12th Man Up in the First Half: Texas Court Rules that Aggies Athletic Foundation Owes No Fiduciary Duty to Football Boosters, Second Half to Reveal Winner on Contract Claims -
There is perhaps no relationship stronger and...more
8/1/2024
/ Anti-SLAPP ,
Cease and Desist Orders ,
Contract Claims ,
Fiduciary Duty ,
Football ,
Injunctive Relief ,
Lanham Act ,
Motion to Dismiss ,
NV Supreme Court ,
Trademark Infringement ,
Trademarks
A Céspedes for the Rest of Us! Ex-New York Met Has Himself a Day, Winning a Critical Preliminary Injunction, as Chandler Bats Founder Finds Himself in a Pickle -
The companies of ex-MLB player Yoenis Céspedes—La Potencia,...more
7/11/2024
/ Breach of Contract ,
CO Supreme Court ,
Contract Terms ,
Duty of Care ,
Intellectual Property Protection ,
Liability ,
Misappropriation ,
Motion to Dismiss ,
Negligence ,
Preliminary Injunctions ,
Right of Way ,
Trade Secrets ,
Trademark Infringement ,
Trademarks ,
Waivers
Mischief Afoot: Vans Kicks MSCHF’s Main Defense to Trademark Infringement to the Curb in Art Sneaker Dispute -
If the shoe fits, wear it. Or so the Second Circuit mused in a recent decision, in which it “re-boxed” an art...more
5/6/2024
/ Dilution ,
Enforcement ,
Fantasy Sports ,
First Amendment ,
Gaming Commissions ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Licensing Rules ,
New Rules ,
Preliminary Injunctions ,
Prior Art ,
Restraining Orders ,
Rogers Test ,
SCOTUS ,
Trademark Infringement ,
Trademarks
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. In this issue,...more
10/12/2023
/ Antitrust Provisions ,
Appeals ,
Arbitration ,
Constitutional Challenges ,
DMCA ,
Equal Protection ,
Gender Identity ,
Mergers ,
Motion to Dismiss ,
Preliminary Injunctions ,
Student Athletes ,
Summary Judgment ,
Trademark Infringement ,
Transgender
NBA Properties Lands Slam Dunk in Intellectual Property Win Heard Around the Globe -
NBA Properties, Inc. (“NBAP”), the exclusive licensee of the National Basketball Association (“NBA”) and NBA teams’ distinctive trademarks,...more
11/30/2022
/ Adidas ,
Appeals ,
Counterfeiting ,
Defamation ,
E-Commerce ,
EU ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Lanham Act ,
NBA ,
Netflix ,
NY Supreme Court ,
Personal Jurisdiction ,
Petition for Writ of Certiorari ,
SCOTUS ,
Settlement Agreements ,
Trademark Infringement ,
Trademark Ownership ,
Trademarks ,
Ultimate Fighting Championship ,
USPTO
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. We hope you...more
12/23/2021
/ Actual Malice ,
Anti-SLAPP ,
Artistic Works ,
Copyright Infringement ,
Counterfeiting ,
Defamation ,
E-Commerce ,
Failure To State A Claim ,
Fair Use ,
False Light ,
First Amendment ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Invasion of Privacy ,
Netflix ,
Nike ,
Reputational Injury ,
Television Shows ,
Trademark Infringement ,
Video Games
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials.
Your...more
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. Your feedback,...more
3/2/2020
/ Car Accident ,
Car Racing ,
False Advertising ,
Fitness ,
Genuine Issue of Material Fact ,
Gross Negligence ,
IP License ,
Judgment As A Matter Of Law ,
Jury Verdicts ,
Litigation Strategies ,
Partial Summary Judgments ,
Public Safety ,
Punitive Damages ,
Summary Judgment ,
Trademark Infringement ,
Trespass ,
Unfair Competition ,
USPTO
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. Your feedback,...more
12/21/2018
/ Attorney's Fees ,
Claim Construction ,
Copyright ,
Copyright Infringement ,
DMCA ,
Equitable Estoppel ,
Fashion Design ,
Intellectual Property Protection ,
Lanham Act ,
Sports ,
Sports Apparel ,
State Law Claims ,
Trade Dress ,
Trademark Infringement ,
Trademarks
Showdown over Mayweather – McGregor Streaming Glitches Knocked out of District Court -
All boxing fan Victor Mallh ("Mallh" or "Plaintiff") wanted for the holidays this year was a chance to stand toe-to-toe with...more
12/22/2017
/ Appeals ,
Athletes ,
Boxing ,
Brand ,
Breach of Contract ,
Cable Television Providers ,
Class Action ,
Consumer Confusion ,
Lanham Act ,
License Agreements ,
Logos ,
Mandatory Arbitration Clauses ,
Retailers ,
Showtime ,
Sports ,
Terms of Use ,
Trademark Infringement ,
Trademarks
Eastern District Heavyweight Bout Ends in Stunning Trademark Technical Knockout -
Floyd Mayweather and Connor McGregor's late-August 2017 matchup may be the most highly anticipated boxing event in decades. But while "The...more
8/15/2017
/ Ambiguous ,
Breach of Contract ,
Cease and Desist ,
Imminent Harm ,
Inter Partes Review (IPR) Proceeding ,
IP License ,
Jury Verdicts ,
Lanham Act ,
Likelihood of Confusion ,
Patent Infringement ,
Patent Royalties ,
Patent Trial and Appeal Board ,
Patents ,
Preliminary Injunctions ,
Trademark Infringement ,
Trademarks ,
Ultimate Fighting Championship ,
Use in Commerce ,
USPTO ,
Wearable Technology
"12th Man" Suit Forces Aggies to Call an Audible on Traditional Copyright Defenses -
Texas A&M University's "12th Man" is at the center of a legal blitz facing the University's Athletic Department. On January 19, 2017,...more
6/29/2017
/ Books ,
Class Action ,
College Athletes ,
Copyright ,
Copyright Infringement ,
Eleventh Amendment ,
False Advertising ,
First Amendment ,
Football ,
Lanham Act ,
MGM ,
Misleading Impressions ,
Motion to Dismiss ,
Movies ,
Online Magazines ,
Personal Care Products ,
Settlement ,
Sovereign Immunity ,
Sports ,
State Universities ,
Trademark Infringement ,
Trademarks ,
Unfair or Deceptive Trade Practices
Premier League Takes the Pitch in Fight against Pirated Streams -
The United Kingdom's most popular soccer league is using skillful legal tackling to maintain possession of its intellectual property. The Football...more
4/14/2017
/ Confusingly Similar ,
Copyright Infringement ,
Domain Names ,
Football ,
Illegal Digital Downloads ,
Injunctions ,
Intellectual Property Protection ,
Internet Service Providers (ISPs) ,
IP License ,
Italy ,
Lanham Act ,
Lottery ,
Name and Likeness ,
Online Gaming ,
Patent Infringement ,
Piracy ,
Reputational Injury ,
Trademark Infringement ,
UDRP ,
UK ,
Unfair Competition ,
WIPO
In Partial Trademark Victory over Chinese Sportswear Company, MJ Posterizes Unauthorized User of Chinese Version of His Name -
In Game 3 of the first round of the 1991 NBA Eastern Conference playoffs between the New York...more
12/24/2016
/ Appeals ,
Basketball ,
Breach of Contract ,
Broadcasting ,
Burden of Proof ,
China ,
Coaches ,
College Athletes ,
Copyright ,
Counterfeiting ,
Damages ,
Declaratory Relief ,
Disgorgement ,
Federal Trademark Register ,
Football ,
Irreparable Harm ,
Lanham Act ,
Michael Jordan ,
Misappropriation ,
Negligent Supervision ,
Passing Off ,
Permanent Injunctions ,
Preliminary Injunctions ,
Sports ,
Statutory Damages ,
Supreme Peoples Court ,
Surviving Spouse ,
Trademark Infringement ,
Trademark Registration ,
Trademarks ,
Unfair Competition ,
Universities ,
Waiver of Liability ,
World Chess ,
Wrongful Death
800-Meter Champion Berian Eventually Outpaces Nike Endorsement Suit... Or Did He?
World 800-meter champion Boris Berian is seemingly capable of out-running just about anything these days. Berian is just a year removed...more
8/1/2016
/ Applications ,
Athletes ,
Bad Faith ,
Breach of Contract ,
Cease and Desist ,
Celebrity Endorsements ,
Coaches ,
Copyright Infringement ,
Copyright Litigation ,
Cybersquatting ,
Dilution ,
Improper Venue ,
Injunctive Relief ,
Insurance Litigation ,
Nike ,
Olympics ,
Public Schools ,
Reasonable Expectation of Privacy ,
Sponsors ,
Sports ,
Sports Apparel ,
Trademark Infringement ,
Underwriting ,
Willful Infringement ,
Wiretapping
California Court to PGA Tour Caddies: You'll Get Nothing and Like It!
As the full swing of the PGA season rounds the corner, and with the azaleas blooming at Augusta, the trusted confidants of golf's premier players...more
4/8/2016
/ Amazon ,
App Developers ,
Apple ,
Class Action ,
Consumer Product Safety Commission (CPSC) ,
Contract Interpretation ,
Dismissal With Prejudice ,
Golf ,
Google ,
Hoverboards ,
Induced Infringement ,
Product Defects ,
Right of Publicity ,
Samsung ,
Trademark Infringement