Football

News & Analysis as of

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

FIFA Seeks to Collect Millions as Victim in U.S. Case

On March 15, FIFA filed a Victim Statement and Request for Restitution (Statement) with the DOJ seeking a portion of the hundreds of millions of dollars that authorities could collect from the former FIFA employees who...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

New York Jets Settle Cheerleaders’ Wage Lawsuit

Last week, a New Jersey state judge approved a $324,000 settlement between the New York Jets (the “Jets”) and 52 female cheerleaders stemming from a class action lawsuit seeking unpaid wages and reimbursement of work-related...more

Protecting Young Players from Head Injuries

Playing sports is a great way to improve a child’s health and enhance their athletic skill. While competition can be exciting and enjoyable, it can also be rather dangerous. Each year thousands of young players are injured...more

Intercepting Office Pool Liability – What Do Employers Have to Lose by Permitting Super Bowl Related Gambling?

Super Bowl 50 kicks off this Sunday and promises to be the most wagered-on sporting event of the year. March Madness, Super Bowl, and Fantasy Football pools have become ingrained in the American workplace and seem harmless to...more

Schneiderman Seeks to Sack NFL’s Minimum Ticket Resale Prices

New York Attorney General Eric Schneiderman is reportedly investigating the National Football League for antitrust violations in connection with its imposition of “price floors” on tickets for resale. In a 40-page report...more

Super Bowl Sunday: No drone zone

The Federal Aviation Administration (FAA) released a youtube video on Wednesday letting drone operators know that the air above Levi’s Stadium in San Francisco is off limits on Super Bowl Sunday. Labeled a “No Drone Zone,”...more

St. Louis Rams’ Relocation to Los Angeles Sets Stage for Colossal Stadium Naming Rights Agreement

On Tuesday, January 12, the NFL owners voted 30–2 to formally approve the relocation of the St. Louis Rams to Los Angeles, which concluded a hostile, multiple-year-long review process that ultimately deprives the city of St....more

Brandmarking: Taylor Swift’s Excellent Brandmarking Adventure - March 2015 - Volume 4, Number 2

Taylor Swift’s Excellent Brandmarking Adventure - Making a splash is more or less what pop stars and other celebrities do for a living. But not many of them do it by applying for federal trademark registrations....more

The biggest surveillance and national security event of the year: Super Bowl 50

While you are dipping chips and pulling apart BBQ wings, over 60 federal, state and local law enforcement agencies will be combining their efforts to survey the nearly one million people who will travel to the San Francisco...more

Film shines light on brain injury

A new movie starring Will Smith is bringing greater focus to the dangers of football and the risk of traumatic brain injury that football players face. The film is the true story of Dr. Bennet Omalu, a pathologist who...more

Penn Team Furthers Understanding of How Concussion Can Cause Permanent Injury

On January 16, 2016 the University of Pennsylvania announced the findings of a unique team studying concussion science, consisting of a professor of materials science and engineering and a professor of neurosurgery (also...more

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