July 6, 2018 Intellectual Property, Copyright, and Trademark / MLB / NBA / NHL / Trademark

Major Sports Leagues Band Together Against Merchandise Counterfeiters

Three major sports leagues, among others, have recently banded together to put an end to a purportedly massive online circuit of sports merchandise counterfeiters using the leagues’ distinctive trademarks. On July 2, 2018, NBA Properties, Inc., MLB Advanced Media, L.P., NHL Enterprises, L.P., IMG College Licensing, LLC, and the Board of Regents of the University of Nebraska (Plaintiffs) filed suit against an undisclosed list of foreign defendants for alleged trademark infringement.

Plaintiffs contend that the online stores are selling their products by using their distinctive …

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 …

July 10, 2017 Golf

Out of Bounds: Court Rules Against Golf Tailor’s Counterclaims in IP Dispute

In February, GolfBestBuy filed suit in California’s Federal Courts against Golf Tailor, accusing Golf Tailor of purchasing their clubs through authorized reseller Golf Gifts and Gallery Inc., and then, after gauging customer interest, going to a Chinese manufacturer to produce counterfeits. Counterfeit goods from China continue to hinder U.S. markets, and cost U.S. businesses billions a year in lost profits. According to the suit, Golf Tailor bought more than 100,000 clubs from GGG at a unit price of $17 apiece and then sold the clubs …

November 16, 2016 Litigation / MLB

No Extra Innings: Cubs, MLB Reach Settlement With Apparel Vendors

On November 9, 2016, Major League Baseball and the Chicago Cubs reached a settlement with the 84 vendors accused of selling counterfeit MLB merchandise. In the motion, the Cubs declared that it had entered into a confidential settlement with the vendors and requested that the court issue a permanent injunction, preventing them from selling the merchandise in the future.

Due to the great success the Cubs experienced this season, a large number of fake apparel vendors began selling products with symbols resembling MLB marks, leading…

September 28, 2016 Intellectual Property, Copyright, and Trademark / Litigation / MLB

Is Selling Cubs Merchandise a Crime?

Stealing bases may be a routine part of baseball, but the Chicago Cubs have made it clear that street vendors stealing merchandise have no part in America’s pastime. On September 22, 2016, Major League Baseball and the Chicago Cubs sued vendors for selling counterfeit merchandise on the streets outside of Wrigley Field.

This has been an uplifting season for the Cubs as they are in first place, standing as the top team in all of Major League Baseball. The club’s claim that vendors are “deliberately …

January 17, 2016 Litigation / NFL

NJ Judge Sustains Fraud Claims Against Eli Manning in Memorabilia Case

On Wednesday, January 13, 2016, Judge James DeLuca sustained racketeering and fraud claims against NFL quarterback Eli Manning and New York Giants’ equipment manager Joseph Skiba in relation to the 2014 action brought by Eric Inselberg, alleging that Manning and the New York Giants were distributing fake sports memorabilia. While Judge DeLuca sustained the racketeering and fraud claims, he dismissed several other claims alleged by Inselberg.

Eric Inselberg, a memorabilia dealer, brought suit in January of 2014, accusing the New York Giants of engaging in …

December 17, 2015 Intellectual Property, Copyright, and Trademark / MLB / NBA / NHL

MLB, NHL, and NBA on the Hunt for Default Judgment Against Online Counterfeiters

On December 11, 2015, MLB, NHL, and NBA league affiliates filed for a default judgment in an Illinois federal court against online counterfeiters who have failed to respond to the leagues’ pleadings.

League affiliates brought suit in October, seeking to prevent unidentified online counterfeiters from continuing to sell products that infringe upon their respective trademarks. Additionally, the leagues claimed $2 million in damages against each defendant retailer for trademarks that have already been infringed upon. The leagues contend that online counterfeiters — believed to be …

November 13, 2015 Litigation / MLB / NBA / NHL

Illinois Judge Grants Temporary Restraining Order Against MLB, NHL, and NBA Counterfeiters

On November 6, 2015, U.S. District Judge Andrea R. Wood filed a temporary restraining order (TRO), prohibiting unidentified online retailers from producing and distributing counterfeit sporting merchandise.

The suit, brought in Illinois federal court last month by MLB, NHL, and NBA league affiliates, seeks to prevent the defendant retailers from selling products featuring their logos and claims $2 million in damages for the use of their trademarks. In their suit, the leagues claim that online retailers — believed to be based in China — have …

June 1, 2015 Litigation / NFL

One Giant Accusation: Motion to Disqualify Judge Now Pending in Giants Fake Merchandise Lawsuit

Eric Inselberg, a memorabilia dealer bringing suit against the New York Giants, has moved to disqualify Superior Court Judge James DeLuca, contending that his impartiality is at issue. Judge DeLuca has disclosed that he is the owner of two personal seat licenses that enable him to purchase season tickets for Giants home games. Additionally, he has stated that while his son essentially controls the tickets, he does attend one or two of the games per season and has been a fan of the franchise since …

April 22, 2014 Fraud

Borgata Refunding Entrance Fees From Poker Tourney Tainted by Fake Chips

Following a three month investigation, the New Jersey Division of Gaming Enforcement issued an order on April 14th indicating that $1.7 million in prize money should be refunded to nearly half of the individuals that participated in a January poker tournament.

Tournament participants were required to pay a $560 entrance fee – $60 of which went to the house and $500 which went to the overall prize pool. However, the tournament was halted shortly after it began when the casino discovered that hundreds of fake …