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NCAA Settles Concussion Class Action Lawsuit

On July 29, 2014, the NCAA and representatives of college athletes announced an agreement to settle a concussion class action lawsuit that came on the heels of a similar lawsuit against the NFL. The settlement will need to...more

Imputations- jury decides whether ‘the antidote has overcome the bane.’

The New South Wales Court of Appeal recently handed down judgment in the matter of Corby v Allen & Unwin Pty Ltd. In this case Rosleigh Jill Rose, Michael Corby Junior and Mercedes Pearl Esma Corby (‘the Appellants’)...more

Doping tests and privacy rights in Spain: a key court decision

No one can deny that, over the last decade, Spain has taken the fight against Sports’ doping networks very seriously. In 2006 and 2013, two demanding laws for the health protection of federated sportsmen and the prosecution...more

Defamation Claim Against HBO Sports Documentary Proceeds; International Sporting Goods Supplier Not a Public Figure

On May 16, 2014, in Mitre Sports v. HBO, the Southern District of New York allowed a defamation claim brought by a UK company against HBO to proceed to trial. In doing so, the Court ruled that Mitre Sports International, one...more

Court Won’t Reconsider Prior Ruling in NCAA Class Action

On May 12, 2014, the National Collegiate Athletics Association (NCAA) lost its motion for leave to file a motion for reconsideration of a prior ruling, which barred the NCAA from arguing at trial that not paying...more

Busting Brackets: District Court Rejects NCAA’s Summary Judgment Motion and Allows Student-Athletes’ Suit for Publicity...

Nearly five years into the lawsuit, a District Court denied defendant NCAA’s summary judgment motion, and ordered that the antitrust claims of current and former student-athletes denied compensation for the commercial use of...more

Cyberlaw: Of Athletes And Video Games

Can a video game company use an athlete’s likeness in a game without his or her permission? The answer is maybe. The Ninth Circuit recently rejected Jim Brown’s Lanham Act Section 43 claim against Electronic Arts, Inc....more

Liability Insurer May Have to Cover Knockoff Jewelry Site for Allegedly Violating Reese Witherspoon’s Right of Publicity

Have you always wanted to own “The One Ring to Rule Them All” of Lord of the Rings fame? Do you dream of an engagement ring just like Kate Middleton’s? Your dreams can come true with a visit to Emitations.com, a website...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - January 27, 2014

Moore v. Lightstorm Entertainment, USDC, D. Maryland, January 17, 2014 - District court grants summary judgment dismissing screenwriter’s copyright infringement claims against producers of motion picture Avatar,...more

Injunctive Relief, but not Damages Class, Certified in NCAA Student-Athlete Litigation

In In re NCAA Student-Athlete Name & Likeness Licensing Litigation, 2013 U.S. Dist. LEXIS 160739 (N.D. Cal. Nov. 8, 2013) (Wilken, J.)., the Court certified a class of current and former student-athletes seeking injunctive...more

Gaming Legal News - October 2013 • Volume 6, Number 23

In This Issue: - WAR GAMES IN WISCONSIN (2013 STYLE): Wisconsin is home to 11 recognized Indian tribes. It is a fact that 11 tribes will not unanimously agree on all issues. It also is a fact that not all issues...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- October 24, 2013

Lewis v. Activision Blizzard, USDC, N.D. Cal, October 17, 2013 - District court grants summary judgment against former employee “game master” of defendant videogame company, finding that sound recordings of employee...more

Balancing Freedom Of Expression And The Right Of Publicity: Implications For The Future Of Interactive Entertainment

Freedom of expression bowed to the right of publicity on July 31, 2013, when a divided panel at the Ninth Circuit ruled that college athletes could proceed in litigation against Electronic Arts (“EA”) for making sports-based...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- September 27, 2013

Capitol Records, LLC v. Vimeo, LLC, USDC, S.D.N.Y., September 18, 2013 - District court grants in part and denies in part video-sharing website’s summary judgment motion for safe harbor protection under the DMCA for...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- August 9, 2013

Brown v. Electronic Arts, Inc., USCA, Ninth Circuit, July 31, 2013 - Ninth Circuit affirms dismissal of NFL great Jim Brown’s Lanham Act claim against video game developer Electronic Arts, Inc., concluding that Rogers...more

Three Point Shot - Summer 2013

With very special thanks to our summer associates Elizabeth Horan (Case Western), Erica Esposito (Harvard), Joshua Espinosa (NYU), Bryce Johnston (Georgetown), Ryan Harris (NYU), and Alex Rosen (Harvard), the Proskauer Sports...more

Litigation Alert: Ninth Circuit Assesses Use of Player Likenesses in Video Games

On Wednesday, July 31, 2013, the Ninth Circuit issued two opinions assessing the parameters of use of individual player likenesses in video games in two highly watched cases...more

Jim Brown's Right Of Publicity Claim Revived By Keller Victory On Appeal

A Ninth Circuit panel decision issued on July 31, 2013, has revived NFL legend Jim Brown's state law right of publicity claims against video game maker Electronic Arts, Inc. ("EA"). Back in March 2009, Brown filed an action...more

Insurance Recovery Law -- Jul 26, 2013

Three Wins and A New Rule - In this edition of the Manatt newsletter, we take a look at several new cases that examine an array of important insurance issues. First, though, we report an important victory for...more

Super Bowl Ticketholders Denied Bid for Class Certification

A group of Super Bowl XLV ticketholders recently lost their bid in federal court in Texas for class certification of their lawsuit arising from problems with temporary seating at the event....more

Business Litigation Report -- May 2013

In This Issue: Firm News: ..Quinn Emanuel to Open Sydney Office ..Firm Expands Mass Torts and Products Liability Practice ..Susheel Kirpalani Named a 2012 “Dealmaker of the Year” by The American...more

Leggo My Likeness, Part Four

There are so many fun things you can do with celebrities. In addition to the traditional things like writing books about them, you can also use their catchphrases to make greeting cards; make movies about them using puppets;...more

Electronic Arts Takes One In The Kisser

For some time now, Electronic Arts–purveyor of sports video games–has been embroiled in disputes relating to using the likenesses of former college athletes without providing them appropriate remuneration. There has been the...more

Third Circuit Reverses Summary Judgment In Favor of Video Game Maker In Important Right of Publicity Case

In a much-anticipated opinion, the Third Circuit Court of Appeals yesterday reversed a New Jersey lower court decision granting summary judgment in favor of video game giant Electronic Arts against putative class...more

NFL Concussion Lawsuits in Philadelphia

Earlier this month, a federal court in Philadelphia heard arguments about concussions in the National Football League (NFL). More than 4,100 plaintiffs, who are part of 222 consolidated lawsuits, are at the beginning of the...more

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