NCAA Athlete Compensation: Ninth Circuit Denies Plaintiffs Request for Rehearing En Banc

On Wednesday, December 16, 2015, the Ninth U.S. Circuit Court of appeals denied a rehearing request for its prior ruling in O’Bannon v. NCAA — the case involving the issue whether Division I student athletes should be compensated.

Ed O’Bannon, the named plaintiff representing student athletes, seemingly won at the trial court level. District Judge Claudia Wilken found the NCAA’s ban on compensating student athletes violates federal antitrust laws. Judge Wilken concluded that “less restrictive” means were available to preserve student athletes’ amateur status. She …

December 17, 2015 Intellectual Property, Copyright, and Trademark / MLB / NBA / NHL

MLB, NHL, and NBA on the Hunt for Default Judgment Against Online Counterfeiters

On December 11, 2015, MLB, NHL, and NBA league affiliates filed for a default judgment in an Illinois federal court against online counterfeiters who have failed to respond to the leagues’ pleadings.

League affiliates brought suit in October, seeking to prevent unidentified online counterfeiters from continuing to sell products that infringe upon their respective trademarks. Additionally, the leagues claimed $2 million in damages against each defendant retailer for trademarks that have already been infringed upon. The leagues contend that online counterfeiters — believed to be …

December 16, 2015 MLB

MLB Commissioner Encouraging Ballparks to Extend Netting Amid Class Action

On Wednesday, December 9, 2015, Major League Baseball (MLB) Commissioner Rob Manfred recommended all 30 MLB teams extend safety netting behind home plate to the end of each dugout. Currently, there is a class action lawsuit pending in a California federal court seeking to force the MLB to extend the safety netting from foul pole to foul pole.

The MLB was hit with the lawsuit in July by season-ticket holder Gail Payne on behalf of all season ticket holders in currently unprotected areas of MLB …

December 15, 2015 Antitrust / NCAA

NCAA Antitrust Litigation: Iowa State Disputes Discovery Demands

Iowa State University recently voiced its objections to discovery requests made by a class of student-athletes in an antitrust litigation against the NCAA. The university contends that the discovery requests are burdensome, over broad, and involve protected private information.

The antitrust suit, brought by a certified class of student-athletes, challenges the NCAA rules that bar students from receiving financial aid beyond cost of attendance. Although Iowa State is not a named party to the suit, it objected to a subpoena it received from the class, …

December 15, 2015 Fantasy Sports

Anyone Want to Bet How New York Courts Will Rule on Daily Fantasy Sports? The Volley in State Court Continues

The issue whether daily fantasy sports (DFS) is illegal in New York State will continue its back-and-forth volley following an exciting day in state court on Friday, December 11, 2015. The actions filed in New York are related to the national debate on the legality of DFS — opponents in many states argue that DFS constitutes illegal gambling.

On November 10, 2015, New York Attorney General Eric Schneiderman sent DraftKings, Inc. and FanDuel, Inc. — the two industry leaders of DFS — cease and desist …

December 14, 2015 Golf

Tax Court Denies $7.9M in Conservation Deductions For NC Golf Course

On December 9, 2015, the U.S. Tax Court denied $7.9 million in conservation deductions for a North Carolina golf course — finding that members of the course’s residential community could not recover deductions for setting aside land for the golf course as it did not meet any conservation purpose as defined by the government.

In 2003 and 2005, members of St. James Plantation — a gated residential community near Myrtle Beach, North Carolina — granted easements on land in their neighborhood for the benefit of …

December 12, 2015 Golf / Litigation

Titleist’s “Dimplegate” Lawsuit Lives On: Federal Judge Denies Defendants’ Motion to Dismiss

Three golf ball sellers must defend against patent infringement claims in a Massachusetts federal court as their motions to dismiss were denied. The defendant sellers argued that the case should be dismissed due to a lack of personal jurisdiction — they contended the plaintiff, Acushnet Co., could not prove the defendants had the minimum contact with Massachusetts necessary to obtain personal jurisdiction.

Acushnet is the owner of Titleist, perhaps the most popular golf ball brand. In a federal action filed in Massachusetts during Spring 2015, …

December 12, 2015 Antitrust / NFL

Central California Named New Home for NFL Sunday Ticket Litigation

On December 8, 2015, the Judicial Panel on Multidistrict Litigation (JPML) consolidated and assigned multiple antitrust lawsuits challenging the NFL’s exclusive broadcasting agreement with Direct TV to Judge Beverly Reid O’Connell in the Central District of California.

The antitrust suits challenge the agreement the NFL has with DirectTV, granting DirectTV exclusive access to all NFL games. Because of the exclusive agreement, football fans can only view out-of-market games if they have Direct TV’s NFL Sunday Ticket package. Surely, fans who do not have Sunday Ticket …

December 11, 2015 Fantasy Sports

Fantasy Sports Are Gambling? NY Judge Says Yes, Orders DFS Sites to Stop Operating in the Empire State

New York Judge Manuel J. Mandez granted preliminary injunctions against Daily Fantasy Sports sites DraftKings and FanDuel on Friday December 11, 2015. The injunctions were sought by New York Attorney General Eric Schneiderman, and the court order will temporarily shut down the DFS sites throughout the site, at least until the conclusion of litigation on the matter is over. In essence, Judge Mandez has declared that the DFS sites are forms of illegal gambling under New York law.

According to the order, DraftKings and FanDuel …

Pro Athletes File Amicus Brief Supporting NCAA Players’ Likeness Suit

On December 7, 2015 , professional athletes filed an amicus brief in support of a likeness suit brought by two former NCAA basketball players against a media company that sold game-time photographs of the ex-college athletes.

Patrick Maloney and Tim Judge — both former members of the Catholic University 2001 NCAA Championship basketball team — initially brought the likeness suit in relation to a deal the NCAA made with media company T3Media in 2012 to host and license the league’s photo library. Through this deal, …

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