Katy Perry’s “Left Shark” Design Fails to Overcome Trademark Hurdles

The U.S. Trademark Office blocked Katy Perry’s attempt to capitalize on a “Left Shark” design. According to David Collier, the trademark examiner, to be able to register a trademark, a mark or design must “function as a service mark to identify and distinguish applicant’s services from those of others and to indicate the source of applicant’s services.” Based on evidence submitted by Perry, the Office found that the shark design failed to sufficiently conjure up Katy Perry or her music performance. Collier also noted that …

April 30, 2015 Boxing / Litigation

Keeping the Combat Out of Court: Why Bar and Restaurant Owners Should Be Careful Showing Mayweather v. Pacquaio

This Saturday, May 2nd, hundreds of millions of viewers are expected to tune in to what is being titled the “Fight of the Century.” Floyd “Money” Mayweather brings his 47-0 professional record to the MGM Grand in Las Vegas for the long-awaited fight against eight-division world champion Manny Pacquiao.

Fans have been calling for this bout since 2009. With six years of hype and several failed negotiations preceding it, the match is expected to pulverize previous pay-per-view records and become the highest grossing fight in …

April 30, 2015 Litigation / NHL

NJ Devils Sued for Restricting Resale of Season Tickets

Two NJ Devils fans filed a class action lawsuit against the team, alleging that the team restricts the resale of tickets by season ticket holders. According to the court document, the Devils only allows season ticket holders to resell their individual tickets exclusively through Ticketmaster, the team’s designated reseller. If a ticket holder chooses to sell the ticket by other means, including websites like StubHub.com, the team cancels season tickets or charges extra fees.

The two plaintiffs Rey Olsen and Alex Olsen argue that the …

April 27, 2015 Concussions / Litigation / NFL

NFL Concussion Settlement Likely to be Appealed for Failing CTE Victims

The estate of former Chicago Bears safety, expressed an intention to appeal the approval of the most recent settlement between the NFL and retired players over the concussion litigation, which looks to pay out almost $1 billion in compensation.

Wednesday’s settlement provides the greatest amount of relief any of the prior settlements have offered, lifting the $765 million cap that once restricted the amount the NFL would pay out. Under the settlement, players would receive compensation in varying amounts for varying diseases; a diagnosis …

April 24, 2015 Doping / MLB

Barry Bonds Absolved of Obstruction Conviction

On Wednesday, April 22, the Ninth Circuit Court of Appeals reversed Barry Bonds’ conviction for obstruction of justice stemming from questionable testimony given in front of a grand jury in 2003 regarding the use and distribution of illegal steroids.

Bonds was summoned to testify before a grand jury in 2003 about his alleged use of performance enhancing drugs. During the proceedings, Bonds was questioned for nearly three hours. In 2007, he was charged with making false statements and obstructing justice. Trial did not begin until …

April 23, 2015 Concussions / Litigation / NFL

NFL & Former Players Reach Settlement Again; Judge Approves

On Wednesday, April 22, Federal Judge Anita Brody approved what may become the long-awaited final settlement between the massive class of ex-NFL players and the NFL in their concussion litigation.

The lawsuit, an aggregation of hundreds of ex-players’ complaints, began three and a half years ago claiming the NFL failed to address and warn of the dangers of head trauma. Former players and their families suffering from life with debilitating neurological damage sought medical help from the NFL. After a few rejections of proposed settlements, …

April 22, 2015 Copyright

Disney Fails on Attempt to Dismiss “Frozen” Teaser-Trailer Lawsuit

Federal Judge Vince Chhabria for the Northern District of California denied Disney’s attempt to dismiss a copyright lawsuit brought against it alleging ideas used in a teaser trailer for the hit film “Frozen” was stolen.

The lawsuit, brought by animator Kelly Wilson in March of 2014, claims the trailer was ripped off from her 2-D short film “The Snowman.” Arguing the trailer has many similarities to the short film, Wilson must also prove that Disney was aware of it and had seen it. Disney brought …

April 21, 2015 Litigation / NFL

Jameis Winston, One of 2015 NFL Top Picks, in Civil Suit for Rape

In the lawsuit filed in a Florida state court in Orlando, Erica Kinsman accused Winston of assault, false imprisonment, sexual battery, and intentional infliction of emotional distress. Through her attorneys David King, Baine Kerr, and John Clune, Kinsman is demanding more than $15,000 as well as “the right to seek leave as to her entitlement to punitive damages.”

Specifically, the suit alleged that Winston’s “conduct was extreme and outrageous and caused Plaintiff to suffer severe mental anguish and suffering, including, more specifically, loss of sleep, …

April 20, 2015 Concussions / NCAA

New Settlement Proposal Made in NCAA Concussion Lawsuit

On April 14^th, the NCAA filed a new proposed $75 million settlement deal to resolve the class-action concussion lawsuit filed against it. The lawsuit resulted from the consolidation of several cases after former student athletes sued the organization for downplaying and/or neglecting to inform them of the long-term, life altering risk and consequences of sports-related head injuries.

The revised proposal was submitted to address deficiencies in the prior settlement deal that federal judge John Z. Lee rejected last December. In essence, the core …

April 17, 2015 NFL

Future of NFL in St. Louis Appears to be in Court’s Hands

In March, the NFL announced the league was accelerating its efforts to move an NFL franchise to the Los Angeles market. Stan Kroenke, the St. Louis Ram’s owner, has a $1.86 billion stadium complex planned in Inglewood, California. It is clear that time is of the essence, and Jay Nixon’s two-man stadium task force of Dave Peacock and Bob Blitz need to get their proposed financing for the $985 million stadium development in downtown St. Louis finalized and before the NFL owners’ committee as soon …

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