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Preemption › Athletes

Littler

Highlights of the Federal Proposals to Regulate NIL Deals

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The 2023 college football season ended in early January, and sports fans are eagerly anticipating the start of college basketball’s March Madness. Many are also anxious about the future of college sports, given the non-stop...more

Constangy, Brooks, Smith & Prophete, LLP

Ex-player’s “slip and fall” case against NFL, Chargers is preempted, court rules

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The CBA controls. EDITOR’S NOTE: A version of this post was previously published as an article in Hackney Publications’ Sports Litigation Alert. A federal court in California has granted a motion by the National...more

Sullivan & Worcester

The Right of Publicity: How Much Control Do NFL Players Have Over Their Names?

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How much control should athletes have over their names? Not an unlimited amount, according to one recent court ruling. Late last month, in Dryer v. National Football League, the Eighth Circuit denied an appeal by three...more

McDermott Will & Emery

NFL Players’ Right of Publicity Claims Denied - J. F. Dryer et al. v. The National Football League

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The US Court of Appeals for the Eighth Circuit affirmed a district court summary judgment in favor of defendants, denying plaintiffs’ publicity rights claims in footage and interviews made by the defendants and finding that...more

Dorsey & Whitney LLP

Former NFL Players’ Right of Publicity Claims Get Sidelined—Will We Hear From The Replay Officials?   

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In Dryer v. The National Football League, three former gridiron gladiators who played in the NFL had their claims for right of publicity under state law tossed out by the Eighth Circuit Court of Appeals. These three players...more

Fenwick & West LLP

Litigation Alert: 8th Circuit Clarifies Reach of Copyright Act in Preempting Right of Publicity Claims

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8th Circuit affirms summary judgment in favor of NFL on former NFL players’ right of publicity claim, finding the claim to be preempted by the Copyright Act. Courts around the country have long struggled to define and...more

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