December 2, 2019 Copyright / Intellectual Property / Intellectual Property, Copyright, and Trademark / Litigation / WWE

Pausing the Game: Take-Two Seeks to Pause WWE Copyright Infringement Lawsuit

Video game publisher Take-Two Interactive has told an Illinois federal court that it wants to pause a tattoo artist’s copyright infringement lawsuit, as a ruling on a pending summary judgment motion could decide the case.

As we reported last year, tattoo artist Catherine Alexander filed a lawsuit against Take-Two and World Wrestling Entertainment, alleging that they infringed on her copyright. Between 2003 and 2008, Alexander created several unique tattoos for WWE superstar Randy Orton. While WWE allegedly offered Alexander $450,000 for the rights to use …

October 30, 2019 Class Actions / Concussions / Litigation / NFL

Out of Time: Ex-NFL Players’ Suit Against Riddell Time Barred

In July 2016, a group of former NFL players filed a lawsuit against the sports equipment manufacturer, Riddell, Inc., in the Circuit Court of Cook County, Illinois. However, on October 21, 2019, Illinois’s First District Appellate Court ruled that the players’ suit is time barred by the “two-year statute of limitations governing personal injury actions in Illinois.”

In their complaint, the players alleged Riddell “failed to warn” that their “plastic helmets could not protect” the players against concussions or long-term neurodegenerative diseases. In addition, the …

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 …

March 13, 2018 Litigation / MLB

Cubs Dropped From Foul Ball Suit, If Only Temporarily

As we previously reported, a Cubs fan was struck in the face by a foul ball during an August 2017 game at Wrigley Field, where he brought his children to watch from the first base line. The injury left John “Jay” Loos blind in one eye and his other eye vulnerable to the same. He filed suit against both the MLB and the Cubs in October, alleging negligence by both parties, specifically, for failing to install a net which would have otherwise shielded him …

October 9, 2017 Litigation / NCAA

Northwestern Bricks its Shot for Motion to Strike in Johnnie Vassar Suit

On Friday, September 29, 2017, an Illinois federal judge denied the motion Northwestern University (NU) had filed at the end of January to strike portions of a former basketball player’s complaint that mentioned settlement negotiations. “Clearly, the purpose of this allegation is not to show liability by referencing a settlement agreement but rather to allege Northwestern’s bad act in making a misrepresentation to Vassar,” the judge’s order stated. The complaint alleged that NU offered a “cash payment” to “make Johnnie go away and free-up …

March 7, 2017 Legislation

Professional Sports Unions Blast Illinois Workers’ Compensation Proposal

As discussed previously on the Sports and Entertainment Law Insider last month, Illinois has introduced a Senate Bill to limit the age that an injured Illinois professional athlete can collect workers’ compensation benefits to the age of 35. Since that time, professional sports unions have come out strongly in opposition to the measure, including the National Football League’s Player Association (NFLPA) and the Major League Soccer Player’s Union.

The NFLPA, after previously warning that the proposed measure could result in free agents being cautioned against …

January 27, 2017 Legislation

Illinois Senate Proposal to Limit Workers’ Compensation Benefits to 35 Years of Age

A recent Illinois legislative proposal in Senate Bill 12 threatens to reduce the ability of professional athletes in the state to collect long-term workers’ compensation benefits.

Under Illinois law, permanently injured workers are able to collect workers’ compensation benefits until age 67. SB 12, which is part of an overall state budget package, contains a provision which would define a covered professional athlete as someone who plays for a professional sports team in Illinois and “derives the majority of his or incoming from playing athletics.” …

June 10, 2016 Fantasy Sports

Illinois Fantasy Sports Bill Stalls in House Heading into Summer

The Illinois state legislature wrapped up its spring session on Tuesday, May 31, 2016, and came with it the disappointment of many an avid daily fantasy sports player, as a proposed bill regulating the fantasy industry failed to be called to a vote before the end of the session. The bill, which had already passed in the Illinois Senate, seeks to allow DFS giants DraftKings and FanDuel to legally operate throughout the state under specific regulations. Some of those potential restrictions include limiting DFS games …

April 21, 2016 Litigation / NHL

Judge May Revive Wrongful Death Suit Against NHL

In December, an Illinois judge granted summary judgment dismissing the wrongful death claim Derek Boogaard’s parents brought against the NHL. After years of fighting for their son, the judge recently indicated that two counts of their amended complaint may be sufficient for the case to proceed.

Boogaard was an NHL enforcer for six years; he played for the Minnesota Wild and the New York Rangers. In 2011, Boogaard died of an overdose after years of fighting, sustaining various injuries, and becoming addicted to painkillers. After …

January 25, 2016 Fantasy Sports

Action in Daily Fantasy Sports Controversy Continues: DraftKings Changes User Rules and IL AG Files Motion to Dismiss

Action in the daily fantasy sports (DFS) controversy continued last week: DraftKings, Inc. changed its user rules, and DFS litigation faces a motion to dismiss from the Illinois attorney general.

In October 2015, an insider trading scandal was alleged against DraftKings and FanDuel, Inc. — the industry leaders in DFS. Thereafter, the companies faced government scrutiny and a myriad of consumer-based class action lawsuits. Currently at issue in states across the country is whether DFS violates state and federal anti-gambling laws.

In several class action …