January 29, 2020 Advertising / Celebrities / Golf / Intellectual Property / Intellectual Property, Copyright, and Trademark / Litigation / PGA / Sponsorships / Trademark

Fore! Jack Nicklaus Sues Maker of Golf Training Technology for Trademark Infringement

Golf legend Jack Nicklaus has sued PowerPro Sports LLC, alleging that they are unlawfully using his likeness and trademarks without his permission to promote a product.

Nicklaus Companies LLC, Jack Nicklaus’ corporate vehicle, has sued PowerPro in Florida federal court. PowerPro makes the Powerchute golf training technology, which the company claims improves golf swing through the use of aerodynamic drag. Nicklaus argues that PowerPro violated his right of publicity under Florida law, as well as violated the federal Lanham Act by engaging in false endorsement, …

January 8, 2020 Contract / Golf / Litigation / PGA

Hank Haney Sues PGA Tour, Claims They Forced SiriusXM to Cancel His Radio Show

Hank Haney, former SiriusXM radio host and coach for Tiger Woods, filed a lawsuit against the PGA Tour, alleging that they put pressure on Sirius to cancel his radio show.

Back in May, on the “Hank Haney Golf Radio” show on SiriusXM, Haney made comments about the U.S. Women’s Open that caused backlash. These comments were taken to be sexist and racist, and Haney both apologized on air and released a formal apology. Sirius initially responded by suspending Haney before cancelling his show altogether.

Now, …

December 4, 2019 Gambling / Sports Gambling

Rolling the Dice: Florida Sports Betting and Gambling

In Murray v. National Collegiate Athletic Association, the U.S. Supreme Court’s (SCOTUS) decision paved the way for states to enact sports gambling schemes. SCOTUS held that, “Congress can regulate sports gambling directly, but if it elects not to do so, each State is free to act on its own.” In essence, SCOTUS found that a federal law banning sports betting and gambling is unconstitutional.

Following this ruling, a flood of state legislatures moved to capitalize on the sports betting market. Recently, Florida State Sen. …

December 6, 2016 Concussions / NFL

NFL Hit with New CTE Lawsuit in Southern District of Florida

The latest in a string of head injury lawsuits to hit the National Football League was recently filed on November 21, 2016 in federal court in the Southern District of Florida.

As awareness of the long-term head injuries arises, so does litigation against professional sports teams in recent years with especially high-profile cases brought against the NFL. In this most recent iteration, 38 named former NFL players have sued on behalf of a group of 141 retired players seeking workers’ compensation benefits for chronic traumatic …

June 13, 2016 Litigation

Double Teamed: Judge Sides with Hogan, Blocks Gawker from Releasing Additional Footage

On Tuesday, June 7, 2016, Judge Pamela A.M. Campbell banned any further use or disclosure of the sex tape involved in Hulk Hogan’s privacy suit against Gawker Media LLC. The Florida judge’s ruling prohibits Gawker from posting, publishing, or broadcasting any portion of the 30-minute sex tape to protect the public interest and the wrestler’s privacy rights. In March, a Florida jury awarded Hogan, whose real name is Terry Bollea, $140 million in damages for publishing a sex tape between the wrestling icon and his …

January 22, 2016 Fantasy Sports

Steiner v. DraftKings, FanDuel Will Remain in Federal Court

On January 21, 2016, a Florida federal district court judge in the case of Steiner v. DraftKings, & FanDuel denied the plaintiff’s request to remand the action back to state court. The action claims the defendants are operating unlawful gambling businesses under Florida state law.

The plaintiff, Nelson Steiner, originally filed the complaint in state court, under Florida’s Sixth Circuit Court. Defendants DraftKings, Inc. and FanDuel, Inc., industry leaders in online daily fantasy sports gambling, subsequently removed the case to federal court based on diversity …

December 8, 2015 Golf / Litigation

Golf Club Members to Court: Trump Not Entitled To Summary Judgment

A Florida Federal District Court received a response in opposition for summary judgment motion on Monday November 30, 2015, by a class of former Ritz-Carlton Golf Club & Spa members seeking refunds on allegedly denied membership deposits. The response motion was filed against Donald Trump’s Jupiter Golf Club LLC, which had moved for summary judgment earlier this year. Trump had purchased the highly-touted Florida country club in 2012.

The class argues that Trump bought the club on condition it abide by the then-existing membership agreements …

November 25, 2015 Fantasy Sports

The DraftKings and FanDuel Litigations: What to Focus On as the Stakes Rise in FL and NY

Since the daily fantasy sports (DFS) insider trading scandal made headlines in late-September 2015, DraftKings, Inc. and FanDuel, Inc., the two DFS industry leaders, have been served with dozens of federal lawsuits.

This past week, some noise was made in the federal putative class action known as Gomez v. FanDuel, Inc. et al. Initially, DraftKings and FanDuel were the only defendants in the case, which was filed in the Southern District Court of Florida in October 2015.

Yet, on November 21, 2015, the Gomez…

November 23, 2015 Fantasy Sports / MLB / NBA / NFL

Upping the Ante in Fantasy Sports Litigation: NHL, NBA, MLB Added as Defendants in FL Action

Dozens of federal lawsuits have been filed against DraftKings, Inc. and FanDuel, Inc. since the insider trading scandal made news in September 2015. By way of a substantial amendment to their complaint, the plaintiffs in a Florida action have added numerous additional defendants.

This putative class action, known as Gomez v. FanDuel, Inc. et al, was filed in the Southern District Court of Florida on October 15, 2015. The suit alleges state law negligence claims against DraftKings and FanDuel — the two industry …

November 16, 2015 Golf / Labor & Employment / Litigation

Former Sous Chef Wants Florida Golf Club to Fork Over OT Pay

On November 6, 2015, former sous chef Marcos Castro initiated a putative class action against a Florida golf club, claiming that the club withheld overtime compensation in violation of the Fair Labor Standards Act (FLSA).

Castro alleges that his former employer, Windstar Club Inc., failed to compensate him with “time-and-a-half” pay for hours worked in excess of 40 hours per week. Castro claims that other employees in similar positions were also intentionally deprived of overtime compensation and he seeks an expedited order so that he …