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
10/29/2019
/ Consent Order ,
Consumer Fraud ,
Data Collection ,
Fair Use ,
Fantasy Sports ,
Federal Trademark Register ,
Football ,
Intellectual Property Protection ,
Lanham Act ,
Online Gaming ,
Opt-Outs ,
Privacy Policy ,
Sports ,
Sports Betting ,
Sports Gambling ,
Terms and Conditions ,
Trademarks ,
Universities ,
USPTO
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
On April 11, 2019, the Internal Revenue Service (the “IRS”) issued Revenue Procedure 2019-18, creating a safe harbor that allows professional sports teams to treat trades of personnel contracts (including contracts for...more
4/26/2019
/ Fair Market Value ,
Financial Statements ,
Income Taxes ,
IRS ,
Like Kind Exchanges ,
Revenue Procedures ,
Section 1031 Exchange ,
Spectator Sports ,
Sports ,
Tax Cuts and Jobs Act ,
Tax Reform
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
On Friday, December 22, 2017, President Trump signed into law H.R. 1, the $1.5 trillion tax reform law known as the Tax Cuts and Jobs Act (the “Tax Reform Act”). This alert describes provisions of the Tax Reform Act that we...more
1/4/2018
/ Colleges ,
Educational Institutions ,
Excise Tax ,
Highly Compensated Employees ,
Net Operating Losses ,
Sports ,
Tax Deductions ,
Tax Exempt Entities ,
Tax Reform ,
Tax-Exempt Bonds ,
UBTI ,
Universities
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
Over the last several days, there have been significant developments relating to the Tax Cuts and Jobs Act, the pending tax reform legislation in Congress. On Thursday, a detailed summary of the Senate Finance Committee’s...more
11/14/2017
/ Charitable Deductions ,
Colleges ,
Educational Institutions ,
Excise Tax ,
Football ,
Highly Compensated Employees ,
IP License ,
IRS ,
Logos ,
Sports ,
Tax Deductions ,
Tax Exempt Entities ,
Tax Reform ,
Tax-Exempt Bonds ,
UBTI ,
Universities ,
Ways and Means Committee
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