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 …
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Nike Files Opening Brief in Ninth Circuit “Jumpman” Appeal
On Friday, November 27, 2015, Nike filed its brief urging the Ninth Circuit to uphold the dismissal of allegations that Nike Inc.’s “Jumpman” logo was an improper reproduction of a picture taken of Michael Jordan by plaintiff photographer.
The plaintiff photographer, Jacobus Rentmeester, originally took his photograph of Michael Jordan in 1984, and sold it to LIFE Magazine. At the photo-shoot, he captured one of the most well-known pictures of Jordan. He alleges that Nike paid $150 for the use of the negatives from that …
Continue ReadingFederal Judge Severs Claims Against Riddell in NFL Concussion Litigation
On Tuesday, December 1, 2015, U.S. District Judge Anita B. Brody severed claims against helmet company, Riddell Inc., from those pursued against the NFL in relation to a suit brought by players who have sustained traumatic head injuries during their careers.
A settlement between the NFL and the players was reached back in April, however, this settlement did not include the Riddell defendants. The court addressed the Riddell defendants on Tuesday, when it granted the helmet company’s motion for severance.
In granting Riddell’s motion for …
Continue ReadingThe Fakest Place on Earth? Chinese Government Fines Phony Disney Hotel Owners
The Shanghai city government has fined five knockoff hotels for trademark infringement claiming that the hotels violated the intellectual property rights of the Walt Disney Company. Shenzen Vienna Hotels Group, the owners and operators of the five hotels in question, used unauthorized Disney trademarks on signs and websites, authorities say. The Shanghai Municipal Administration for Industry and Commerce fined each hotel 100,000 yuan, or a little more than $15,000 for the trademark violations.
The fines come in response to the Chinese government’s pledge to protect …
Continue ReadingDraftKings and FanDuel Agree with Plaintiffs: Putative Class Actions Should Be Consolidated
As the number of class actions against DraftKings, Inc. and FanDuel, Inc. continues to rise, the two companies agree with the many plaintiffs who have filed motions seeking consolidation.
The lawsuits have been filed against DraftKings and FanDuel in jurisdictions across the country — there are currently 37 putative class actions. A number of plaintiffs have filed motions with the Judicial Panel on Multidistrict Litigation requesting that the actions be consolidated under one court. In papers submitted in response to these motions (filed on …
Continue ReadingDiscovery 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 …
Continue Reading2001 NCAA Basketball Champs Appeal 9th Circ. Dismissal of Likeness Suit
In March of this year, U.S. District Judge Andre Birotte Jr. dismissed a lawsuit brought by former NCAA basketball players alleging that the licensing of copyrighted photographs violated their right of publicity. Patrick Maloney and Tim Judge — both former members of the Catholic University 2001 NCAA Championship basketball team—initially brought the suit in relation to a deal the NCAA made with T3Media in 2012 to host and license the league’s photo library. Through this deal, the public could purchase non-exclusive licenses to the copyrighted …
Continue ReadingNHL Concussion Lawsuit: NHL Seeks Discovery from Canadian Doctors
The NHL has filed a new discovery motion in the concussion lawsuit, which was brought by former players and consolidated in Minnesota as a multidistrict litigation in August 2014. The motion, filed on November 25, 2015, asks the court to seek help from the Ontario Superior Court in order to compel certain Canadian doctors to disclose documents.
The 100-plus plaintiff players claim that the NHL failed to ensure player safety. It is alleged that the league failed to ensure players’ full recoveries following head injuries …
Continue ReadingSchneiderman v. DraftKings, FanDuel: Decision on NY Preliminary Injunction Motions Coming “Very Soon”
A New York trial judge said his decision will come “very soon” in the state court lawsuits between N.Y. Attorney General Eric Scneiderman and daily fantasy sports (DFS) industry leaders DraftKings, Inc. and FanDuel, Inc.
On November 10, 2015, Schneiderman sent DraftKings and FanDuel cease and desist letters, ordering the companies to refrain from accepting New Yorkers’ DFS wagers. The AG claims the companies’ DFS operations constitute illegal gambling under New York law.
Following the letters, all three parties — DraftKings, FanDuel, and Schneiderman — …
Continue ReadingMichael 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 …
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