Five in NYC Charged for Selling Over $73M in Counterfeit Jordans

Five New York City individuals have recently been charged for the sale of over $73 million worth of counterfeit Nike Air Jordans, in a ring thought to have been active since at least 2016. On August 3, 2018, a complaint was filed in the Southern District of New York, alleging that Miyuki Suen, Jian Min Huang, Songhua Qu, Kin Lui Chen, and Fangrang Qu conspired to and did traffic counterfeit goods in violation of federal law. The investigation was led by Homeland Security Investigations (HSI),…
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Bizarre Inside Edition Lawsuit that Involves the Murder of a Former NFL Player

On August 6, 2018, Billups P. Percy sued Inside Edition Inc. after Inside Edition allegedly used Percy’s copyrighted video of Anthony Hayes. On December 26, 2005, Percy, a Louisiana-based photojournalist, video recorded Anthony Hayes wielding a knife while surrounded by New Orleans police officers. Hayes was shot and killed by a police officer after he lunged at a police lieutenant. Percy later registered the video with the U.S. Copyright Office and he was given rights to the video as the sole owner of all “right,…
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CBS Interactive Inc. Sued for Trademark Infringement

On July 13, 2018, Fulltime Fantasy Sports, LLC (Fulltime) sued CBS Interactive Inc. (CBSi) for trademark infringement, false advertising, breach of contract, conversion, unlawful and deceptive practices, and unfair competition. According to the complaint, “[a]s fantasy football season approaches, Fulltime has been forced to file this action to seek relief from the Court’s so that CBSi will stop misappropriating Fulltime’s intellectual property and good will, stop confusing consumers, and pay Fulltime what it is owed.” Fulltime, founded in 2011, “provided premier fantasy sports content,…
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NFL Enterprises LLC Settles Patent Dispute

On July 10, 2018, NFL Enterprises LLC reached a settlement with OpenTV Inc. While the details of the settlement were not disclosed, the two parties did terminate their ongoing proceeding before the United States Patent and Trademark Office, Patent Trial and Appeal Board and their ongoing lawsuit in the United States District Court of California. Back in May 2017, OpenTV and Nagravision SA filed eight patent infringement claims against the NFL Enterprises claiming that various video content used by the NFL Enterprises viewers on their…
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WWE and Take-Two Interactive Move to Dismiss Tattoo Artist Copyright Infringement

On July 9, 2018, World Wrestling Entertainment Inc. (WWE) and Take-Two Interactive Software Inc. (Take-Two) moved to dismiss the suit brought by Catherine Alexander, a tattoo artist for professional WWE wrestler Randy Orton. As we have previously reported, Alexander, sued WWE and Take-Two claiming that several video games in the WWE 2K series illegally copied Alexander’s copyrighted tattoos in the Randy Orton game avatar. Between 2003 and 2008, Alexander created several tattoos for Orton, including tattoos on his upper back, forearms, upper arms, and…
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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…
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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. 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 that they receive tens of millions of visits per…
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Precedent Setting Copyright Case Finally Comes to an End

The precedent setting case Varsity Brands, Inc. v. Star Athletica, LLC, was decided by the United States Supreme Court in March 2017. As we have previously covered, the decision held that a cheerleading uniform’s decorative elements may be protected under copyright law. The ruling provided some resolution regarding the disagreement over when these types of designs are eligible for protection under U.S. copyright law. However, after the decision, the court asked the parties to prepare a joint report setting forth a suggested path…
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Update: LeBron Seeks to Dismiss Infringement Suit

As we have previously covered, LeBron James became the target of an infringement suit in April 2018, after a barbershop owner and host of a University of Alabama talk show alleged that he copied his barbershop-themed show. James’ show, “The Shop”, and the Social Club Grooming Co.’s show, “Shop Talk”, respectively, are comparably themed, and each center on interviewing celebrity guests as they get haircuts. Though the Social Club (the d/b/a of plaintiff, Adventure Enterprises, Inc.) initiated the suit, the ball was first put…
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