participation in football.  The next highest percentage of recorded concussions resulted from girls’ soccer (8.2 percent), followed by boys’ wrestling (5.8 percent), and girls basketball (5.5 percent).  Of all the sports studied, concussions accounted for the highest percentage of total injuries incurred (22.2 percent ) in boys’ ice hockey.  Interestingly, the study also found that concussive injuries were 6.4 times more likely to occur ...
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Supreme Court to Review Comcast Class Certification Appeal

The Supreme Court announced on June 25, 2012, that it will be reviewing the Third Circuit U.S. Court of Appeals’ decision in Comcast v. Behrend.  The Court will limit its review to the question of “[w]hether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages on a class-wide basis.”  Comcast sought the review, arguing that the plaintiff class does not have the required commonality of interest for class certification. The original antitrust suit, filed in 2003, alleged that Comcast “clustered” cable systems in the Philadelphia area by buying rivals and swapping coverage areas.  The plaintiffs argue that these actions enabled the company to control the market and raise ...
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