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.

July 29, 2015 Intellectual Property, Copyright, and Trademark / Litigation

Gaining Momentum: Opposition in Redskins Lawsuit Enter Into Similar ‘Slants’ Case

On Friday, July 24, Amanda Blackhorse and the other Native Americans challenging the Washington Redskins over the team’s trademark registrations jumped into a parallel case in the Federal Circuit. The other case involves The Slants, a band that was refused a trademark in 2013 due to the name being offensive to Asian-Americans, and the en banc Federal Circuit’s decision could weigh heavily in the challengers’ case against the football team.

The Slants are currently arguing that the government’s ban on disparaging trademarks violates the First …

July 28, 2015 NFL

Running Out of Air: NFL Commissioner Upholds Brady Four-Game Suspension

On Tuesday, July 28, NFL Commissioner Roger Goodell upheld the four-game suspension imposed on New England Patriots’ quarterback Tom Brady on May 11. The NFL announced that Goodell’s decision to uphold the suspension was based on the Wells Report and evidence that came to light during the ten-hour appeal hearing last month.

Specifically, Goodell noted that Brady’s destruction of his cell phone was a factor in upholding the suspension. He explained how Brady had exchanged nearly 10,000 text messages during the four months that the …

July 26, 2015 Contract

Loose Lips Sink Ships: Yahoo Counter-Claims Against SCA Promotions For Allegedly Disclosing Confidential Information

On Tuesday, internet giant Yahoo Inc. asked a Texas federal judge to sanction insurer SCA Promotions Inc. and its attorneys for allegedly breaking confidentiality rules. Yahoo claims this violation occurred when SCA filed its motion for summary judgment and supporting documents in the publicly accessible online service known as PACER.

Yahoo claims

“In a blatant ploy to influence the jury pool, to resurrect a case with no basis and to garner some bizarrely needed but desperate notoriety, SCA has now violated the protective order governing

July 25, 2015 Intellectual Property, Copyright, and Trademark

Nintendo Beats the Game, Wins Patent Suit Over Game Boy Controls

On Friday, July 17, Nintendo Co. Ltd. emerged victorious in a patent infringement lawsuit brought by Quintal Research Group Inc. The suit alleged that Nintendo’s handheld gaming systems, such as Game Boy Advance, Nintendo 3DS, and Nintendo DSi, infringed a patent owned by Quintal. However, California federal judge Saundra Armstrong disagreed, awarding judgment to Nintendo.

In 2008, Quintal secured a patent for a “computerized information retrieval system.” As the patent proposes, this system is described as

“having a generally rectangular shape, with a display screen

July 25, 2015 Intellectual Property, Copyright, and Trademark / Trademark

The Dark Knight Refuses: USPTO Prohibits Softball Team From Using Batman Logo

On Friday, July 17, the U.S. Patent and Trademark Office ruled that a softball team cannot use a lookalike of the Batman logo with the name “Gotham Batmen.” The USPTO agreed with DC Comics that the Batman mark is famous due to its use in comic books and movies, thus protecting it under the Trademark Act.

In order to stop trademark infringement in any case, the first or senior user of the mark must prove likelihood of consumer confusion. In this determination, courts generally look …

July 24, 2015 Litigation / NFL

Interference: NFL Sued After Cancellation of Fantasy Football Event

Another day another lawsuit. Fan Expo LLC, a company with ties to Cowboys Quarterback Tony Romo, filed a suit in Dallas on Monday against the NFL after it allegedly interfered with a National Fantasy Football Convention that was supposed to take place earlier this month.

Initially scheduled for July 10-12, the convention was planned to take place in The Venetian and feature NFL players including Tony Romo, Dez Bryant, Rob Gronkowski, Odell Beckham Jr., as well as a number of others. The lawsuit alleges …

July 23, 2015 Litigation / NCAA

Hold Everything: NCAA Seeks To Stay Deferred Payments to Players

On Friday, July 17, the NCAA asked the 9th Circuit Court of Appeals to pause an injunction that allows college athletes to receive deferred compensation for the use of their names, images, and likenesses. Under the injunction, the NCAA must allow for schools to pay football and men’s basketball players up to the federally defined cost of attendance, plus $5,000 per year for use of their names and likenesses, starting on August 1.

The NCAA immediately appealed Judge Claudia Wilken’s ruling, and oral arguments were …

July 21, 2015 Litigation / Music

99 Problems And A Lawsuit’s One: Jay-Z Streaming Companies Sued Over Lil Wayne Tracks

A lawsuit was filed in New York on Thursday by rapper Lil Wayne’s label company Cash Money Records against rapper Jay-Z’s streaming services including Aspiro and WiMP Music, which operates a streaming service known as Tidal. The lawsuit alleges that Defendants wrongfully engaged in the early release of Lil Wayne’s newest album, and that Defendants are hurting CMR’s investments in Lil Wayne.

In CMR’s court filings, it alleges the following of Defendant streaming companies:

[Defendant’s actions] are a desperate and illegal attempt to save their

July 20, 2015 NFL / TV

Rigging The Game: Bar Owner Says NFL-DirectTV Partnership Violates Sherman Anti-Trust Laws

A class-action lawsuit was filed in federal court on Monday against the National Football League and broadcast satellite service provider DirecTV over their NFL Sunday Ticket partnership. The suit was brought by Ninth Inning Inc., which owns The Mighty Duck sports bar, on behalf of similarly situated establishments. The complaint generally alleges that the business relationship between the NFL and DirecTV is an impermissible monopolistic partnership in violation of Sherman Anti-Trust laws.

In a statement, Ninth Inning described its position:

Because DirecTV and the NFL

July 20, 2015 NBA / NFL

Growing Up Big and Strong: FanDuel Raises $275M in Financing

On Tuesday, July 14, daily fantasy sports website FanDuel Inc. announced that it brought in $275 million after closing a round of financing, bringing its total venture capital funding to $363 million. The funding is led by private equity firm KKR, Google, and Time Warner, and the company stated that it plans to use the financing to boost customer acquisition efforts, introduce new products, and build its management team.

Additionally, the company noted that several NFL and NBA team owners participated in the funding round …