Football

News & Analysis as of

For the Redskins, NFL Playoff Season Means. . . Constitutionality Questions?

The NFL playoffs aren’t the only big football news happening this month! The U.S. Department of Justice recently decided to intervene in the Washington Redskins trademark litigation over the constitutionality of certain...more

The NFL’s Super Bowl Trademark Nonsense

It’s that time of year again. Time to tiptoe around and avoid use of or make any reference to the Super Bowl. Whoops. Anyway, we’ve discussed this phenomenon before...more

The Patriots, the NFL and Compliance

You knew it was coming. No, not a Cialis-themed blog post, but close enough, ‘Deflategate’ and the compliance angle. In honor of this weekend’s Super Bowl it is certainly worth considering. You might think with all that is...more

Super Bowl or Bust: Can Employees Gamble on the Big Game?

It is estimated that the 100 million dollars in wagers that Nevada sports books accepted for the 2014 Super Bowl accounted for just 1% of all Super Bowl betting last year; and the total amount of money wagered on the upcoming...more

Don’t Even Think About Advertising a SUPER BOWL Party!

As we all know, Super Bowl XLIX will be played this Sunday in Phoenix, Arizona between the defending Champion Seattle Seahawks and the New England Patriots. There will be events of all kinds organized all around the country...more

Davis: Electronic Arts Gets a New Set of Downs and Still Can’t Score

Just over a month ago I wrote about the Davis v. Electronic Arts matter that was pending before the Ninth Circuit Court of Appeal.  Specifically, I opined that the matter was ripe for Supreme Court review in light of the...more

USA: Ninth Circuit Rejects EA’s “Incidental Use” Defense in Madden-Related Right of Publicity Suit

On January 6, 2015, the Ninth Circuit decided that Electronic Arts Inc.’s (“EA”) unauthorized use of former NFL players’ likeness as avatars in the Madden NFL video game series does not qualify for First Amendment protection....more

Playing “I-Spy” in the NFL Deflate-Gate Is No Different than the Workplace

Since I am married most of the year to a Football junky, I could not help but be drawn into the recent deflate-gate drama in which the NFL game-day footballs Tom Brady used in the Patriots game to defeat Baltimore, were...more

Davis v. Electronic Arts: Another Right of Publicity Loss for Media Companies

On January 6, 2015, Electronic Arts, Inc. (“EA”), maker of Madden NFL video games, lost its appeal to dismiss claims by approximately 6,000 retired professional football players in Michael Davis, et. al v. Electronic Arts,...more

Seahawks or Patriots – Do Employers Care?

I certainly don’t really care. My Cowboys ended their year a couple of weeks too early (yes, that was a catch). However, many people do care, for various reasons. There is, of course, the football game itself and the rooting...more

Davis v. Electronic Arts Inc. - USCA, Ninth Circuit, January 6, 2015

In Depth - Ninth Circuit affirms district court’s denial of EA’s anti-SLAPP motion, finding that EA did not show probability of prevailing on its incidental use defense because EA’s use of images of former NFL players...more

Singular Iconic Non-Verbal Logo Silhouettes?

We’ve spilled a fair amount of digital ink discussing the power of non-verbal logos, especially the few iconic ones that can truly stand alone as silhouettes and need no color or words to convey their unique singularity...more

College Football Crowns an Undisputed Champion; But Rights to the Trademark COLLEGE FOOTBALL PLAYOFF Remain In Dispute

This has been an exciting week in Buckeye Nation – The Ohio State University’s football team won the first-ever college football national championship determined by a playoff system, defeating the Oregon Ducks 42 to 20. It...more

The US Department of Justice Seeks to Intervene in the Washington Redskins’ Trademark Suit to Defend the Constitutionality of the...

The Washington Redskins professional football team will soon not only be battling Native Americans over the registrability of the REDSKINS trademark, but will also have to cross swords with the US Government. Last week, the...more

At Least the Court Didn’t Blow This Call . . . Thoughts on the Oklahoma City High School Football Case

It’s not exactly a decision in the intellectual property sphere, but a recent ruling by a judge in Oklahoma City, Oklahoma related to a botched call in a high school football game deserves to be called-out for praise....more

College Football’s Annual Bonus Program

For a college football fan, it’s the most wonderful time of the year. Fresh off conference championships and the Heisman Trophy presentation, momentum is building to New Year’s Day and the shining star atop the tree—kickoff...more

The College Football Playoff™ college football playoff

This past Sunday, the College Football Playoff Committee unveiled the four college football teams that will be participating the very first playoff in college football. The festivities begin Jan. 1, 2015, with Oregon battling...more

Social media boosting college football popularity

Harris Poll, a company that has asked adult fans to identify their favorite sport each year since 1985, recently reported that professional football is the most popular sport in America — for the 30th year in a...more

Student Health & Safety and Discipline Related Legislative Changes

This update of student health & safety and discipline related legislative changes is issued by Kronick as part of a series of Legal Alerts about new education related laws from this latest 2014 legislative session. All laws...more

Player Eligibility Above Academic Integrity? Ways to Avoid UNC-Chapel Hill’s Academic Scandal

An independent investigation of the African and Afro-American Studies (AFAM) Department at the University of North Carolina at Chapel Hill suggests that this prestigious institution placed player eligibility above academic...more

Trademark Misperceptions Revealed By Reaction to Redskins Decision

I can’t define disparagement, but I know it when I see it… On Wednesday, June 18, 2014 the Trademark Trial and Appeal Board, the judicial body that provides review to all Federal trademark filings and disputes relating...more

NFL Concussions: Impact on Traumatic Brain Injury Litigation

With the recent high profile NFL concussion litigation, traumatic brain injury ("TBI") cases have received a great deal of notoriety from the press and the public. Where this injury used to be spoken of by doctors and...more

Of Football and Business Litigation: Tweaking the Rules for a More Satisfying Contest

It’s a great time of the year, in large part because one of my favorite pastimes is watching football, usually with my teenage son, an avid fan as well as a high school football player. A few weeks ago, when a game was...more

Paul Watler Speaks: Old-School Investigative Sports Reporting: Still Relevant After All These Years

As a young lawyer in 1985, a case came my way that combined several passions: college football, newspaper journalism and the First Amendment. I was the associate attorney assigned to help apply legal muscle in support of our...more

Switcheroo

Long suffering Vikings fans–a population of which I am a proud/depressed member–received emotionally confusing news earlier this week. Adrian Peterson, scourge of the NFL, pled out of his felony child abuse case for a lesser...more

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