July 6, 2016 Intellectual Property, Copyright, and Trademark / Litigation

Federal Government Urges Against SCOTUS Review in Redskins Case

The federal government is urging against the Washington Redskins’ request for their high profile trademark case, Pro Football Inc. v. Blackhorse, to be heard by the U.S. Supreme Court before a ruling by a federal appeals court. The government claims the Redskins have no justification for the move, as the Supreme Court rarely grants certiorari in a case that has not been heard first by a federal appeals court.

The Redskins are claiming the timing is perfect for their case to move to the …

July 5, 2016 Litigation / NFL

Romo’s Suit Against NFL Dismissed

On Wednesday, June 29, 2016, a Texas state judge threw out all claims in a case brought by Fan Expo LLC against the National Football League. Fan Expo, a company affiliated with star quarterback Tony Romo of the Dallas Cowboys, alleged the NFL interfered with their planned fantasy football convention in Las Vegas by enforcing its anti-gambling policy and urging players to stay away from the event.

Specifically, Fan Expo claimed the NFL used its anti-gambling policy as a smokescreen to cover their desire to …

July 4, 2016 Fantasy Sports / Litigation / NCAA

FanDuel Argues First Amendment Protects Use of NCAA Players’ Names and Likenesses

On Tuesday, June 26, 2016, FanDuel asked an Indiana federal court to dismiss it from a putative class action accusing daily fantasy sports operators of profiting off the unauthorized use of former NCAA athletes’ names and likenesses. It contended that its use of the names and likenesses was protected by the First Amendment.

FanDuel has had trouble with using the NCAA as a portion of its daily fantasy sports platform before, as back in March it had to reach a deal with the NCAA agreeing …

July 2, 2016 Fantasy Sports / Litigation

DraftKings Reaches Settlement Over TCPA Issue

DraftKings recently announced that they have reached a settlement agreement concerning a Telephone Consumer Practice Act (TCPA) class action. David Izsak filed the complaint in October 2014 in the Northern District of Illinois. Mr. Izsak received a text message stating, “Come play DraftKings with me. Use my link and we’ll both get a bonus.” After calling the sender, he discovered the number from the text message is owned and operated by DraftKings.

On June 13, 2016, the Northern District of Illinois ruled on the defendant’s …

July 1, 2016 Concussions / Litigation / NFL

Riddell Attempts to Tackle NFL Discovery in False Advertising Case

In a letter to the court dated June 23, 2016, helmet producer Riddell told a New Jersey federal court that consumers claiming their helmets were falsely advertised do not need to pursue discovery against the NFL and its former concussion specialist. Riddell suggests that the subpoena is unnecessary at this time for their class certification bid.

The case dates back to 2014, when the plaintiffs alleged that Riddell knew their helmets were compromised. As a result of the study, Riddell marketed that their helmets …

July 1, 2016 Litigation

Football Legend Jim Brown Rushes His Way to $600K Settlement in Publicity Rights Suit

NFL Hall of Famer Jim Brown has accepted a $600,000 settlement offer from video game giant Electronic Arts (EA) to end his lawsuit alleging EA used his likeness in its NFL Madden video games after he expressly denied permission. As announced by Brown’s attorneys, the former Cleveland Browns running back accepted the cash award in exchange for dismissing the suit with prejudice in what they call a big victory for athletes against big business.

Jim Brown is known as one of the greatest football players …

June 30, 2016 Litigation / NFL

NFL Seeks to Block Disgruntled Fans From Refiling Their Deflategate Suit

On June 24, 2016, the NFL asked a Massachusetts federal judge to reopen a previously dismissed suit by a group of New England Patriots fans over the league’s punishments handed down in the Deflategate scandal. On June 10, 2016 a federal judge opted not to exercise jurisdiction essentially dismissing the matter; however, the New England Patriots fans took this purported lack of federal jurisdiction as a license to file their claims in state court. The NFL seeks the federal judge to reconsider their decision not …

June 30, 2016 Litigation / Olympics

Nike Throws in the Towel in Lawsuit Against Rival New Balance over Sponsorship of Expectant Olympian

In a surprise move Nike decided to drop its lawsuit attempting to prevent American 800 meter World Champion runner Boris Berian from wearing rival shoe company New Balance. On June 23, 2016, Nike voluntarily dismissed its sponsorship dispute in an Oregon federal court where they recently sought to expedite the process in order to determine Berian’s sponsorship for the upcoming U.S. Olympic track and field trials on July 1, 2016.

Berian is a fascinating story in the world of track and field having worked as …

June 30, 2016 Litigation

Cinemark is Not Liable for Theater Mass Shooting

On July 20, 2012, James Eagan Holmes carried out a mass shooting that occurred inside of a Century 16 movie theater in Aurora, Colorado, during a midnight screening of the film The Dark Knight Rises. Holmes was dressed in tactical clothing, set off tear gas grenades and shot into the audience with multiple firearms. Twelve people were killed and 70 others were injured. James Eagan Holmes confessed to the shooting but pleaded not guilty by reason of insanity. Arapahoe County prosecutors sought the death …

June 27, 2016 Litigation

Riddell Rival: Helmet Patent Suits are Dissimilar

In line with other patent infringement lawsuits filed by Riddell, the helmet company is now also suing Schutt Sports. Riddell claims that Schutt infringed on their patents titled “Sports Helmet” and “Sports Helmet with Quick-Release Faceguard Connector and Adjustable Internal Pad Element.” According to Riddell, patent infringements occurred in Schutt’s Vengeance, ION4D, AiR XP, and DNA adult and youth helmets.

Last April, Riddell also brought a patent lawsuit against Schutt Sport but added Xenith LLC in its claim filed in the U.S. District Court for …