Players Are Harmed Regardless.

To start off the final round of filings, the plaintiffs in the O’Bannon trial submitted a brief addressing the court’s questions peppered at the end of the trial and rebutting the arguments articulated by the NCAA.

At the end of the trial, Judge Claudia Wilken rigorously asked fundamental questions to determine whether the plaintiffs sufficiently established that the NCAA has violated antitrust law. The plaintiffs reiterated in their brief that pinpointing the buyer and the seller in this case is pointless. Regardless of who the …

July 3, 2014 Intellectual Property, Copyright, and Trademark / Trademark

Trademark-Bullying Against Bills Fans

Texas A&M, the owner of the “12^th Man” trademark, filed two complaints against four Buffalo Bills fans who infringed on the trademark when they included the term in their website 12thManThunder.com. The fans may not have known, but the Bills have been paying Texas A&M licensing fees to use the term on the Bills Wall of Fame.

The story then became rather emotional than legal when it was known that one of the Bills fans is Charles “Chuckie” Sonntag, a double amputee who had …

July 2, 2014 Labor & Employment

Lingerie Football League Sued Over Wage Dispute

On Monday, June 30, the former Lingerie Football League (now known as the Legends Football League) was sued in Los Angeles Superior Court by a former player. Melissa Margulies, formerly of the Los Angeles Temptation, filed the complaint claiming violations of labor laws.

According to Ms. Margulies, the league required its players to sign as independent contractors, thereby avoiding overtime pay and other wage requirements. Margulies claims this to be a “willful misclassification” as the players were strictly employees of the football league as they …

July 1, 2014 Antitrust / NCAA

O’Bannon Trial: The Ball is Now in the Hands of Judge Wilken

After 24 witnesses over 15 days of trial, it has finally come to an end, with a final round of filings scheduled to end on July 10. Presiding Judge Claudia Wilken is expected to render her decision by early August. No matter who wins, there will be appeals.

During the last day of the trial, the NCAA articulated the plaintiffs must show all the elements in an antitrust case: buyer, seller, market, product, agreement, restraint, antitrust injury and victim. The NCAA further argued its rules …

June 30, 2014 Legislation

New Jersey’s Long Stretch to Legalize Sports Betting

Today New Jersey Senator Ray Lesniak is expected to introduce a bill that presumably would circumvent the Professional and Amateur Sports Protection Act (PASPA), a federal law prohibiting sports betting, to allow sports gambling in the state’s casinos and racetracks.

His plan was announced shortly after the Supreme Court denied to hear the state’s appeal on Monday. New Jersey previously challenged the federal law in an effort to legalize sports betting in the state but has lost three times in federal court.

Senator Lesniak’s bill …

June 29, 2014 MLB

Cleveland Indians Logo Under Attack

The Native American advocacy group, “People Not Mascots,” is threatening the Cleveland Indians with a lawsuit for $9 billion in damages. The group claims that the Cleveland Indians’ logo, Chief Wahoo, is offensive and racist.

According to the group’s leader, Robert Roche, a Chiricahua Apache, the substantial amount of damages is based “on a hundred years of disparity, racism, exploitation, and profiteering.” Roche further stated the logo has “been offensive since day one. We are not mascots. My children are not mascots. We are people.”…

June 28, 2014 Copyright / Intellectual Property, Copyright, and Trademark / TV

Supreme Court Shuts Down Aereo

The much anticipated Supreme Court decision came out today. The US Supreme Court, in a 6-3 decision, ruled that Aereo infringed on the copyrights of major TV networks when it transmitted their contents to its subscribers. Aereo rented out a miniature antenna to a subscriber who then received broadcast signals from major TV networks.

Writing for the majority, Justice Stephen G. Breyer found that Aereo was essentially acting like a cable company, not like “an equipment provider.” He further rejected Aereo’s argument that its transmission …

June 27, 2014 Defamation

Girls Gone Wild Founder Loses Appeal

Infamous “Girls Gone Wild” founder, Joe Francis, is once again on the losing end of the docket. The California 2^nd District Court of Appeals ruled against Francis in his appeal of a recent $19 million judgment.

In 2012, casino mogul Steve Wynn, took Francis to court claiming slander. The dispute arose from Francis’ statements on “Good Morning America,” where he claimed Wynn threatened to hit him in the head with a shovel and have him buried over a past debt. Wynn argued that Francis’ …

June 27, 2014 Litigation

Second Circuit Refuses to Second-Guess College Hockey Coach

James “Jak” Knelman played hockey for Middlebury College until he was kicked off the team by head coach Bill Beaney for leaving a team banquet early. Whether the coach’s decision was right or wrong, the player has no right to sue the coach and college, according to the United States Court of Appeals for the Second Circuit in a decision issued on June 23 (Knelman v. Middlebury College, 13-2614-cv, 2014 US App LEXIS 11721 [2d Cir. June 23, 2014]).

Knelman joined the Middlebury …

June 26, 2014 NCAA

Product Endorsement Takes a Front Seat in NCAA Trial

Day 12 of the O’Bannon v. NCAA trial began with the NCAA calling SEC Executive Associate Commissioner and Chief Operating Officer, Greg Sankey, to the stand. Sankey spent much of his time justifying amateurism for the court, and Judge Wilken appeared especially interested in product endorsement.

Up until this point, the case has mostly revolved around the use of player names and likeness in video games and television broadcasting. When Sankey’s testimony began to address product endorsement by schools and sports programs, Judge Wilken began …

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