Illinois and Texas: The Latest in the Daily Fantasy Sports Legality Issue

As daily fantasy sports (DFS) litigation is on standby in New York (pending is the expedited appellate hearing scheduled for January 4, 2016), the situation is heating up in Illinois and Texas.

Sparked by an alleged September 2015 insider trading scandal between DFS industry leaders DraftKings, Inc. and FanDuel, Inc., the legality of DFS has become a national issue among the country’s individual states. Under the Unlawful Internet Gambling Enforcement Act (2006), states have the individual and independent right to determine whether a subject activity …

Continue Reading

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 …

Continue Reading

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 …

Continue Reading

Class Action Filed Against NBA Video Game Developer

On Monday, October 19, 2015, two Illinois residents filed a proposed class action lawsuit against Take-Two, a video game publisher, developer, and distributor, alleging violation of privacy rights.

The video games in question are Take-Two’s NBA 2K15 and NBA 2K16 for PlayStation 4 and Xbox One gaming platforms. According to the complaint, Take-Two integrates PS4’s camera and Xbox’s Kinect camera into the games, allowing users to create NBA players with a “personally identifying facial rendition.” The plaintiffs argue that this feature constitutes illegal collection of …

Continue Reading

MJ Continues Winning Ways: Judge Allows Jordan’s Likeness Suit to Continue

On Friday, June 5, an Illinois federal judge ruled that Michael Jordan can continue his right of publicity suit against Jewel Food Stores, Inc.  The lawsuit arose out of an ad featured in a special edition of Sports Illustrated following Jordan’s induction into the Naismith Memorial Basketball Hall of Fame.  The ad featured text that congratulated Jordan on his induction, a pair of basketball shoes portraying the iconic number 23 that Jordan wore during his playing days, and Jewel-Osco’s logo with the slogan “Good Things …

Continue Reading