September 7, 2018 Golf / Intellectual Property / Intellectual Property, Copyright, and Trademark / Litigation / Trademark

TaylorMade Takes Case to Patent Trial and Appeal Board

On August 30, 2018, the United States Patent Trial and Appeal Board (PTAB) agreed to hear two challenges by TaylorMade Golf Company, Inc. (TaylorMade) against its fellow golf manufacture rival, Parsons Xtreme Golf LLC (Xtreme). The patents in question, US Patent No. 9,199,143 and US Patent No. 8,961,336 were previously filed by Xtreme and have remained a source of contention between the two companies for over a year.

Back in September 2017, Xtreme accused TaylorMade of selling golf clubs that infringed multiple of Xtreme’s patents, …

August 23, 2018 Copyright / Intellectual Property / Litigation / NFL

Retired NFL Players Denied Class Certification in Copyright Lawsuit Against EA

On August 17, 2018, a group of retired NFL players was denied class certification in California Federal Court for the second time. As we have previously reported, the retired NFL players claimed that EA created physically and biographically similar avatars of the former NFL players and used them in their famous Madden NFL video game. According to the former players, EA used the player’s actual positions, teams, accurately pointed to the players’ retired statuses, and EA publicized their use by coining certain features of …

August 14, 2018 General / Intellectual Property, Copyright, and Trademark / Trademark

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

According to shoe hero, 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 …

August 9, 2018 Bountygate / Copyright / Intellectual Property / Intellectual Property, Copyright, and Trademark / Litigation / NFL / TV

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, …

July 24, 2018 Contract / Fantasy Sports / Gambling / Intellectual Property / Intellectual Property, Copyright, and Trademark / Litigation / Trademark

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, …

July 18, 2018 Intellectual Property / Litigation / NFL

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 …

July 17, 2018 Advertising / Basketball / Copyright / Intellectual Property / Intellectual Property, Copyright, and Trademark / Litigation / NBA / Sponsorships / Trademark

Nike ‘Jumps’ Over Photographer Who Sued Over Iconic ‘Jumpman’ Logo

Nike’s namesake comes from the Greek Goddess of Victory and the sportswear giant once again lived up to their legendary name by scoring a second victory in the Ninth Circuit. The Sports Law Insider has previously reported on the three-year suit between photographer Jacobus Rentmeester and Nike over the iconic Jumpman Jordan logo.

The action started back in January 2014 when Rentmeester filed suit against Nike for copyright infringement. The iconic logo shows Michael Jordan in a common ballet pose known as the grand …

July 17, 2018 Copyright / Intellectual Property / Intellectual Property, Copyright, and Trademark / WWE

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 …

July 6, 2018 Intellectual Property, Copyright, and Trademark / MLB / NBA / NHL / Trademark

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 …

July 3, 2018 Advertising / Copyright / Intellectual Property, Copyright, and Trademark / NCAA / Rights / Trademark

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. According to a bail bond company near me, 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 …