Update: Judge Denies Special Investigator in NFL Concussion Settlement

Recently, a judge denied the NFL’s Request to hire a special investigator in the billion-dollar concussion settlement case. According to Judge Anita B. Brody, “[t]he NFL Parties have provided sufficient evidence of possible fraud to warrant serious concern … however, the Claims Administrator and Special Masters have demonstrated that they are capable of ferreting out any claims involving misrepresentations, omissions, or concealment of material fact, and ensuring that those claims are not paid.”

As we have previously reported, counsel representing the NFL asked Judge …

July 25, 2018 Gambling / NCAA / Sports Betting / Sports Gambling

NCAA Analyzes the Impact of Legalized Sports Betting

On July 19, 2018, the NCAA announced that it was analyzing the impact of legalized sports betting by creating an internal team of experts. The team of experts would exam the long-term effects of legalized sports betting and its impact on college sports, including its impact on officiating, rules, and the used of integrity services. The NCAA said it remains opposed to legalized sport betting and is focused on protecting student-athletes and the integrity of their events. According to NCAA chief legal officer Donald Remy, …

July 24, 2018 Contract / Fantasy Sports / Gambling / Intellectual Property / Intellectual Property, Copyright, and Trademark / Litigation / Trademark

CBS Interactive Inc. Sued for Trademark Infringement

On July 13, 2018, Fulltime Fantasy Sports, LLC (Fulltime) sued CBS Interactive Inc. (CBSi) for trademark infringement, false advertising, breach of contract, conversion, unlawful and deceptive practices, and unfair competition. According to the complaint, “[a]s fantasy football season approaches, Fulltime has been forced to file this action to seek relief from the Court’s so that CBSi will stop misappropriating Fulltime’s intellectual property and good will, stop confusing consumers, and pay Fulltime what it is owed.”

Fulltime, founded in 2011, “provided premier fantasy sports content, …

July 19, 2018 Class Actions / Concussions / NHL

NHL Players Denied Class Certification

On July 13, 2018, United States District Judge Susan Richard Nelson declined to certify a class of thousands of former NHL players who are suing the NHL. As we have previously reported, several former NHL players sued the NHL claiming that the NHL failed to inform them of the health risks caused by concussions and head-related trauma even though the league had knowledge of such information. The players filed for class certification, but Judge Nelson refused to certify the class because the applicable law …

July 19, 2018 Basketball / Defamation / Ethics / Litigation / NCAA

Former Louisville Basketball Players Sue NCAA

In February 2018, the University of Louisville men’s basketball program was forced to vacate 123 wins from the 2011-2014 seasons. This included Louisville’s 2013 national championship, making Louisville the first university to have to vacate a national title. The program was forced to vacate these wins and pay fines by the National Collegiate Athletic Association (NCAA) due to multiple NCAA infractions. The infractions revolved around former staff member Andre McGee of the men’s basketball team allegedly hiring exotic dancers and escorts to entice recruits to …

July 18, 2018 Intellectual Property / Litigation / NFL

NFL Enterprises LLC Settles Patent Dispute

On July 10, 2018, NFL Enterprises LLC reached a settlement with OpenTV Inc. While the details of the settlement were not disclosed, the two parties did terminate their ongoing proceeding before the United States Patent and Trademark Office, Patent Trial and Appeal Board and their ongoing lawsuit in the United States District Court of California. Back in May 2017, OpenTV and Nagravision SA filed eight patent infringement claims against the NFL Enterprises claiming that various video content used by the NFL Enterprises viewers on their …

July 18, 2018 civil rights / Ethics / NFL

NFL Players Association Files Grievance Over League Anthem Policy

On Tuesday, July 11, the NFL Player Association (NFLPA) filed a grievance against the league over its new national anthem policy. The policy was announced in May 2018 after a wave of peaceful on-field protests by current players during the past NFL season. The players were protesting police brutality towards the African-American community as well as systematic racism. Nevertheless, the players and league itself received criticism and outrage from President Donald Trump and other conservatives over the player’s decision to protest by kneeling during the …

July 17, 2018 Advertising / Basketball / Copyright / Intellectual Property / Intellectual Property, Copyright, and Trademark / Litigation / NBA / Sponsorships / Trademark

Nike ‘Jumps’ Over Photographer Who Sued Over Iconic ‘Jumpman’ Logo

Nike’s namesake comes from the Greek Goddess of Victory and the sportswear giant once again lived up to their legendary name by scoring a second victory in the Ninth Circuit. The Sports Law Insider has previously reported on the three-year suit between photographer Jacobus Rentmeester and Nike over the iconic Jumpman Jordan logo.

The action started back in January 2014 when Rentmeester filed suit against Nike for copyright infringement. The iconic logo shows Michael Jordan in a common ballet pose known as the grand …

July 17, 2018 Copyright / Intellectual Property / Intellectual Property, Copyright, and Trademark / WWE

WWE and Take-Two Interactive Move to Dismiss Tattoo Artist Copyright Infringement

On July 9, 2018, World Wrestling Entertainment Inc. (WWE) and Take-Two Interactive Software Inc. (Take-Two) moved to dismiss the suit brought by Catherine Alexander, a tattoo artist for professional WWE wrestler Randy Orton. As we have previously reported, Alexander, sued WWE and Take-Two claiming that several video games in the WWE 2K series illegally copied Alexander’s copyrighted tattoos in the Randy Orton game avatar. Between 2003 and 2008, Alexander created several tattoos for Orton, including tattoos on his upper back, forearms, upper arms, and …

July 16, 2018 Class Actions / Concussions / Litigation

Parents Try To Quash Pop Warner Subpoena

The Sports Law Insider has previously reported on the class-action suit started by parents whose sons played Pop Warner football as children and subsequently were found to suffer from chronic traumatic encephalopathy (CTE) after their deaths. The original complaint accused Pop Warner of failing to monitor games, practices, rules, equipment, and medical care to minimize long-term risks associated with brain injuries, failing to accurately diagnose brain injuries, and failing to approve the best equipment available. The complaint also accused USA Football of promoting safety programs …

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