MLB Points to Win Over Minor Leaguers in Attempt to Cut Off Scout’s Appeal

Former Kansas City Royals scout Jordan Wyckoff, and former Colorado Rockies scout Darwin Cox, have sued Major League Baseball for unlawfully suppressing scout’s wages. In September, 2016, the bulk of their suit was dismissed by a New York district court after it was ruled that the scout’s federal and state antitrust claims were barred by the so-called baseball exemption. The exemption was set forth in a 1922 U.S. Supreme Court decision, and it covers employees who are essential to the “business of baseball.”

On July …

July 11, 2017 Concussions / Litigation / NHL

Dropping The Gloves: NHL Fights Back at Player’s Bid to Exclude Expert Testimony

The NHL has responded to a bid to remove expert testimony the league believes improves their attempt to defeat class certification. The NHL’s response is the latest development in the December bid to certify a class by the league’s former players who claim that the league failed to warn them of the various known risks and diseases associated with repeated head trauma.

The players believe the league’s expert testimony is cumulative and will confuse a jury due to its amount of similar and supposedly irrelevant …

July 10, 2017 Litigation

Riddell and Xenith Reach Settlement

On Wednesday, July 5, 2017, Riddell reached an undisclosed settlement to resolve their patent infringement claims against fellow helmet-maker Xenith. The lawsuit had alleged that Xenith infringed upon Riddell’s patents relating to the basic shape and design of their helmets, including the outer shell and ventilation features of the helmet. The Xenith models in question were their varsity and youth EPIC and X2E helmets. This settlement comes years after another case filed by Riddell against Schutt Sports resulted in a jury awarding Riddell $29 million …

July 10, 2017 Golf

Out of Bounds: Court Rules Against Golf Tailor’s Counterclaims in IP Dispute

In February, GolfBestBuy filed suit in California’s Federal Courts against Golf Tailor, accusing Golf Tailor of purchasing their clubs through authorized reseller Golf Gifts and Gallery Inc., and then, after gauging customer interest, going to a Chinese manufacturer to produce counterfeits. Counterfeit goods from China continue to hinder U.S. markets, and cost U.S. businesses billions a year in lost profits. According to the suit, Golf Tailor bought more than 100,000 clubs from GGG at a unit price of $17 apiece and then sold the clubs …

July 7, 2017 Litigation / TV

Fox Sports Top Executive Fired

On Monday, July 3, 2017, Fox Sports, which is owned by 21st Century Fox, fired top executive Jamie Horowitz after a week-long investigation into alleged sexual harassment. Horowitz has been credited with introducing an influx of hotly-contested sports debate television shows to Fox Sports One following his departure from ESPN. His firing comes after other high profile Fox executives Roger Ailes and Bill O’Reilly were recently forced out or fired due to similar allegations, resulting in Fox paying approximately $45 million in settlements over the …

July 6, 2017 MLB

MLB Tagged with Racial Discrimination Lawsuit

Angel Hernandez, an umpire for Major League Baseball, has sued the league along with the commissioner’s office. Hernandez alleges that racial discrimination — along with a long term personal vendetta between Joe Torre and himself — has been hindering his career advancement as a professional baseball umpire.

Hernandez filed his complaint in the U.S. District Court in Cincinnati, which claimed the Office of the Commissioner of Baseball and Major League Baseball Blue Inc. violated Title VII of the Civil Rights Act of 1964 and Ohio …

July 5, 2017 Intellectual Property, Copyright, and Trademark

Gronk Spike Silhouette Ricocheted with Opposition from Nike

In April 2016, Rob Gronkowski’s new clothing and exercise equipment company, Gronk Nation, LLC, filed with the U.S. Patent and Trademark Office to trademark a silhouette of Gronkowski’s legendary Gronk spike for use on their products. Nike has filed a formal opposition, saying Gronk Nation’s logo could be confused with its “Jumpman” logo that the company has used since November 1987. Nike has trademark rights to use its logo in connection with clothing, footwear, sporting goods, hosting sporting events, and related products and services. Gronk …

June 30, 2017 Litigation

Seventh Circuit: Season Tickets are a Privilege, Not a Right

On June 22, 2017, a three-judge Seventh Circuit panel ruled Indianapolis Colts’ season ticket holders do not have a right to roll their seats over from one year to the next. This upholds a U.S. District Court ruling from November 2016.

This suit was brought by Yehuda Frager, a Pennsylvania-based ticket broker, last March. Frager alleged the Colts refused to renew his 94 sets of season’s tickets, which he paid over $75,000 for. It is alleged the Colts redistributed the tickets to a local …

June 29, 2017 Concussions / NFL

Fourth Circuit Says NFL Retirement Plan Wrongfully Denied Request for Higher Benefits

On Friday, June 23, 2017, the Fourth Circuit affirmed a Maryland District Court’s 2016 ruling that the National Football League’s Retirement Plan wrongfully denied a request by former NFL linebacker Jesse Solomon for a higher level of benefits. Solomon sought a higher level of benefits as a result of cognitive impairments he has suffered due to head injuries sustained while playing nine years in the NFL. As a result of the affirmation that the Retirement Plan “abused its discretion” in Solomon’s case, the NFL will …

June 28, 2017 Litigation

Helmet to Helmet: The latest in Schutt and Riddell’s IP Row

Football helmet maker Schutt Sports responded strongly to a bid by rival Riddell Inc. to throw away the IP suit—or to at least give Riddell home field advantage and move the claims to Illinois, where Riddell is headquartered. The suit revolves around Riddell’s alleged infringement on three of Schutt’s helmet design patents, U.S. Patent Nos. 8,938,818, 8,528,118 and 8,813,269. Schutt believes there is no reason to dismiss or move the case from Texas.

Schutt contends that Riddell has positioned itself to have a …

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