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
9/16/2019
/ Consent Order ,
Declaratory Judgments ,
Enforcement Actions ,
Event Tickets ,
First Amendment ,
Gross Negligence ,
Labor Code ,
Law Enforcement ,
Online Commentary ,
Public Forum ,
Ticket Pricing ,
Tortious Interference ,
Vicarious Liability
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
7/9/2019
/ Anti-Doping Issues ,
Athletes ,
Attorney's Fees ,
Class Action ,
Class Certification ,
Consumer Protection Laws ,
Copyright ,
Copyright Infringement ,
Fair Use ,
Fitbit ,
Intellectual Property Protection ,
IP License ,
Motion to Dismiss ,
Music Industry ,
NFL ,
Sports ,
Summary Judgment ,
Super Bowl ,
Ultimate Fighting Championship ,
USADA
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...
Topgolf...more
5/28/2019
/ Acquisitions ,
Antitrust Injuries ,
Antitrust Violations ,
Copyright ,
Denial of Certiorari ,
Golf ,
Gym Memberships ,
Indemnification Clauses ,
Intellectual Property Protection ,
License Agreements ,
Membership Agreements ,
Nike ,
Patents ,
Sports
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
3/4/2019
/ Assumption of the Risk ,
Attorney's Fees ,
Breach of Warranty ,
Class Action ,
Hockey ,
Jury Trial ,
Jury Verdicts ,
Negligence ,
Product Defects ,
Settlement Agreements ,
Sports ,
Sports Injuries
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
In Three Point Shot, we will attempt to both inform and entertain you by highlighting three sports law-related items and providing you with links to related materials. We hope you enjoy this and future issues. Any feedback,...more
8/3/2018
/ Consumer Confusion ,
Copyright ,
Copyright Infringement ,
Federal Aviation Administration (FAA) ,
Football ,
Gross Negligence ,
Indemnification ,
Inherently Dangerous Activities ,
Sports ,
Trademark Application ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks
On May 14, 2018, the U.S. Supreme Court issued its long-awaited decision in Murphy v. NCAA, which struck down as unconstitutional a federal statute that banned states from authorizing sports gambling. Just 28 days later, on...more
Can a High School Football Coach Say a Hail Mary after a Hail Mary?
High school football coach Joseph Kennedy was not instructing his quarterback to take a knee in victory formation to run down the clock. Instead, in an...more
4/12/2018
/ Appeals ,
Athletes ,
Attorney's Fees ,
First Amendment ,
Football ,
Patent Litigation ,
Religious Accommodation ,
Royalties ,
School Sports ,
Sports ,
Title VII ,
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
On August 25th, 2017, in a convincing knockout, a federal judge in Los Angeles dismissed dozens of lawsuits against Manny Pacquiao and Floyd Mayweather alleging Pacquiao's concealed shoulder injury impacted the quality of...more
10/17/2017
/ Appeals ,
Arbitration ,
Australia ,
Boxing ,
Caveat Emptor ,
Chapter 7 ,
Class Action ,
Consumer Fraud ,
Fee Disputes ,
Fraudulent Concealment ,
High Court of Australia ,
Manny Pacquiao ,
Misleading Impressions ,
Ponzi Scheme ,
Refunds ,
Spectator Sports ,
Supreme Court of New South Wales ,
Transparency ,
Underfunded Plans
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
Ski Manufacturer Chills Bode Miller's Comeback -
World champion skier and six-time Olympic medalist Samuel "Bode" Miller had his eye on coming out of retirement for the 2016-17 season before a contract dispute with his...more
2/13/2017
/ Athletes ,
Cease and Desist Orders ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Doping ,
Golf ,
Golf Courses ,
Hiring & Firing ,
Insurance Industry ,
Libel ,
Motion to Dismiss ,
Personal Jurisdiction ,
Restrictive Covenants ,
Soccer ,
Sponsorship Agreements ,
Sports ,
Summary Judgment ,
Sweden ,
Termination ,
Underwriting
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
Who's First in Ownership of the "Sweet Spot" Remains Unclear -
Baseball is often called a "game of inches," whether one is describing the strike zone, a close play at the plate, or a liner past third base that just kicks...more
11/10/2016
/ Advertising ,
Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitration Award Challenges ,
Athletes ,
Baseball ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Dismissals ,
Exculpatory Clauses ,
Fitness ,
Franchises ,
Gym Memberships ,
Indemnification Clauses ,
Judicial Deference ,
Judicial Review ,
Lack of Authority ,
Membership Agreements ,
Patent Infringement ,
Patent Invalidity ,
Patents ,
Pre-approval ,
Prior Art ,
Release of Liability ,
Reversal ,
Settlement ,
Soccer ,
Sports ,
Waiver of Liability
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
Showtime and Top Rank Slug It out over "Fight of the Century" -
Who said boxing was dead?
Fight fans still bitter over the May 2015 Floyd Mayweather–Manny Pacquiao bout that was far more mega-bore than mega-brawl...more
6/23/2016
/ Attorney's Fees ,
Boxing ,
Breach of Contract ,
Cable Television Providers ,
Chapter 11 ,
Class Action ,
Commercial Bankruptcy ,
Conflicts of Interest ,
Damages ,
Dismissals ,
False Endorsements ,
FRCP 9(b) ,
Indemnification ,
Injunctive Relief ,
Lanham Act ,
License Agreements ,
Manny Pacquiao ,
Multidistrict Litigation ,
Right of Publicity ,
Samsung ,
Showtime ,
Sports ,
Unjust Enrichment ,
World Cup
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
Copyright Suit Alleges Huckabee Campaign Lacks "Eye of the Tiger" -
Mike Huckabee's poor performance in the Iowa caucuses – leading to his subsequent withdrawal from the race – isn't his only concern lately....more
2/29/2016
/ Celebrity Endorsements ,
Consent ,
Copyright Infringement ,
Data Protection Authority ,
Data Retention ,
EU ,
Fair Use ,
Kim Davis ,
Mobile Apps ,
Netherlands ,
Nike ,
Non-Compete Agreements ,
Personal Data ,
Political Campaigns ,
Popular ,
Social Media ,
Wearable Technology
Keep Off the (Patented) Grass -
Maintaining a beautiful lawn usually requires a lot of work, unless you are friends with Edward Scissorhands or install a "Brady Bunch" lawn of artificial grass instead. Installing...more
12/14/2015
/ Contempt ,
Copyright Infringement ,
Lanham Act ,
Lululemon ,
Patent Infringement ,
Petition For Rehearing ,
Photographs ,
Preliminary Injunctions ,
Sports ,
Sports Apparel ,
The Copyright Act ,
Unfair Competition
Jockeying for Dollars: Kentucky Downs Faces Two Lawsuits over Betting Machines -
And they're off ... to the United States District Court for the Western District of Kentucky. One of the country's premier racetracks,...more
"Wild Thing" Forced to Tap Out in Battle against ESPN - Last month, the Eighth Circuit Court of Appeals forced former professional wrestler Steve "Wild Thing" Ray to tap out in his battle against ESPN by dismissing the...more
6/2/2015
/ Appeals ,
Barry Bonds ,
Broadcasting ,
Cable Television Providers ,
Copyright ,
Copyright Infringement ,
Criminal Prosecution ,
ESPN ,
HBO ,
Infringement ,
Right of Publicity ,
Showtime ,
Sports ,
Wrongful Conviction
Will Johnny Be Good, or Will Name Games Go up in Flames?
Johnny Gaudreau, left wing for the Calgary Flames, is attempting to high-stick potential interlopers by locking up rights to his now-popularized nickname – Johnny...more
3/9/2015
/ Advertising ,
Athletes ,
Brand ,
Class Action ,
Copyright ,
Copyright Infringement ,
Damages ,
Fantasy Sports ,
Federal Trademark Register ,
Gifts ,
Lanham Act ,
Logos ,
Michael Jordan ,
Nike ,
Terms of Use ,
Trademarks ,
Unfair or Deceptive Trade Practices ,
USPTO
Florida Broker Denied Assist in Argentine Soccer Media Rights Deal -
2014 has been a decent year for soccer – ahem, fútbol – in Argentina. An Argentine club team (San Lorenzo) won the 2014 Copa Libertadores, South...more