On February 7, 2013, the NFL’s Washington Redskins were forced to defend the validity of six of the team’s trademarks to the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board. Several Native American Petitioners have claimed that the Redskins’ name and logo are disparaging and offensive to Native Americans – making them barred from trademark protection under the Lanham Act. Jesse A. Witten, counsel for the Native Americans, noted, “We are focused on the word “Redskin’ and no other matter. ‘Redskin’ is an …
Continue ReadingTag: NFL
Choice of Law Provisions Bar NFL Player’s Workers’ Compensation Claims
A group of 15 former National Football League (NFL) players, including former Buffalo Bills defensive end Aaron Schobel, have asked the California Northern District Court to overturn a ruling of an arbitrator who concluded that players could not file for workers’ compensation in California due to choice of law provisions in their contracts. The defendants include the NFL, the Buffalo Bills, and the New York Giants.
Under California law, players who have played at least one or more football games in California (even though they …
Continue ReadingScience of Sports: NFLPA and Harvard to Team Up for Study on Treatment of Football Injuries
Harvard University and the National Football League Players Association (“NFLPA”) are negotiating a deal with the NFL seeking a $100 million grant for the purpose of studying, diagnosing, and treating injuries and ailments suffered by players as a result of their football careers.
Dr. Lee Nadler, the Harvard Medical School Dean for clinical and translational research, attested to the groundbreaking nature of the proposed project, noting “[n]o one has ever studied the players [themselves] before. There have been postmortem studies looking at the brains of …
Continue ReadingNFL’s Squeeze Play Forces “Harbowl” Trademark Owner to Forfeit Rights
Last year Roy Fox got to thinking – what if NFL Head Coaches and brothers Jim Harbaugh (San Francisco 49ers) and John Harbaugh (Baltimore Ravens) ended up facing each other in the Super Bowl? With that thought in mind, Fox went out and spent over $1,000 to file trademark applications for the terms “Harbowl” and “Harbaugh Bowl.” The NFL was not pleased by Fox’s play. Shortly before the 2012-2013 season began, the League contacted Fox with concerns that his trademarks could become confused with the …
Continue ReadingConcussion Link to Seau Suicide?
Junior Seau committed suicide nearly eight months ago via self-inflicted gunshot wound to the chest. Now, reports composed by three independent neurologists have confirmed that Seau – the 20 year NFL veteran linebacker and long-time San Diego Charger – suffered from Chronic Traumatic Encephalopathy, or “CTE.” As described by an ESPN report, this condition is a “progressive disease associated with repeated head trauma.” CTE has only recently been identified as a potential side effect of playing professional football, a game where players often experience repeated …
Continue ReadingInsurance Companies Score First in Battle For Home-Field Advantage in Case to Decide Forum For Coverage Issues in Concussion Cases
There is something about home-field advantage. Maybe it’s the hometown fans there to cheer on their team, or maybe it’s the familiarity of the venue. Whatever it is, almost every team would rather play on their home turf. And this brings us to one of the bigger disputes associated with the NFL concussion lawsuits.
In August 2012, the NFL and its current and past insurance companies began posturing for their own home-field advantage of sorts to decide coverage issues in the concussion lawsuits brought by …
Continue ReadingTagliabue Issues Balancing Act Ruling in Pay for Performance
On Tuesday, December 11, 2012, in a balancing act that even Solomon could probably appreciate, former NFL Commissioner Paul Tagliabue issued his written opinion (posted at NFL.com) in the pay-for-performance scandal which has plagued the New Orleans Saints.
The pay-for-performance scheme created incentives for Saints’ players to render “opposing players unable to play.” In issuing his opinion, Tagliabue noted his belief that
… Continue Readingit is in the best interest of all parties for me to resolve this issue as completely as possible, so that
Will Trainers Become the NFL’s New MVPs in Concussion Fight?
Liability concerns stemming from the NFL’s massive multi-district concussion litigation have been affecting changes which may permanently alter the way the game of football is played. Essentially, the main suit pits former players against the League, accusing the NFL of failing to warn them of the long term risks of concussions and their effect on later-life cognitive decline.
Recent changes made by the NFL include alterations to playing surfaces, equipment, and long standing game-play rules. For example, the League has shortened the kick-off play to …
Continue ReadingFantasy Sports: A Real Game-Changer for Employers
“The number of Americans playing in fantasy football leagues has grown exponentially of late, transforming what was once a pastime of a devoted few into a national sensation,” write Goldberg Segalla attorneys Seth L. Laver and Michael P. Luongo.
“Most employers are cognizant of the importance of maintaining up-to-date computer use policies, social media protocols and other important workplace regulations, yet they inexplicably miss regulating participation in fantasy sports. Make no mistake, however: fantasy sports has real world implications on the workplace.”
This article
NFL Potentially Takes Another Hit in the Concussion Litigation
The latest story in the NFL class action concussion lawsuit spells more potential trouble for the league. Late last week, news surfaced that the NFL’s retirement board had prior knowledge of the potentially devastating effects caused by long-term head injuries incurred throughout the course of a football career. In particular, the board’s at-issue report indicated that the league had paid more than $2 million in disability benefits to certain players who had suffered brain injuries, noting that one of those players (ex-Pittsburgh Steeler center Mike …
Continue Reading