Jack Nicklaus Settles Trademark Infringement Lawsuit with Maker of Golf Training Technology

Golf legend Jack Nicklaus settled his trademark infringement lawsuit against PowerPro Sports LLC on February 20, 2020. As we previously reported, Nicklaus Companies LLC, Nicklaus’ corporate vehicle, sued PowerPro, makers of the Powerchute golf training technology, alleging that the company unlawfully used his likeness and trademarks without permission to promote their training product.

According to the lawsuit, Nicklaus made an agreement with PowerPro and allowed the company to use videos and photographs of himself to promote their product; however, Nicklaus described the agreement as …

February 27, 2020 Baseball / Litigation / MLB

The Tail of the Phillie Phanatic – The Hidden Underbelly of the New-Look Mascot

As reported by the Philadelphia Phillies, “[h]e has evolved, but clearly hasn’t matured.”

This week, the Phillies unveiled their new-look mascot… who received little more than a touch-up. As discovered at the Phillies’ spring training home opener, the infamous Phillie Phanatic arrived with new feathers, stars outlining the eyes, an enlarged backside, and a brand new powder-blue tail, among other minor detail changes.

Most casual fans will hardly notice a difference, and even die-hard Phillies fans are split; some prefer the traditional style, while others …

February 25, 2020 Litigation / NBA

Vanessa Bryant Brings Wrongful Death Lawsuit Against Helicopter Owner

On Feb. 24, 2020, attorneys for Vanessa Bryant brought a wrongful death lawsuit against the owner of the helicopter that crashed last month, causing the deaths of Los Angeles Lakers star Kobe Bryant, their daughter Gianna Bryant, and seven other individuals. The suit was filed in Los Angeles County Superior Court while a memorial service took place at Staples Center, the arena where Kobe made much of his history. a well-known car accident attorney in Baton Rouge is heading the case.

In the complaint, Bryant …

February 24, 2020 Advertising / Concussions / Fraud / Litigation

False or Frivolous? The Court Will Decide Whether Concussion Testing Company’s Claims are Valid

ImPACT Applications, Inc. filed suit on October 29, 2019 against its competitor, Concussion Management, LLC f/k/a XLNTbrain, LLC in the U.S. District Court for the District of Maryland. In its complaint, ImPACT alleges that XLNTbrain falsely advertised its products and services in violation of the Lanham Act. In addition, ImPACT alleges that XLNTbrain engaged in unfair competition practices.

Both companies market concussion assessment and management testing products with companion software. While both companies sell similar products, there are some notable differences. For one, ImPACT is …

February 18, 2020 Litigation / NFL / Rights

Ex-NFL Player Tries to Take Marijuana De-Scheduling Lawsuit to U.S. Supreme Court

Ex-NFL player Marvin Washington and a group of medical marijuana patients told the Second Circuit that they will attempt to get their marijuana de-scheduling lawsuit against the Drug Enforcement Administration (DEA) into the U.S. Supreme Court.

In 2017, the patients sued the DEA, arguing that marijuana was improperly classified as a Schedule I controlled substance. Schedule I drugs, which include heroin and LSD, are treated by the DEA as having a high potential for abuse and no clinical value. The patients alleged that the DEA’s …

February 14, 2020 Litigation

Jury Finds Avenatti Guilty of Fraud and Extortion

On February 14, 2020, a federal jury found celebrity lawyer Michael Avenatti guilty of fraud and extortion over a scheme where he attempted to force Nike to pay him $25 million to conduct an internal probe in exchange for not publicly reporting Nike’s alleged scheme to make illicit payments to the families of high school athletes.

As we have continued to cover, on March 25, 2019, Avenatti was arrested and charged with conspiracy to commit extortion, bank fraud, and wire fraud. According to the …

February 13, 2020 Contract / Golf / Litigation / PGA

PGA Tour Calls Big Miss, Requests Dismissal of Hank Haney Lawsuit

While much of the golf universe is preparing for Tiger Woods’ next outing at the Genesis Open, his former hitting coach has also returned to the headlines.

On February 10, 2020 the PGA Tour responded to a lawsuit filed by Hank Haney, a former radio host and coach for Tiger Woods. In May 2019, on the “Hank Haney Golf Radio” show on SiriusXM, Haney made comments regarding the U.S. Women’s Open that were considered openly sexist and racist. Following a formal apology, Sirius suspended Haney …

February 12, 2020 Class Actions / Concussions / High School / Litigation / NFL

Wrongful Death Lawsuit Against Riddell Will Continue, Judge Rules

A Texas federal judge told helmet manufacturer Riddell Inc. that it will not be able to escape a wrongful death lawsuit, denying the company’s motion to dismiss based on the state’s statute of limitations.

DuQuan Myers played high school football in the Dallas area from 2005 through 2009, during which his mother, Letitia Wilbourn, claimed that he suffered 15 concussions and “innumerable subconcussive blows to the head.” Myers took his own life in February 2017, and his mother filed suit against Riddell in March 2019, …

February 11, 2020 Hockey / Litigation / NHL

Philadelphia Police Clear Gritty of Alleged Assault

Gritty, the famed Philadelphia Flyers mascot, was recently cleared of all assault charges following a Philadelphia Police Department (PPD) investigation. In 2018, Gritty was introduced, and instantly beloved, as the new mascot of the Flyers. His bizarre and horrifying look, outlandish behavior, and mischievous acts – including wedding crashing, taunting nuns, internet trolling, streaking at the Penguins-Flyers Stadium Series game, and dropping the gloves with youth hockey players – have earned him fame and admiration of not only Flyers’ fans, but fans across the NHL.…

February 10, 2020 Hockey / Litigation / NHL

Seattle Kraken or Sockeyes: How Legal Implications May Influence Seattle’s Decision

Numerous reports have surfaced regarding the new Seattle NHL expansion team’s name. Names such as the Seattle Cougars, Emeralds, Rainiers, Sea Lions, Totems, Kraken, and Sockeyes have been listed as possible options. However, legal implications may force the NHL and the team to narrow their list.

In December 2018, the NHL awarded an expansion franchise to Seattle. Since the expansion was awarded, fans have endlessly speculated about the team’s name and logo. The team, not backing down from an obvious marketing opportunity, continues to tease …