Football

News & Analysis as of

Fantasy Sports Bill Proposed for Nevada

On August 23, 2016, the two largest daily fantasy sports (“DFS”) operators, DraftKings and Fan Duel, will be presenting their proposed Nevada daily fantasy sports legislation (the “Proposed Bill”) to the Nevada Gaming Policy...more

Massachusetts Becomes Ninth State to Legalize Daily Fantasy Sports

Massachusetts Governor Charlie Baker has signed into law a bill to legalize daily fantasy sports in the Commonwealth. Massachusetts is the ninth state to legalize daily fantasy sports, and the eighth to do so this year. The...more

New York Legalizes Daily Fantasy Sports

Governor Andrew Cuomo signed into law a bill to legalize daily fantasy sports in New York. This is the eighth state to legalize daily fantasy sports, and the seventh to do so this year. With the start of the NFL season just...more

Silas v. Home Box Office, Inc. - USDC, C.D. California, July 26, 2016

District court dismisses copyright infringement claim against creators of HBO’s television show “Ballers,” finding no substantial similarity between HBO’s show about retired football player who advises current players on...more

Colleges Hid Sports Brain Injury Risks

Four class action complaints claim that three different college athletic conferences, along with the NCAA did an inadequate job protecting football players from injury. In recent years, the danger posed by certain sports for...more

Court Rejects City’s Anti-SLAPP Claim Regarding Would-Be NFL Stadium in Carson

The location of several National Football League franchises have been in flux for years, with teams such as the Chargers, Raiders, and Rams seeking modern, amenity-laden stadiums they have been unable to attain in their...more

Media, Sport and Entertainment Intelligence - June 2016

Overview With the Olympics and the Euro Championship taking place this summer, it’s no surprise sport has been dominating the headlines. Whether it’s the reorganisation of the football league system or shirt sponsorships...more

Medical Records of NFL Players Taken in Theft of Unencrypted Laptop

A Washington Redskins trainers’ unencrypted laptop was located in a backpack that was stolen on April 15th. Unfortunately, the laptop contained medical exam results for NFL Combine attendees since 2004, which is estimated to...more

NFL tries to pull a fast one on funding for head-trauma research

What’s $30 million among friends? When the National Football League offered in 2012 to provide that sum to support concussion research by the National Institutes of Health, the conventional wisdom held that the sports...more

The Alarming Statistics Behind TBI

Traumatic Brain Injuries, long known as a threat to athletes on the playing field also represent a serious threat in auto accidents, so talk to a Chicago accident attorney in the aftermath of a crash....more

Deflategate Update

An appeals court recently reinstated the four game suspension issued to Tom Brady by the National Football League. The Patriots quarterback previously had his four game suspension reversed by the United States District Court...more

In re Tam Redux Redux: Redskins Petition for Certiorari, Trying to Skip 4th Cir.

In response to the United States Patent and Trademark Office’s (“USPTO”) petition for writ of certiorari in to the U.S. Supreme Court In re Tam (“THE SLANTS” case), the owners of the Washington Redskins filed their own...more

Laremy Tunsil’s Draft Slide May Result in Criminal or Civil Liability

If you watched the first round of the NFL Draft, the big story was the sliding of Ole Miss offensive tackle Laremy Tunsil out of the top five to number 13. As the draft was unfolding, someone released a video of him smoking...more

Of Slants, Skins And Signs: The March To The Supreme Court

This week saw developments in the two cases challenging the application of Section 2(a) of the Lanham Act to their registration: In re Tam and Blackhorse v. Pro Football, Inc....more

Deflategate for Labor Lawyers Revisited: 2nd Circuit Reinstates Brady Suspension and Reaffirms Judicial Deference to Arbitration

The United States Court of Appeals for the Second Circuit has reinstated the four game suspension imposed by the NFL on New England Patriots quarterback Tom Brady for his role in the infamous “Deflategate” scandal. This...more

TTAB Retreats From Precedential Houndstooth Mafia Decision

Trademark proceedings are contentious proceedings, but the battle for registration of the HOUNDSTOOTH MAFIA trademark has been largely overshadowed by the now-ended dispute between the Trademark Trial and Appeal Board (TTAB)...more

New Class Action Filed Challenging NCAA’S Scholarship Caps and Transfer Rules

In the latest chapter in the litigation wars against college athletics, on March 8, 2016, another antitrust class action was filed against the NCAA in its “home court,” the United States Southern District of Indiana. This...more

8th Circuit Finds Copyright Act Preempts State Right Of Publicity Of Professional Athletes

In a recent case, Dryer v. Nat’l Football League, No. 14-3428, 2016 WL 761178 (8th Cir. Feb. 26, 2016), former National Football League (“NFL”) players (the “Players”) sued the NFL over the use of their name, image, voice,...more

New Game Plan: Federal Circuit Decision May Revive “Redskins” Trademarks

Federal Circuit finds that barring the registration of disparaging trademarks is unconstitutional, creating potential running room for the Washington Redskins. An appeal of the 2014 decision to cancel the REDSKINS...more

Dryer v. The National Football League (USCA, Eighth Circuit, February 26, 2016 )

In action involving films produced by NFL containing historical game footage, Eighth Circuit affirms summary judgment in favor of NFL, holding that former players’ right of publicity claims are pre-empted by Copyright Act,...more

Protecting Young Athletes from Head Injuries

The National Football League (NFL) recently announced that the number of diagnosed concussions increased by almost 32 percent this past season. This comes as a surprise after the previous two years showed a decrease in...more

You Should Know - February 2016

Litigation Forces NFL to Better Protect Players - Hail to Our Growing Awareness of Traumatic Brain Injury - Will Smith’s portrayal of Dr. Bennet Omalu in the film Concussion has again sparked dialogue about the...more

Federal Circuit Decision Signals Game Not Over for Washington Redskins Trademark

In a decision that should bring some comfort to the fans of the Washington Redskins football team, the U.S Court of Appeals for the Federal Circuit in In Re Simon Shiao Tam declared unconstitutional Section 2(a) of the Lanham...more

Play Under Review: USC Football Coach Wanted Mid-Season Timeout for Alcoholism

At the beginning of last year's college football season, many folks had high expectations for the University of Southern California Trojans and the team's second-year head coach, Steve Sarkisian. Instead, USC ended the season...more

Rhode Island AG says Fantasy Sports is Legal but Should Be Regulated

Attorney General Peter F. Kilmartin has found that daily fantasy sports are currently legal under Rhode Island law. Kilmartin also strongly advised the Legislature to establish regulations to protect Rhode Island players....more

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