The Uphill Fight to Protect The Washington Redskins’ Trademark Continues

On Friday October 30, 2015, the Washington Redskins initiated its appellate argument against the federal judgment upholding the cancellation of the franchise’s trademarks. The appeal to the Fourth Circuit marks the continuation of a two-decade long fight between the NFL franchise and a group of Native Americans who believe that the team name is a disparaging term, in violation of Section 2(a) of the Lanham Act.

In June of 2014, the U.S. Patent and Trademark Office (PTO) cancelled six trademarks under the Washington Redskins name …

November 6, 2015 Fantasy Sports

Here We Go Again: DraftKings, FanDuel Face Another Lawsuit

Since early-October, federal lawsuits have piled atop of daily fantasy sports (DFS) industry leaders DraftKings, Inc. and FanDuel, Inc. In total, there are now over 25 federal actions filed against the two companies. Most of the cases stem from allegations claiming the pair engaged in illegal gambling, unfair business practices, and insider trading. On November 2, 2015, however, a patent infringement case was filed in Texas against both DraftKings and FanDuel, in addition to Fox Sports.

The plaintiff in the patent cases is Virtual …

November 6, 2015 Fantasy Sports

Fox Sports Latest to be Hit with Patent Infringement Suit

Virtual Gaming Technologies LLC filed a complaint against Fox Sports in the Eastern District of Texas this past Monday, November 2, 2015, alleging patent infringements in regards to the technologies that make fantasy sports over the Internet a reality. The lawsuit is one more in a list of similar allegations filed by the technology company against other fantasy websites, including DraftKings and FanDuel.

The complaint alleges that Fox Sports is in violation of two issued patents for the use of and operation of its …

November 5, 2015 Concussions

Former Wrestler Argues Against WWE Forum Shopping in Concussion Suit

On Friday, October 30, 2015, retired professional wrestler “Billy Jack” Haynes filed a supplemental brief in a Connecticut federal courthouse in opposition to a motion filed by World Wrestling Entertainment (WWE) concerning which law should be applied in litigation. Haynes originally brought suit in Oregon against the WWE to recover for concussion-related injuries he sustained while wrestling for the company and which have continued to affect him well into retirement. Haynes’ suit was consolidated with a number of similar actions brought by former wrestlers against …

November 4, 2015 Fantasy Sports

Garcon v. FanDuel: What is FanDuel’s Liability and Why Wasn’t DraftKings Invited?

On Friday October 30, 2015, NFL wide receiver Pierre Garcon filed a putative class action against FanDuel, Inc., an industry leader in daily fantasy sports gambling (DFS). The lawsuit follows the recent avalanche of class actions filed against FanDuel and DraftKings, Inc. (another DFS industry giant). Unlike those cases, however, which pursue claims of insider trading and unfair business practices, Garcon’s action alleges a misappropriation of publicity rights.

Garcon’s complaint alleges that FanDuel misappropriated the publicity rights of the NFL’s offensive skill-positioned players (i.e. …

November 3, 2015 Celebrities / Intellectual Property, Copyright, and Trademark

Taylor Swift Sued Once Again; R&B Artist Claims “Shake It Off” Lyrics Were His

Taylor Swift is once again being haled in the courtroom as a defendant. This time she is being sued for allegedly ripping off the lyrics to her hit “Shake It Off.” Jesse Braham, a U.S. based R&B singer, reportedly has filed a lawsuit claiming Swift stole the words to “Shake It Off” from his 2013 song called “Haters Gone Hate.” Braham is seeking two things in his suit; financial compensation in the form of $42 million, and he wants his name added to the song’s …

November 2, 2015 NCAA

Objector’s Attorneys Continue to Get Pummeled with Motions for Sanctions

On Wednesday October 28, 2015, a group of former-collegiate athletes filed a motion for sanctions against the attorneys representing objecting class members in their own lawsuit. This comes as the latest in a long and well-publicized class action suit brought by the former athletes against the NCAA and Electronic Arts, Inc., for violations relating to the use of their likeness and images in video games.

Filed with the Ninth Circuit, this motion for sanctions comes in response to what the plaintiffs believe is nothing more …

November 2, 2015 Fantasy Sports

Pierre Garcon v. FanDuel, Inc.: The Latest Class Action in Daily Fantasy Sports

The legal issues for the daily fantasy sports (DFS) industry continue to mount following the putative class action filed by Pierre Garcon, a NFL wide receiver for the Washington Redskins. After news of the DFS scandal broke in late-September 2015, in which industry leaders FanDuel, Inc. and DraftKings, Inc. were accused of insider trading, nearly a dozen federal class actions have been filed against the two companies.

Garcon’s action, which was filed on October 30, 2015, names only FanDuel, Inc. as a defendant. The complaint …

October 30, 2015 Fantasy Sports / Legislation

FanDuel CEO Calls for Legislative Regulations of Fantasy Sports

On Thursday October 29, 2015, in a letter to website users, FanDuel, Inc. CEO Nigel Eccles called for “formal” government regulation to govern daily fantasy sports (DFS).

Eccles’ letter comes following a month-long bombardment of class action lawsuits and negative press coverage against the two DFS industry leaders, FanDuel, Inc. and DraftKings, Inc. The legality of the companies’ business operations has been placed in question; namely, whether DraftKings and FanDuel engaged in insider trading, unfair practices, and illegal gambling operations is at issue. The two …

Sir Mix-a-Lot Awarded Attorney’s Fees Against Former Collaborator

On Tuesday, October 27, 2015, U.S. District Court Judge Robert S. Lasnik ruled in favor of hip-hop legend Sir Mix-A-Lot, ordering plaintiff David Ford to pay more than $20,000 in attorney’s fees and other expenses. The ruling came as the latest decision in the copyright suit filed by Ford in March, and follows Judge Lasnik’s dismissal of the suit in September.

Ford, who collaborated on a number of tracks with Sir Mix-A-Lot in the late 1980s and early 90s, sought to recover for copyright violations …

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