March 21, 2018 Intellectual Property, Copyright, and Trademark / NCAA

NCAA Fails to Appear for Trademark Trial, Files New Suit Entirely

On March 4, 2018, two owners of Southern California Ford dealerships filed for dismissal or staying of a trademark infringement suit initiated by the NCAA, while the parties await decision on the same issue from the Trademark Trial and Appeals Board (TTAB). The NCAA initiated a suit in response to the dealerships’ uses of “Markdown Madness,” claiming the slogan could easily be confused with the NCAA’s “March Madness.” Dealership owners and defendants, Ken Grody Management, Inc. and Dixon Ford, Inc., had already been defending the …

March 20, 2018 Litigation / NCAA

New England Patriots Defensive End Sues Over NCAA Injury Insurance Policy

On March 9, 2018, Deatrich Wise Jr., a defensive end for the New England Patriots, filed a lawsuit against The Professional Athlete’s Insurance Group, PLLC (PAIG), agent Matthew Allen, Certain Underwriters at Lloyd’s, London, and International Specialty Insurance, Inc. (ISI). In the lawsuit, Wise alleged that the defendants misrepresented and failed to tender insurance benefits to Wise under the NCAA “loss of value” insurance policy. Wise is a former NCAA football player. He was designated as an “exceptional student-athlete” prior to the start …

March 19, 2018 NCAA

Sensitive Information Capped in NCAA Corruption/Bribery Case

As we recently covered, the NCAA corruption and bribery case continues to unfold and expand. As the government widens the scope of its search, it has simultaneously been trying to keep its findings under wraps. Although U.S. District Judges Lewis A. Kaplan and Edgardo Ramos both denied the government’s recent request for a gag order, they did acknowledge the need to protect some of the sensitive information obtained as the case progresses.

On March 6, 2018, the court issued a protective order, providing …

March 16, 2018 Concussions / NCAA

Judge Scales Back Discovery in NCAA Wrongful Death Suit

On March 1, 2018, a Texas court of appeals filed a writ of mandamus, partially granting and partially denying the NCAA’s appeal of a prior discovery order. The suit was initiated by Debra Ploetz, wife of former University of Texas football player, Greg Ploetz, who played for the team from 1968 to 1972 and who died in 2015 from Chronic Traumatic Encephalopathy (CTE).

The wrongful death suit alleges the late athlete’s CTE condition and subsequent death resulted directly from his years spent playing for …

March 15, 2018 Intellectual Property, Copyright, and Trademark / NCAA

Legal Fees Sought After NCAA Trademark Suit Deemed “Exceptional Case”

As we have previously reported, the NCAA has recently triumphed over a year-long trademark suit when its motion requesting an entry of default was granted back in January 2018, and a default judgment rendered thereafter. The suit alleged that defendants Robert Alexander and Kizzang LLC had infringed, diluted, and unfairly competed with the NCAA by using and attempting to register the marks “April Madness” and “Final 3.” The marks were strikingly similar to the NCAA’s well-known trademarks of “March Madness” and the “Final …

March 12, 2018 NCAA

Judge Delays NCAA $75 Million Settlement for the Fifth Time

On March 8, 2018, U.S. District Judge John Lee delayed final approval of a $75 million settlement for the fifth time after he learned that thousands of current and former NCAA student-athletes have still yet to be notified of the settlement. Judge Lee originally approved the $75 million settlement in July 2016, but delays, largely attributed to difficulties notifying more than 4 million student-athletes, including acquiring contact information and physically notifying the student-athletes, have prevented final approval. The most recent difficulty, and the reason for …

March 2, 2018 NCAA

Pitino Recommends Legal Action to Reclaim Louisville’s National Title

The Louisville basketball team drama continues as former coach Rick Pitino asks the school to consider taking legal action to address the NCAA’s requirement that the team forfeit its national title. In February, Louisville appealed the NCAA’s decision that forced the team to forego its 2013 national title, as well as 123 wins dating back to 2011, and to pay about $600,000 in penalties. The Infractions Appeals Committee was unsympathetic to the team’s plea and affirmed the above sanctions. On February 21, 2018, immediately …

March 1, 2018 NCAA

Judges Want Media Leaks in NCAA Corruption and Bribery Case to Stop

On February 28, 2018, U.S. District Judges Lewis A. Kaplan and Edgardo Ramos denied the government’s “gag order” and both judges agreed that they plan to issue stronger protective orders that would clearly prohibit further media leaks. A gag order is a judge’s order prohibiting attorneys and parties from talking to the media or the public about an ongoing case. This most recent update on the NCAA corruption and bribery case comes in the wake of recent Yahoo Sports and ESPN reports.

Simply put, there …

March 1, 2018 NCAA

NCAA President Responds to Corruption/Bribery Case Report

On February 23, 2018, NCAA president, Mark Emmert, released a statement in response to allegations made in a Yahoo Sports report. As we have previously covered, Yahoo Sports reported that financial records, documents, and wiretaps tied to prominent former NBA agent, Andy Miller, and his former associate, Christian Dawkins, have provided the federal prosecution with a detailed window into the ongoing NCAA corruption/bribery case. According to the documents, payments as high as $73,000 were paid to current NCAA basketball players like Duke University’s, …

February 28, 2018 Antitrust / NCAA

NCAA Argues $42 Million Award is Unjustified

On February 15, 2018, an attorney representing the NCAA urged a panel of judges from the Ninth Circuit to reject a $42 million attorney’s fee award for attorneys representing student-athletes. Back in 2009, a class of players, led by former UCLA basketball player Ed O’Bannon, sued the NCAA claiming that the NCAA violated antitrust laws by wrongfully profiting off the likenesses of student-athletes and not offering scholarships at the full cost of attending the university. In 2015, the class of players won their suit; however, …