Latest Mitchell Quarterly Report Continues Praise of Penn State’s Progress Post-Sandusky Scandal

Penn State is apparently continuing to make steady progress in moving past the Jerry Sandusky child sex abuse scandal. Last week, former Senator George Mitchell, the third-party independent athletics integrity monitor, issued a third quarterly report (which can be found at by clicking here.) stating that University officials have given his team nothing but “full cooperation” as the institution works to implement various reforms after sanctions were imposed on Penn State stemming from the Sandusky scandal. Like Mitchell’s two prior reports, his third quarterly…
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If It’s In the Game …

This past week, the Third Circuit Court of Appeals’ decision in the case Ryan Hart v. Electronic Arts, Inc., Index No. 11-3750, paved the way for a showdown that could fundamentally change the way the National Collegiate Athletic Association (NCAA) goes about its business. In the case, Hart alleged that Electronic Arts (EA) had violated his right of publicity under New Jersey law by including his “likeness” in its video games NCAA Football 2004, 2005, and 2006. EA had previously won a motion…
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For The Third Time, California Courts Rule that the NFL Remains the Away Team

The National Football League (NFL) suffered its third blow from a California appeals court on Tuesday, May 28, 2013. First, the NFL-favored venue of California for the concussion related suits was denied; second, the NFL’s least preferable venue of New York was allowed; and now, California says the NFL will be the visiting team in New York court against 32 insurance companies. The NFL is looking to pass the bill to insurers for its concussion related lawsuits. The League argued for California jurisdiction…
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Touchdown Jets! Federal Judge Rules New York Football Team Can Use “Ultimate Fan” Phrase

New York Jets LLC recently scored a touchdown when a Louisiana Federal Court ruled that a sports marketing company no longer owned the trademark to “Ultimate Fan.” On May 30th, United States District Judge Jane Triche Milazzo of the Eastern District of Louisiana granted the Jets’ motion for summary judgment against Action Ink Inc. holding that the ‘Ultimate Fan’ trademark was abandoned and Action Ink had no enforceable trademark rights to the phrase. Action Ink sued the Jets in 2012 claiming that it…
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Funk Band Finally Listens to Hip-Hop, Files Suit Over Sample Used in 2003 Track

1970’s funk band Bloodstone filed suit in Missouri federal court on May 20, 2013 against Universal Music Group, Inc. (UMG) for copyright infringement of their 1979 song “I’m Just Doing My Job.” The Complaint, filed by members of Bloodstone alleges that UMG gave rappers T.I. and Kanye West a license to sample the 1979 song for use in TI’s hit “Doin’ My Job” without permission from the band. Bloodstone members Charles Love, Harry Williams, and Charles McCormick retain the sound recording and composition rights for…
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Former Hockey Player Derek Boogaard’s Family Sues NHL for Wrongful Death

The family of a National Hockey League (NHL) player who died of an accidental overdose from pain medications and alcohol has filed a wrongful death lawsuit against the league in Cook County, Illinois. The family of Derek Boogaard alleges that the NHL is responsible for the brain damage he suffered during his years in the league and for his eventual addiction to prescription pain killers. Boogaard was found dead of an accidental overdose of pain medication and alcohol on May 13, 2011 at the age…
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Former Producer Sues the WWE Over Big Show’s Aggressive Interview That Was All Too Real

Former WWW Producer Andrew Green has filed suit against World Wrestling Entertainment (the “WWE”) and professional wrestler Paul Wight Jr. a/k/a “Big Show” over a messy backstage interview.  Part of Green’s job responsibilities as a producer was to interview wrestlers following their bouts.  Green was asked to interview Big Show after his World Heavyweight Championship bout vs. Alberto Del Rio during January’s Royal Rumble pay-per-view event.  Big Show initially refused to do the interview until he was informed that it was ordered by a high…
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Singh Fires Back at PGA Tour with Lawsuit Over Deer-Antler Spray Suspension

On May 8, 2013, pro golfer Vijay Singh filed suit against the PGA Tour in New York State Supreme Court for exposing him to “public humiliation and ridicule.”  The suit stems from the Tour’s 12 week investigation into Singh for his use of deer-antler spray.  The Tour dropped its case against on April 30, 2013, citing new information from the World Anti-Doping Agency which said that it no longer prohibits the spray because it only contains minimal amounts of a banned substance, the growth factor…
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Classic Novel at the Center of New Copyright Battle

On May 3, 2013,  “To Kill a Mockingbird” author Nelle Harper Lee sued her former literary agent Samuel Pinkus and agency Veritas Media, Inc., accusing them of deceiving her into handing over the copyright to the book for nothing and wrongfully retaining the related commissions that Lee was entitled to. The back story is a relatively complicated one: Lee’s complaint asserts that Pinkus took advantage of his father-in-law’s ailing health back in 2002, snagging all the father-in-law’s clients from his literary agency McIntosh & Otis,…
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