Stepping on Toes: The Fortnite Legal Dance Battle Victory Royale? -
Not quite. In a recent opinion, the Ninth Circuit held that Fortnite’s developer Epic Games might be liable for infringing a well-known choreographer’s...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
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
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
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
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
"Wild Thing" Forced to Tap Out in Battle against ESPN - Last month, the Eighth Circuit Court of Appeals forced former professional wrestler Steve "Wild Thing" Ray to tap out in his battle against ESPN by dismissing the...more
6/2/2015
/ Appeals ,
Barry Bonds ,
Broadcasting ,
Cable Television Providers ,
Copyright ,
Copyright Infringement ,
Criminal Prosecution ,
ESPN ,
HBO ,
Infringement ,
Right of Publicity ,
Showtime ,
Sports ,
Wrongful Conviction