December 10, 2015 Intellectual Property, Copyright, and Trademark / Litigation / Music

Pharrell, Thicke, and T.I. Appeal “Blurred Lines” Decision

Earlier this year, a jury awarded the Marvin Gaye family $7.36 million from Robin Thicke, Pharrell Williams, and T.I. for copying Marvin Gaye’s “Got to Give it Up” when writing their hit song “Blurred Lines.” On Monday, December 7, 2015, Thicke, Pharrell, and T.I. appealed to the Ninth Circuit.

The copyright infringement suit was commenced in August 2013 in a California federal court by the Estate of Marvin Gaye. The Estate argued that “Blurred Lines” — the most popular song in the world in 2013 …

December 9, 2015 Litigation / NCAA

Time Out: NCAA Shoots Back Against Former QB’s Proposed Class Certification

On Thursday December 3, 2015, the National Collegiate Athletic Association filed a motion in opposition to a proposed class certification in an Indiana federal court. Former Gardner-Webb University quarterback John Rock filed for certification earlier this year, and had requested the court to order the NCAA to produce documents to help certify the class and ascertain individual members. Rock originally filed suit against the NCAA in 2012, which was subsequently dismissed in 2013 without prejudice; currently, after amending his complaint, Rock is seeking class certification …

December 8, 2015 Golf / Litigation

Golf Club Members to Court: Trump Not Entitled To Summary Judgment

A Florida Federal District Court received a response in opposition for summary judgment motion on Monday November 30, 2015, by a class of former Ritz-Carlton Golf Club & Spa members seeking refunds on allegedly denied membership deposits. The response motion was filed against Donald Trump’s Jupiter Golf Club LLC, which had moved for summary judgment earlier this year. Trump had purchased the highly-touted Florida country club in 2012.

The class argues that Trump bought the club on condition it abide by the then-existing membership agreements …

December 8, 2015 Advertising / Antitrust / Golf / Litigation

Judge Alludes to Dismissal of Caddy Ad Lawsuit

At a hearing on Thursday, December 3, 2015, U.S. District Judge Vince Chabbria indicated that he is likely to dismiss an antitrust lawsuit brought by professional caddies against PGA Tour, Inc.

In February 2015, professional caddie Mike Hicks and 81 others filed a class-action antitrust suit against the PGA Tour in a California federal court, alleging the Tour’s misappropriation of their “likeness and images in commercial activities.” The caddies seek for a share of revenue flowing in from caddies wearing bibs that display sponsors’ logos, …

December 7, 2015 Litigation

FTC and Montel-Endorsed Apparel Company Settle Lawsuit

On Tuesday December 1, 2015, the Federal Trade Commission, the government body behind legal advertising in the United States, announced it had reached a $1.35 million settlement with Tommie Copper, a clothing company who had advertised its garments could alleviate body aches and pains special copper-infused compression wear. The announcement of the settlement comes on the heels of the FTC filing suit against the company last week in a New York Federal Court. The FTC claimed that the company committed fraud through its advertisements, claiming …

December 7, 2015 Litigation

Derivative Suit Revamped on Behalf of Frontier Baseball League’s Failed Expansion

On Wednesday, December 2, 2015, an amended complaint was filed in Indiana District Court by Stuart Williams, the owner of the Pennsylvania-based Washington Wild Things, against four defendants, claiming that they interfered with the independent baseball league’s planned expansion in 2014. The Wild Things are a member of the Frontier Professional Baseball League, which is composed of 13 teams operating mostly in the Midwest states of Ohio, Pennsylvania, Illinois, Michigan, Kentucky, and Indiana. The four named defendants include former owners and board members of two …

December 2, 2015 Litigation

Discovery Disputes Continue in Lance Armstrong, DOJ Lawsuit

In June 2010, Floyd Landis — retired professional road racing cyclist — filed a lawsuit under the federal False Claims Act, alleging that the doping at the United States Postal Service (USPS) professional cycling team amounted to defrauding the federal government, which was the team’s primary sponsor. Landis named a number of defendants, including seven time Tour de France winner Lance Armstrong.

In 2013, the federal government, represented by the United States Department of Justice, joined the lawsuit. The False Claims Act is designed to …

November 30, 2015 Litigation

Michael Jordan Reaches Settlement with Supermarket Chain

Michael Jordan, the former Chicago Bulls superstar, recently settled a lawsuit against two supermarket chains that engaged in the unauthorized use of his likeness.

Jordan brought suit against the two Chicago grocery chains — Dominick’s and Jewel Osco— back in 2010 after the supermarkets included advertisements in a Sports Illustrated issue that misused Jordan’s name and likeness. Both ad’s made unauthorized references to Michael Jordan and in response, the basketball legend brought suit seeking $10 million for each ad.

In August, a jury verdict was …

November 24, 2015 Litigation

Former Yankees Star Derek Jeter Suing Underwear Company

On Friday, November 20, 2015, former New York Yankees star Derek Jeter’ lawsuit against luxury underwear maker RevolutionWear became public. Jeter, a former director and investor in the company, is suing RevolutionWear in Delaware’s Court of Chancery for legal fees related to his service as a director.

Just last year, RevolutionWear released the names of its “celebrity” affiliates, which included Derek Jeter, New York Knicks star Carmelo Anthony, and rapper 50 Cent. Jeter joined the company’s board of directors in 2011, on top of investing …

November 20, 2015 Concussions / Litigation / NCAA

NCAA Responds to Objections Over Concussion Settlement

On November 16, 2015, the NCAA responded to objections made earlier this month in relation to the proposed $75 million concussion settlement offered by the NCAA to monitor symptoms of concussions in current and former athletes.

A couple of weeks ago, Adrian Arrington — former member of the Eastern Illinois University football program — objected to the proposed NCAA settlement, claiming that it will not help former college athletes that have already incurred out-of-pocket expenses related to diagnosed injuries. Arrington also voiced his concern that …