February 10, 2020 Hockey / Litigation / NHL

Seattle Kraken or Sockeyes: How Legal Implications May Influence Seattle’s Decision

Numerous reports have surfaced regarding the new Seattle NHL expansion team’s name. Names such as the Seattle Cougars, Emeralds, Rainiers, Sea Lions, Totems, Kraken, and Sockeyes have been listed as possible options. However, legal implications may force the NHL and the team to narrow their list.

In December 2018, the NHL awarded an expansion franchise to Seattle. Since the expansion was awarded, fans have endlessly speculated about the team’s name and logo. The team, not backing down from an obvious marketing opportunity, continues to tease …

February 10, 2020 Litigation / NCAA

Hazing Gone Wild: Failure to Stop Football Team Hazing, Penn State Sued

On January 13, 2020, former Penn State football player Isaiah Humphries filed a complaint in the U.S. District Court for the Middle District of Pennsylvania against teammate Damion Barber and head coach James Franklin. Humphries alleges that he and some of his teammates were subjected to harassment, sexual hazing, and abuse at the hands of Barber and other upperclassmen teammates In addition, Humphries states that the coaching staff was aware of the hazing and did nothing to stop it.

Humphries’ complaint states that, on multiple …

February 7, 2020 Legislation / Litigation

Barstool Sports in Hot Water with National Labor Relations Board

On January 27, 2020, a complaint was filed with the National Labor Relations Board (NLRB), alleging that Barstool Sports “engaged in and is engaging in unfair labor practices within the meaning of section 8(a), subsections (1) of the National Labor Relations Act.” While the complaint is devoid of facts regarding Barstool’s alleged violation(s), it is suspected that the unfair labor practices took place on January 22, 2020, during Episode 22 of The Kirk Minihane Show, a popular Barstool Sports podcast.

During the podcast, Minihane …

February 5, 2020 Hockey / NHL

Green Day’s NHL All-Star Performance Could Raise Questions About Recent Partnership

On January 25, 2020, the NHL hosted its annual All-Star Game in St. Louis, Missouri. The two-day skills competition and All-Star Game appeared to go on largely unnoticed – an ongoing thorn in the side of NHL Commissioner Gary Bettman. That is, until punk rock legends Green Day took the stage during the second intermission of the game.

Those watching live heard the band’s lead singer, Billie Joe Armstrong, yell several expletives. Apparently, NBC censors were scrambling to keep up with the band’s performance, …

February 5, 2020 NCAA / Sponsorships

NCAA Agrees: Student-Athletes Can Receive Funding for Olympic Training

The NCAA has determined that elite collegiate athletes may receive funding for Olympic training without risking their eligibility under the organization’s amateurism rules.

The Division I Counsel, a 40-person committee that oversees the NCAA, came to this decision at the NCAA 2020 Convention in Anaheim, California. As we have previously reported, the NCAA’s rules of amateurism currently prohibit college athletes from being financially compensated for their athletic performance. However, in a slight modification to this provision, the Division I counsel decided that elite …

January 29, 2020 Advertising / Celebrities / Golf / Intellectual Property / Intellectual Property, Copyright, and Trademark / Litigation / PGA / Sponsorships / Trademark

Fore! Jack Nicklaus Sues Maker of Golf Training Technology for Trademark Infringement

Golf legend Jack Nicklaus has sued PowerPro Sports LLC, alleging that they are unlawfully using his likeness and trademarks without his permission to promote a product.

Nicklaus Companies LLC, Jack Nicklaus’ corporate vehicle, has sued PowerPro in Florida federal court. PowerPro makes the Powerchute golf training technology, which the company claims improves golf swing through the use of aerodynamic drag. Nicklaus argues that PowerPro violated his right of publicity under Florida law, as well as violated the federal Lanham Act by engaging in false endorsement, …

January 27, 2020 Hockey / Litigation

Hockey Player Sues Equipment Company, Claims Visor was Defective

Ian Hermann, a former junior hockey player, has sued the equipment company, HockeyTron, alleging that he was injured when a visor shattered on his face after being struck by a puck.

In October 2019, Hermann brought suit in the 429^th District Court of Collin County, Texas, alleging claims of product liability, breach of implied warranty, and negligence against HockeyTron. Hermann said that he purchased a Tron S30 Helmet Visor since it was marketed as being strong enough to protect the wearer from puck and …

January 27, 2020 Hockey / Litigation / NHL

Small Quebec Hockey Company in Legal Battle with Hockey Giant

A potential legal battle in the Quebec Superior Court is brewing between two hockey manufacturing companies and has been dubbed a commercial struggle between David and Goliath. Équipements de gardien de but Michel Lefebvre (EGB) is a Terrebonne, Quebec, family-owned and operated hockey manufacturing company that has been making elite goalie equipment since the 1970s. Some of the most renowned NHL goalies of recent memory–including Ken Dryden, Martin Brodeur, Patrick Roy, Ed Belfour, Curtis Joseph, Roberto Luongo, Marc-André Fleury, and Carey Price–have used EGB goalie …

January 23, 2020 Hockey / NHL

NHL Players’ Assault Charges Dismissed

On January 22, 2020, the assault charges against Colorado Avalanche forward A.J. Greer and Columbus Blue Jackets forward Sonny Milano were dismissed after the two paid an undisclosed victim’s medical bills and performed community service.

On July 7, 2019, Greer and Milano were arrested in New York City after an alleged assault of an undisclosed 28-year-old individual. Following their arrest, Greer and Milano faced third-degree assault charges. The New York Post reported that the undisclosed individual promised the two players that he could arrange table …

January 23, 2020 Antitrust / NCAA

Just When You Thought It Was Over: 9th Circuit Seeks More Information from Athletes and NCAA

Previously, it was reported that U.S. District Court Judge for the Northern District of California, Claudia Wilken, handed a limited win to college athletes in the Shawne Alston, et al v. NCAA, et al case. Judge Wilken ruled that the NCAA cannot limit compensation or benefits “related to education.”

However, the plaintiffs were seeking to invalidate caps on all forms of compensation. In their quest, they appealed Judge Wilken’s ruling to the U.S. Court of Appeals for the Ninth Circuit. On Jan. 6, 2020, the …

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