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Intellectual Property, Copyright, and Trademark / Litigation / NFL

EA Still on the Hook for NFL Likeness Misuse; Wins on Sanctions Motion in the Meantime

As we have previously reported, Electronic Arts Inc. continues to be under fire for trying to evade responsibility for its alleged unauthorized use of thousands of NFL players’ likenesses in its video games, most notably in Madden NFL. On March 29, 2018, the retired players filed a motion in opposition to EA’s third attempt at summary judgment.

According to the retired players’ motion, they represent a proposed class of over 7,500 other retired NFL players who claim to have been similarly aggrieved by EA’s …

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NCAA

Scope of NCAA Corruption and Bribery Case Grows

On April 10, 2018, attorney Robert S. Khuzami added the University of Kansas and North Carolina State University to the list of NCAA basketball programs involved in the NCAA corruption and bribery case. As we have continued to cover, this case involves Adidas executive Jim Gatto, Adidas contractor Merl Code, and sports business manager Christian Dawkins. Each stand accused of facilitating six-figure payments to basketball players and their families in exchange for promises that the players would enroll at Adidas sponsored NCAA Division I …

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Litigation / NFL

Missouri State Court Sides Against NFL in Move Petition from St. Louis Rams

On April 3, 2018, a Missouri Supreme Court Judge denied the NFL’s motion to dismiss in its lawsuit against the City of St. Louis, County of St. Louis, and the St. Louis Regional Convention and Sports Complex Authority (SCA), which operates the St. Louis Rams former stadium. The NFL attempted to argue that the Missouri state court did not have the jurisdictional authority to hear the case where The Rams Football Company, LLC, the NFL, and every NFL owner, 89 separate entities in total, were …

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Intellectual Property, Copyright, and Trademark

Battle of the Barbershops: LeBron vs. Alabama

On April 2, 2018, LeBron James’ multimedia company, Uninterrupted, sent a stern letter to the University of Alabama for airing a sports talk series that feels strangely similar to his own new series, “The Shop.” The University of Alabama’s series, “Shop Talk,” much like James’ series, is set in a barber shop, and involves a group of people having casual conversation about an assortment of topics. James’ show, which has already gotten over four million views, features James, his friends, and other guests getting …

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Litigation / NFL

Packers Fan Suing Bears Over Fan Gear Survives Motion to Dismiss

On March 30, 2018, U.S. District Judge Joan B. Gottschall ruled that Russell Beckman, a longtime Green Bay Packers fan, did not established that he had standing to sue the NFL, but he did meet his burden in his First Amendment claim against the Chicago Bears. As we have previously covered, Beckman, representing himself, sued the NFL and the Chicago Bears after he was not allowed entry to a Bears Season Ticket Holder Experience event at Soldier Field because he was wearing Green …

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Intellectual Property, Copyright, and Trademark / Litigation

Tattoo Copyright Infringement? Judge Says Too Soon To Tell

On March 30, 2018, a federal judge denied a motion in defense of a video game producer’s use of tattoo designs in its basketball-themed games. As we have previously covered, Solid Oak Sketches LLC, the owner of eight copyrighted tattoos donned by several high profile NBA players, filed suit against video game producer and distributer, Take-Two Productions, for alleged infringement. Solid Oak purchased the designs directly from the tattoo artists, and offered to allow Take-Two to use them for $819,000, or perpetually for $1.14 …

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Litigation / NFL

Texas Court Allows Clinic’s ERISA Suit Against NFL to Stand

On March 27, 2018, a Texas court partially granted and partially denied a four-time amended complaint in a suit filed by medical clinic, Advanced Physicians SC (AP), against Cigna Health and Life Insurance Company, Cigna Healthcare Management Inc., Connecticut General life Insurance Company, Great-West Healthcare-Cigna, and the NFL Player Insurance Plan.

From the lawsuit, AP sought compensation under the Employee Retirement Income Security Act, ERISA, for unpaid, but allegedly legitimate, claims for previous medical care rendered to retired NFL players and their families. According to …

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Litigation / NCAA

College Athlete Compensation Suit Moved to Trial

On March 28, 2018, U.S. District Judge Claudia Wilken ruled the 2015 O’Bannon decision did not bar the recent NCAA antitrust lawsuit. As previously covered, a class of college athletes are attempting to obtain a judgement that would lift the cap on college athlete’s compensation. In their lawsuit, the college athletes argued that the NCAA violated federal antitrust law by conspiring to impose an artificial ceiling on the scholarships and benefits that college athletes may receive as payment for their athletic services, which arguably have …

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Concussions / Litigation / NFL

Former Chicago Bear Sues NFL for Damages from Concussions

On March 27, 2018, former Chicago Bear Craig Steltz filed a lawsuit against the NFL in Louisiana federal court. In the lawsuit, Steltz requested financial compensation for the chronic injuries, expenses, and intangible losses suffered as a result of the NFL’s “intentional tortious misconduct, including fraud, intentional misrepresentation, and negligence.” Steltz claimed that he suffers from the pathological and debilitating effects of mild traumatic brain injuries (MTBI) caused by the repeated concussive and sub-concussive impacts that he experienced while playing in the NFL. Steltz, a …

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WWE

WWE Persistent in Seeking Concussion Suit Sanctions

On March 22, 2018, World Wrestling Entertainment Inc. (WWE) sought the support of a federal court to uphold a sanctions recommendation provided a month earlier, which was directed toward attorney Konstantine Kyros. As we have previously covered, Kyros represents former WWE wrestlers, Evan Singleton and Vito LoGrasso, in their concussion suit against WWE.

The recommendation for sanctions stemmed from Kyros’ failure to adequately respond to interrogatories amid discovery. WWE believes that the suggested sanctions, to include attorneys’ fees and costs covering the ongoing discovery …

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