K&C Sports & Entertainment Law Weekly Roundup - April 2024

Sports:

NCAA

• The NCAA and the Power 5 conferences have told a CA federal judge that the “highly varied and diverse ways” schools compensated athletes after the 2021 Alston Supreme Court decision make it implausible to certify the class suing for past compensation — saying plaintiffs have chosen to “simply ignore all of this complexity.” The proposed class, led by former Oklahoma State University football player Chuba Hubbard, is seeking certification for tens of thousands of former college athletes who claim they were denied hundreds of millions of dollars in compensation from the years before and after the Alston ruling overturned the NCAA ban on such awards. NCAA Argues Certification Of Alston Payout Class Too Complex – Law360

MLB

• Faced with growing attention over a theft and gambling scandal, baseball superstar Shohei Ohtani adamantly denied betting on any sport or paying a bookie and placed the blame for the improprieties squarely on his former interpreter who the twice MVP alleged was stealing money from his account. Shohei Ohtani says he never participated in any sports gambling and accuses interpreter of ‘stealing money’ – CNN
• Federal prosecutors unsealed an insider trading indictment against three current and former minor league baseball players, including a Valhalla High School graduate drafted by the Tampa Bay Rays, accusing them of illegally making about $189,000 off Jack in the Box‘s 2021 acquisition of Del Taco. Minor league baseball players charged in San Diego with illegally profiting off fast food merger – The San Diego Union-Tribune

NFL

• Police are searching for Kansas City Chiefs wide receiver Rashee Rice in their investigation of a major accident in Dallas, according to the Dallas Morning News. Citing law enforcement officials, the Dallas Morning News reported that a vehicle that is believed to be registered to or leased to Rice was involved in a crash in northeast Dallas at around 6:20 p.m. local time Saturday. Report: Police searching for Rashee Rice due to major accident – ESPN

NBA

• NBA superstar Giannis Antetokounmpo has dropped his WI federal court lawsuit against luxury bed-maker Maree Inc., which he had accused of fraudulently scheming to mislead customers into thinking he had endorsed its products when he had not. NBA Pro Antetokounmpo Lays Suit Against Bed-Maker To Rest – Law360
• Minnesota Timberwolves owner Glen Taylor is no longer selling his controlling stake in the franchise to minority owners Marc Lore and Alex Rodriguez, he announced. Taylor alleges Lore and Rodriguez failed to meet certain contractual deadlines and obligations of the sale process, which began in 2021. Sources told ESPN that the relationship between Taylor and his successors — Lore and Rodriguez — disintegrated over the past two years. Timberwolves owner not selling stake to Alex Rodriguez, Marc Lore – ESPN
• Plans for a proposed $2 billion sports and entertainment district that would have seen two professional DC sports teams — basketball’s Washington Wizards and hockey’s Washington Capitals — move to Virginia have been shelved after the state’s governor and legislature failed to agree on terms for the project. DC’s NBA, NHL Teams Won’t Move to Virginia After Talks Break Down – Bloomberg

Entertainment:

MUSIC

• Counsel for a former record company employee who claims he created Nirvana‘s “smiley face” logo urged a CA federal judge to let him immediately appeal a ruling denying his ownership claim, and argued the band’s copyright suit against designer Marc Jacobs over the logo should be delayed in the meanwhile. Nirvana ‘smiley face’ copyright dispute back in court (completemusicupdate.com)
• The Department of Homeland Security raided homes owned by Sean “Diddy” Combs in LA and Miami, according to a statement from DHS as well as news reports. Sean Combs Properties Raid By Feds; Homeland Security At L.A., Miami Properties (deadline.com) Meanwhile, UMG Recordings has asked a NY federal court to free it from a producer’s suit claiming he was sexually assaulted and harassed while working on Diddy’s latest album, slamming the suit as riddled with “knowingly false allegations” that publicly smear the music company. UMG CEO Sir Lucian Grainge Ready For War Over Diddy Lawsuit – AllHipHop
• A TX federal judge ordered TikTok musician Trefuego to pay Sony Music more than $805,000 for illegally sampling its licensed song “Reflections,” but he denied Sony’s bid for an injunction. Sony Awarded $800,000 From TIkTok Rapper Over Unlicensed Sample (rollingstone.com)
• Rapper Travis Scott, the safety director of the 2021 Astroworld Festival and other defendants have asked a TX judge to free them from a slew of lawsuits stemming from the concert’s fatal crowd crush, with roughly two months until the first plaintiff is set to go to trial. Travis Scott Wants To Be Dismissed From Astroworld Lawsuits (billboard.com)
• A PA federal judge said that no copyright dispute exists between the son of a music producer who recorded interviews with rock icons such as Paul McCartney and Mick Jagger and a man who sold the collection, reasoning that the son had no right to the recordings because they were never registered for copyrights with the federal government. COPYRIGHT—E.D. Pa.: A family feud… | VitalLaw.com

FILM & TELEVISION

• A NY federal judge granted Warner Bros. and DC Comics separate wins in a suit accusing the entertainment giants of stealing a comic book artist’s story idea for the 2022 blockbuster The Batman, finding it was actually the artist who exploited the Batman universe. ‘The Batman,’ a 2022 blockbuster, wasn’t plagiarized, US judge rules | Reuters
• The 10^th Circuit relied on last year’s SCOTUS ruling in the Warhol case to set aside a fair use win for Netflix Inc. in a copyright suit brought by a former zoo employee who livestreamed the funeral of the husband of Tiger King star Joe Exotic. Netflix must face revived ‘Tiger King’ copyright claim, US appeals court says | Reuters The court also vacated Netflix’s attorney fee award in the same suit. 10th Circ. Vacates Netflix Fee Award In ‘Tiger King’ IP Row – Law360
• NBCUniversal has settled a trademark infringement suit over royalty payments for its use of the iconic DeLorean DMC-12 sports car on Back to the Future merchandise, according to a notice filed in CA federal court. NBCUniversal settles ‘Back to the Future’ DeLorean trademark case | Reuters
• A NM state judge rejected Rust armorer Hannah Gutierrez-Reed’s emergency motion to be released from custody and given a new trial based on what her attorneys argued were erroneous jury instructions leading to her conviction over the on-set shooting death of a cinematographer. New trial denied for ‘Rust’ armorer convicted in fatal shooting of cinematographer by Alec Baldwin | AP News

MEANWHILE, IN HOLLYWOOD…

• Kim Kardashian bought knockoff Donald Judd tables and chairs for her Skkn By Kim office space and then touted the furniture in a video to her 2 million YouTube subscribers as authentic pieces designed by the late artist, according to a lawsuit filed in CA federal court. Kim Kardashian Sued for Claiming Tables Were Made by Donald Judd (artnews.com)