K&C Sports & Entertainment Law Weekly Roundup - August 2024 #4

Sports:

• Floyd Mayweather finds himself deep into a lawsuit, as fraud and theft claims have been put against his name. The American boxer and rapper Tyga are now part of a suit by Leonard Sulaymanov, who has alleged the non-payment of multiple jewelry items, dating back to late June 2021. Sulaymanov, who owns Lenzo & Co, filed the suit in Miami federal court on August 23 under the Racketeer Influenced and Corrupt Organization (RICO) Act, where the counts include fraud, civil conspiracy, breach of contract, civil theft, and other charges. Floyd Mayweather Sued for $4 Million in Non Payment by Luxury Watch Dealer, Rapper Tyga Roped In – Essentially Sports

NCAA

• Faizon Brandon, a five-star quarterback and the No. 1-ranked prospect in the Class of 2026, is suing the North Carolina State Board of Education over its ban of endorsement deals for student-athletes of public high schools. Faizon’s mother, Rolanda Brandon, is joining him in the lawsuit. Top recruit Faizon Brandon sues North Carolina State Board of Education over ban of endorsement deals – CBS Sports
• Members of the 1983 North Carolina State basketball championship team, known as the Cardiac Pack, have added CBS and TNT to their lawsuit alleging their name, image and likeness were exploited by the National Collegiate Athletic Association and others to garner untold amounts during March Madness without the players seeing a dime. NC State ’83 Basketball Champs Add TV Networks To NIL Suit – Law360
• The union representing Dartmouth College men’s basketball players who voted to unionize last March has accused the college of bargaining in bad faith. Union files complaint against Dartmouth over hoops unionization – Yahoo News

MLB

• A woman who was shot in the leg during a White Sox game last year is suing the team and the Illinois agency that owns Guaranteed Rate Field. Woman shot at White Sox game sues team and stadium authority – AP

NFL

• The NFL Players Association filed a lawsuit in federal court against DraftKings alleging breach of contract and approximately $65 million owed to the union. DraftKings is an official betting partner of the NFL. NFLPA Sues DraftKings for $65 Million Over NFT Deal – Front Office Sports
• The National Football League owners have allowed some private equity firms to buy up to a 10% stake in a team, the NFL said on Wednesday. NFL owners approve rule allowing portion of franchise to be sold to private equity firms – USA Today
• Fanatics refiled its lawsuit against Arizona Cardinals rookie wide receiver Marvin Harrison Jr. late last week, expanding it to include fraud allegations against his father, Marvin Harrison Sr. Fanatics names Marvin Harrison Jr.’s father in refiled lawsuit – ESPN

NBA

• A woman suing three NBA players and the Boston Celtics over claims the athletes sexually assaulted her won’t get a default win against one of the players, a Massachusetts federal judge ruled on Thursday. Tatum Avoids Default Loss In Sexual Assault Suit Vs. Celtics – Law360

Entertainment:

MUSIC & COMEDY

• The Estate of Isaac Hayes and Isaac Hayes Enterprises LLC sued Donald Trump and his allies for misusing the famous songwriter’s “Hold On (I’m Coming)” after the presidential candidate didn’t adhere to demands to take down all references to the song. Singer Isaac Hayes’ family sues Trump for “Hold On, I’m Coming” use (axios.com)
• The brother of the late singer of the Ramones accused the widow of another band member of using the punk band’s trademarks without authorization, the latest entry in an ongoing courtroom fight between the two. Ramones Legal Fight: New Lawsuit Says Johnny’s Widow Infringes Band IP (billboard.com)
• An OR federal judge has dismissed, for now, a suit against Adidas AG, accusing the company of failing to disclose the potential damage caused by its partnership with musician Ye, formerly known as Kanye West, following allegations that the artist made antisemitic comments, saying none of the corporate statements challenged as misleading in the suit are actionable. Adidas Beats Class-Action Lawsuit by Investors Over Kanye West Deal (billboard.com)
• 10 additional states have joined the DOJ’s civil antitrust lawsuit against Live Nation and Ticketmaster for violations of the Sherman Act. Live Nation Lawsuit Refiled by DOJ With 10 More U.S. States on Board (billboard.com)
• Cox Communications and music publishers led by Sony Music Entertainment have petitioned SCOTUS to review a 4^th Circuit ruling — with music companies asking for clarity on the scope of liability for internet service providers for online piracy and Cox asking whether it can be responsible for copyright infringement for merely providing an internet connection. Cox asks US Supreme Court to overturn piracy ruling for major labels | Reuters
• A group of comedians, including Lewis Black, George Lopez, and Ron White, that licensed their routines has urged a CA federal judge to grant it partial summary judgment against Pandora Media LLC for copyright infringement on the same day that the company argued it should come out on top because it has implied “pass-through licenses” to broadcast those routines. Comedians Duel With Pandora For Joke Copyright Victories – Law360
• Rapper I. can’t block MGA Entertainment from questioning his customer witnesses’ motivations to testify at the upcoming intellectual property retrial over the company’s L.O.L. Surprise! doll line, and he likewise is barred from raising questions of cultural appropriation in that context, a CA federal judge ruled. T.I. Can’t Bar Witness Motivation Questions At Doll IP Retrial – Law360

FILM & TELEVISION

• A NY state judge declined to dismiss actress Julia Ormond’s claims against The Walt Disney Co., its subsidiary Miramax Film NY LLC and Creative Artists Agency LLC over an alleged sexual assault by disgraced film executive Harvey Weinstein. Julia Ormond Can Sue CAA and Disney Over Harvey Weinstein Assault (variety.com)
• A NY federal judge said that the fair use exception to copyright law is fatal to former U.S. Rep. George Santos’ suit against ABC and Jimmy Kimmel over video clips that the late-night TV show host tricked the ex-congressman into making. George Santos Loses Lawsuit Against Jimmy Kimmel Over Cameo Videos (variety.com)
• Media executive Edgar Bronfman Jr. has dropped his reported $6 billion bid to buy Paramount Global just days after the offer was disclosed, opening a path for Paramount to close its merger agreement with Skydance Edgar Bronfman drops Paramount bid, clearing path for Skydance deal | Reuters
• MasterClass violated a federal video-privacy law by sharing customers’ personal information and viewing records with third parties, according to a proposed class action. MasterClass Hit With Video-Privacy Suit Over Meta Data Sharing (bloomberglaw.com)
• Roku is telling SCOTUS that the U.S. International Trade Commission doesn’t have the power to ban the import of patent-infringing software if those patents only have a limited connection to products on sale in the market. Roku Takes Dispute Over ITC Powers To Supreme Court – Law360

MEANWHILE, IN HOLLYWOOD…

• After public backlash, Disney has withdrawn its claim that a man could not sue it over the death of his wife because of terms he signed up to in a free trial of Disney+. Disney axes bid to stop wrongful death lawsuit over Disney+ terms (bbc.com)
• Retired NFL player Michael Oher, whose life story inspired the Oscar-winning film The Blind Side, has spoken out for the first time following his lawsuit against the Tuohy family. Michael Oher speaks out amid legal battle with the Tuohy family – Los Angeles Times (latimes.com)
• Disney and Lucasfilm want the 9^th Circuit to weigh whether the First Amendment protects an artistic organization’s right to control casting decisions, urging a CA federal court to let it immediately appeal an order that allowed a former Star Wars actor’s political bias lawsuit to move forward. Disney Seeks 9th Circ. Appeal In ‘Star Wars’ Actor’s Firing Suit – Law360
• A tattoo artist failed to overturn an OH federal jury’s verdict finding Take-Two Interactive Software Inc. didn’t infringe his copyrights by depicting his work on LeBron James in its NBA 2K video game series. LeBron Tattoo Artist Denied New Copyright Trial Over Video Game (bloomberglaw.com)