Author: Joseph M. Hanna

Joseph M. Hanna is the founder and chair of Goldberg Segalla’s Sports and Entertainment Practice Group and editor of the Sports and Entertainment Law Insider blog. With a national practice and industry-wide reputation for leadership, Joe is consistently ranked among the top 10 attorneys based in Western New York in Business First’s annual Legal Elite, and in 2015, Joe was the youngest honoree ever to be named Lawyer of the Year in the Bar Association of Erie County’s 130-year history. He was named a Rising Star by Law360 in 2014 and is also a member of the Mediator Panel for the U.S. District Court for the Western District of New York.

December 8, 2015 Advertising / Antitrust / Golf / Litigation

Judge Alludes to Dismissal of Caddy Ad Lawsuit

At a hearing on Thursday, December 3, 2015, U.S. District Judge Vince Chabbria indicated that he is likely to dismiss an antitrust lawsuit brought by professional caddies against PGA Tour, Inc.

In February 2015, professional caddie Mike Hicks and 81 others filed a class-action antitrust suit against the PGA Tour in a California federal court, alleging the Tour’s misappropriation of their “likeness and images in commercial activities.” The caddies seek for a share of revenue flowing in from caddies wearing bibs that display sponsors’ logos, …

December 7, 2015 Litigation

FTC and Montel-Endorsed Apparel Company Settle Lawsuit

On Tuesday December 1, 2015, the Federal Trade Commission, the government body behind legal advertising in the United States, announced it had reached a $1.35 million settlement with Tommie Copper, a clothing company who had advertised its garments could alleviate body aches and pains special copper-infused compression wear. The announcement of the settlement comes on the heels of the FTC filing suit against the company last week in a New York Federal Court. The FTC claimed that the company committed fraud through its advertisements, claiming …

December 7, 2015 Antitrust / NBA

Stubhub Files Notice of Appeal in Antitrust Lawsuit

On Tuesday, December 1, 2015, Stubhub filed its Notice of Appeal with the U.S. Court of Appeals for the Ninth Circuit, urging the Circuit Court to review its recently dismissed lawsuit against the reigning NBA champions, the Golden State Warriors.

Stubhub originally filed its lawsuit in April, alleging that the Warriors violated the Sherman Antitrust Act by restricting the “resale” of season tickets to Ticketmaster’s platform. The Warriors and Ticketmaster countered with a motion to dismiss, arguing that Stubhub failed to allege a …

December 7, 2015 Litigation

Derivative Suit Revamped on Behalf of Frontier Baseball League’s Failed Expansion

On Wednesday, December 2, 2015, an amended complaint was filed in Indiana District Court by Stuart Williams, the owner of the Pennsylvania-based Washington Wild Things, against four defendants, claiming that they interfered with the independent baseball league’s planned expansion in 2014. The Wild Things are a member of the Frontier Professional Baseball League, which is composed of 13 teams operating mostly in the Midwest states of Ohio, Pennsylvania, Illinois, Michigan, Kentucky, and Indiana. The four named defendants include former owners and board members of two …

December 4, 2015 Intellectual Property, Copyright, and Trademark

Nike Files Opening Brief in Ninth Circuit “Jumpman” Appeal

On Friday, November 27, 2015, Nike filed its brief urging the Ninth Circuit to uphold the dismissal of allegations that Nike Inc.’s “Jumpman” logo was an improper reproduction of a picture taken of Michael Jordan by plaintiff photographer.

The plaintiff photographer, Jacobus Rentmeester, originally took his photograph of Michael Jordan in 1984, and sold it to LIFE Magazine. At the photo-shoot, he captured one of the most well-known pictures of Jordan. He alleges that Nike paid $150 for the use of the negatives from that …

December 3, 2015 Concussions

Federal Judge Severs Claims Against Riddell in NFL Concussion Litigation

On Tuesday, December 1, 2015, U.S. District Judge Anita B. Brody severed claims against helmet company, Riddell Inc., from those pursued against the NFL in relation to a suit brought by players who have sustained traumatic head injuries during their careers.

A settlement between the NFL and the players was reached back in April, however, this settlement did not include the Riddell defendants. The court addressed the Riddell defendants on Tuesday, when it granted the helmet company’s motion for severance.

In granting Riddell’s motion for …

December 3, 2015 Intellectual Property, Copyright, and Trademark

The Fakest Place on Earth? Chinese Government Fines Phony Disney Hotel Owners

The Shanghai city government has fined five knockoff hotels for trademark infringement claiming that the hotels violated the intellectual property rights of the Walt Disney Company. Shenzen Vienna Hotels Group, the owners and operators of the five hotels in question, used unauthorized Disney trademarks on signs and websites, authorities say. The Shanghai Municipal Administration for Industry and Commerce fined each hotel 100,000 yuan, or a little more than $15,000 for the trademark violations.

The fines come in response to the Chinese government’s pledge to protect …

December 2, 2015 Fantasy Sports

DraftKings and FanDuel Agree with Plaintiffs: Putative Class Actions Should Be Consolidated

As the number of class actions against DraftKings, Inc. and FanDuel, Inc. continues to rise, the two companies agree with the many plaintiffs who have filed motions seeking consolidation.

The lawsuits have been filed against DraftKings and FanDuel in jurisdictions across the country — there are currently 37 putative class actions. A number of plaintiffs have filed motions with the Judicial Panel on Multidistrict Litigation requesting that the actions be consolidated under one court. In papers submitted in response to these motions (filed on …

December 2, 2015 Litigation

Discovery Disputes Continue in Lance Armstrong, DOJ Lawsuit

In June 2010, Floyd Landis — retired professional road racing cyclist — filed a lawsuit under the federal False Claims Act, alleging that the doping at the United States Postal Service (USPS) professional cycling team amounted to defrauding the federal government, which was the team’s primary sponsor. Landis named a number of defendants, including seven time Tour de France winner Lance Armstrong.

In 2013, the federal government, represented by the United States Department of Justice, joined the lawsuit. The False Claims Act is designed to …

2001 NCAA Basketball Champs Appeal 9th Circ. Dismissal of Likeness Suit

In March of this year, U.S. District Judge Andre Birotte Jr. dismissed a lawsuit brought by former NCAA basketball players alleging that the licensing of copyrighted photographs violated their right of publicity. Patrick Maloney and Tim Judge — both former members of the Catholic University 2001 NCAA Championship basketball team—initially brought the suit in relation to a deal the NCAA made with T3Media in 2012 to host and license the league’s photo library. Through this deal, the public could purchase non-exclusive licenses to the copyrighted …