A settlement has been reached in a
class action lawsuit against the Tampa Bay Lightning, in which a fan claimed
that the NHL team violated the Telephone Consumer Protection Act (TCPA) by
flooding him with unwanted text messages.
Plaintiff Brian Hanley claimed that the team violated the
TCPA by using a bait-and-switch tactic. Hanley was under the impression that he
had entered a ticket contest for a future Lightning game by texting a short
code number. Instead, he had inadvertently signed up for an advertising…
Continue reading...
On August 1st, Bobby Bowden, retired Florida State University football coach, submitted an amicus curiae brief to the Supreme Court in support of Joseph Kennedy’s appeal to allow the high school coach to pray with his football players on the field immediately after games. Bowden argued that denying Kennedy the opportunity for on-field prayer is an infringement on religious freedom.
As we have previously reported, Bremerton School District suspended Kennedy in 2015 after Kennedy disobeyed the public school district’s ban on his…
Continue reading...
Continue reading...
Colin Kaepernick first gained attention for his protests of the national anthem during National Football League preseason games in August 2016. Following Kaepernick’s lead, many athletes across various sports began demonstrating during the pre-game rendition of the “Star Spangled Banner.” The protests were met with widespread debate and incited responses from nearly every sports and media commentator. President Trump took to Twitter, posting a series of tweets sharing his strong feelings on the issue, calling for players who knelt to be “fired.” Kaepernick has…
Continue reading...
Continue reading...
On August 23, 2017, the Ninth Circuit affirmed the denial of a preliminary injunction by Bremerton High School football coach Joseph Kennedy, who accused the school of violating his First Amendment rights by prohibiting him from praying on the 50-yard line immediately after football games. The prayers had started with just Kennedy on the field, but some players joined in over the years, and the prayers evolved into short motivational speeches. Although the praying took place after the games, students and parents were still…
Continue reading...
Continue reading...
On Tuesday, June 26, 2016, FanDuel asked an Indiana federal court to dismiss it from a putative class action accusing daily fantasy sports operators of profiting off the unauthorized use of former NCAA athletes’ names and likenesses. It contended that its use of the names and likenesses was protected by the First Amendment.
FanDuel has had trouble with using the NCAA as a portion of its daily fantasy sports platform before, as back in March it had to reach a deal with the NCAA agreeing…
Continue reading...
Continue reading...
On December 22, 2015, the Federal Circuit came to a conclusion regarding the government’s ban on “disparaging” trademark registrations that will likely support the Washington Redskins in its attempt to recover cancelled trademarks. The Federal Circuit held, in a similar case, that it is unconstitutional for the government to prohibit trademark registrations that it deems to be “disparaging,” as such action violates the First Amendment.
Tuesday’s ruling occurred in a similar case, where Seattle-based rock band — The Slants — were refused a trademark…
Continue reading...
Continue reading...
On October 29, 2015, a notable group of First Amendment law professors filed an amicus brief with the Fourth Circuit, supporting the Redskins’ argument that Section 2(a) of the Lanham Act is in violation of the First Amendment.
The case, Pro-Football, Inc. v. Blackhorse, is currently pending in the Fourth Circuit Court of Appeals where the Redskins have been fighting to reclaim their trademarks that were cancelled by the U.S. Patent and Trademark Office (PTO) last year. The PTO’s revocation of the marks, which…
Continue reading...
Continue reading...
Rules directed towards away-team supporters in Tampa Bay Lightning’s Amalie Stadium have sparked controversy and raised First Amendment concerns for some. Fans in Amalie Stadium are prohibited from wearing away-team apparel in exclusive club seating areas. Those areas account for approximately 1,400 seats out of the arena’s 20,500 total. Also, in order to purchase tickets, fans must use a credit card associated with a Florida zip code.
Bill Wicket, executive vice president of communication for the Tampa Bay Lightning, commented on the restrictions: “[d]uring…
Continue reading...
Continue reading...
Jordan’s bid to win the right of publicity lawsuit without going to trial failed as a federal district court refused to rule that Jewel’s use of his likeness violated relevant state law as matter of law.
On March 12, District Judge Gary Feinerman denied Jordan’s motion for summary judgment, finding that there remained an unanswered legal question of “the extent to which the scope of the . . . state laws . . . is coextensive with the Supreme Court’s constitutional commercial-speech doctrine.”
To establish…
Continue reading...
Continue reading...
On February 19, the U.S. Court of Appeals for the Seventh Circuit reversed and remanded a lower court’s dismissal of a claim brought by Michael Jordan against Jewel Food Stores. Jordan’s lawsuit alleged that the grocery store misappropriated his identity for the store’s commercial benefit by running an ad in Sports Illustrated that congratulated the ex-player on his 2009 induction into the Basketball Hall of Fame. Though the ad didn’t feature Jordan himself, it prominently displayed a pair of red and white gym shoes featuring…
Continue reading...
Continue reading...