12th Man Up in the First Half: Texas Court Rules that Aggies Athletic Foundation Owes No Fiduciary Duty to Football Boosters, Second Half to Reveal Winner on Contract Claims -
There is perhaps no relationship stronger and...more
8/1/2024
/ Anti-SLAPP ,
Cease and Desist Orders ,
Contract Claims ,
Fiduciary Duty ,
Football ,
Injunctive Relief ,
Lanham Act ,
Motion to Dismiss ,
NV Supreme Court ,
Trademark Infringement ,
Trademarks
A Céspedes for the Rest of Us! Ex-New York Met Has Himself a Day, Winning a Critical Preliminary Injunction, as Chandler Bats Founder Finds Himself in a Pickle -
The companies of ex-MLB player Yoenis Céspedes—La Potencia,...more
7/11/2024
/ Breach of Contract ,
CO Supreme Court ,
Contract Terms ,
Duty of Care ,
Intellectual Property Protection ,
Liability ,
Misappropriation ,
Motion to Dismiss ,
Negligence ,
Preliminary Injunctions ,
Right of Way ,
Trade Secrets ,
Trademark Infringement ,
Trademarks ,
Waivers
Mischief Afoot: Vans Kicks MSCHF’s Main Defense to Trademark Infringement to the Curb in Art Sneaker Dispute -
If the shoe fits, wear it. Or so the Second Circuit mused in a recent decision, in which it “re-boxed” an art...more
5/6/2024
/ Dilution ,
Enforcement ,
Fantasy Sports ,
First Amendment ,
Gaming Commissions ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Licensing Rules ,
New Rules ,
Preliminary Injunctions ,
Prior Art ,
Restraining Orders ,
Rogers Test ,
SCOTUS ,
Trademark Infringement ,
Trademarks
NBA Properties Lands Slam Dunk in Intellectual Property Win Heard Around the Globe -
NBA Properties, Inc. (“NBAP”), the exclusive licensee of the National Basketball Association (“NBA”) and NBA teams’ distinctive trademarks,...more
11/30/2022
/ Adidas ,
Appeals ,
Counterfeiting ,
Defamation ,
E-Commerce ,
EU ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Lanham Act ,
NBA ,
Netflix ,
NY Supreme Court ,
Personal Jurisdiction ,
Petition for Writ of Certiorari ,
SCOTUS ,
Settlement Agreements ,
Trademark Infringement ,
Trademark Ownership ,
Trademarks ,
Ultimate Fighting Championship ,
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. In this double...more
8/11/2022
/ Class Action ,
Contract Terms ,
Establishment Clause ,
First Amendment ,
Food and Drug Administration (FDA) ,
Free Exercise Clause ,
Free Speech ,
Horse Racing ,
Kennedy v. Bremerton School District ,
Motion to Dismiss ,
NCAA ,
Negligent Misrepresentation ,
NHL ,
Preliminary Injunctions ,
SCOTUS ,
Summary Judgment ,
Trademarks
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. In this issue,...more
7/1/2021
/ Advertising ,
Brand ,
Copyright ,
Copyright Infringement ,
Denial of Certiorari ,
Inherently Dangerous Activities ,
Intellectual Property Protection ,
Negligence ,
Patents ,
Sports ,
Standard of Care ,
Super Bowl ,
Trademarks
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.
NJ Gaming...more
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. In this issue,...more
9/2/2020
/ Anti-Competitive ,
Anti-cybersquatting Consumer Protection Act ,
Antitrust Provisions ,
Antitrust Violations ,
Article III ,
ATDS ,
Basketball ,
Bodily Injury ,
Copyright ,
Copyright Infringement ,
Domain Names ,
DuPont Factors ,
Gambling ,
Hockey ,
Intellectual Property Protection ,
Jury Verdicts ,
Lanham Act ,
Monopolization ,
Negligence ,
Nike ,
Robocalling ,
Slogans ,
Sponsorship Agreements ,
Sports ,
Sports Apparel ,
Standing ,
State Law Tort Claims ,
TCPA ,
The Copyright Act ,
Trademark Trial and Appeal Board ,
Trademarks ,
Unjust Enrichment ,
Video Games
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...more
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. 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
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
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
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
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
Federal Circuit Leaves Cobra Golf Co. in the Rough -
It's dormie. On Eighteen. You're in great shape, having hit a solid drive, leaving yourself a fairway lie and a mid-iron into a back-right Sunday pin. Feeling good...more
Tiger Woods Misses the Cut in Golf Memorabilia Dispute -
Tiger Woods skipped The Masters this year for the first time in 20 years because he was recuperating from back surgery. But his back may not be the only source...more
5/19/2014
/ Breach of Contract ,
Graham Factors ,
Jury Verdicts ,
License Agreements ,
NFL ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Prior Art ,
Tiger Woods ,
Trademark Litigation ,
Trademarks ,
Unfair or Deceptive Trade Practices