In the realm of sports law, 2016 will provide some interesting developments as to legislation and regulation. First, many states are likely to take a stance on daily fantasy sports in 2016 — both in the courts and via state legislation. Second, the FCC will rule on “linear” online video platforms that offer sports streaming. Third, the Washington Redskins’ challenge to the cancellation of its trademark registration will face a federal bill proposing to force a name change. And finally, the bill proposal seeking to …
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You Don’t Have to Pay for That? “Concussion” Movie Legally Allowed to Depict NFL Logos Without League’s Consent
As anyone who has ever watched a football game on TV knows, one of the first things you hear before opening kickoff is a disclaimer stating that any broadcast or use of the NFL brand or its logos without its consent is prohibited under the law. People are so used to hearing the disclaimer that they probably don’t think about it too much; they just know that in order for the TV stations to broadcast the games, they need to legally disclaim any right to …
Continue ReadingParents of New York High School Football Player File Wrongful Death Lawsuit
The parents of a Staten Island high school football player who died of a heart attack after collapsing at a pre-season workout in September 2014 recently filed a wrongful death lawsuit against the City of New York, the Department of Education, the Fire Department, and the Emergency Medical Services Bureau.
According to reports, the 6 foot 2 inch, 295 pound player collapsed after doing wind sprints when the temperature was 78 degrees with 75 percent humidity. The heart attack was reportedly caused by a …
Continue ReadingPain, But No Gain. NFL Teams Want Latest Painkiller Suit Thrown Out
On Monday, December 21, 2015, all 32 NFL teams responded with a joint motion in support of tossing a proposed class action lawsuit filed by a number of former footballers. The suit sprung out of the wanton distribution of painkillers by medical staff without regards to possible long-term effects on the health of the players, according to the plaintiffs in the case.
In their joint motion, the teams’ main argument is that the case should be dismissed because the ex-players’ claims are preempted and time …
Continue ReadingCelebrity Vulnerability – Man Accused of Hacking Stars’ Emails, Stealing Private Info and Explicit Material
In a criminal complaint filed Tuesday, December 22, 2015, top New York prosecutor Peeta Bharara accused a 23-year-old Bahaman native of hacking into the email addresses of professional athletes, actresses, and celebrities, stealing personal identification information and private sexual material and then attempting to sell the illegally-obtained items for a quick buck. The defendant, Alonzo Knowles, has been charged with copyright infringement and identity theft, and was arrested early last week in New York after trying to fence the stolen items to an undercover agent.…
Continue ReadingIllinois and Texas: The Latest in the Daily Fantasy Sports Legality Issue
As daily fantasy sports (DFS) litigation is on standby in New York (pending is the expedited appellate hearing scheduled for January 4, 2016), the situation is heating up in Illinois and Texas.
Sparked by an alleged September 2015 insider trading scandal between DFS industry leaders DraftKings, Inc. and FanDuel, Inc., the legality of DFS has become a national issue among the country’s individual states. Under the Unlawful Internet Gambling Enforcement Act (2006), states have the individual and independent right to determine whether a subject activity …
Continue ReadingRedskins to Benefit From Federal Circuit’s Ruling in TM Action
On December 22, 2015, the Federal Circuit came to a conclusion regarding the government’s ban on “disparaging” trademark registrations that will likely support the Washington Redskins in its attempt to recover cancelled trademarks. The Federal Circuit held, in a similar case, that it is unconstitutional for the government to prohibit trademark registrations that it deems to be “disparaging,” as such action violates the First Amendment.
Tuesday’s ruling occurred in a similar case, where Seattle-based rock band — The Slants — were refused a trademark …
Continue ReadingDeflategate: NFL Submits Reply Brief in Appeal of District Court Decision
On Monday, December 21, 2015, counsel for the NFL submitted its reply brief to the U.S. Second Circuit Court of Appeals in the “Deflategate” litigation.
In the 2014 NFL Playoffs, New England Patriots quarterback Tom Brady was allegedly involved in a scheme to advantageously tamper with game balls used by Brady in the AFC championship game versus the Indianapolis Colts. The NFL suspended Brady for the first four games of the 2015 Regular Season.
Brady appealed the decision to an arbitrator, who, through the provisions …
Continue ReadingJudge Dismisses Action Over NFL’s “Undrafted” Series
On December 18, 2015, U.S. District Judge Dolly Gee dismissed a suit against the National Football League (NFL), which alleged that the league stole the idea for their Emmy-nominated television show, “Undrafted.”
Ricky Reed filed suit against the NFL, Roger Goodell, and eight NFL employees in March, claiming that the league had ripped off his idea for the television show “Undrafted.” In his complaint, Reed alleged that he contacted the NFL in August of 2013 to pitch an idea about a show that he thought …
Continue ReadingPlaintiff Can’t Skate Past Intentional Fraud in ECHL Trademark Suit
On Monday, December 14, 2015, U.S. District Judge Paul G. Byron of the Middle District of Florida dismissed a trademark suit filed against the Orlando Solar Bears of the ECHL, one of the premier mid-level professional hockey leagues in North America used primarily for developing future NHL stars, by David D’Amato for logo infringement. In the court’s Order on Defendant’s Motion to Dismiss, D’Amato was hit with more than $215,000 in sanctions for Judge Byron’s finding that he intentionally submitted forged documents in an attempt …
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