LexisNexis® Legal Newsroom
Mealey's Antitrust/Unfair Competition - Judge Orders Business To Pay Damages For Unlawful Broadcast

LOS ANGELES - A California federal judge on May 26 granted summary judgment on numerous claims asserted by a commercial distributor of sporting events for violation of California's unfair competition law (UCL) and violation of certain broadcasting laws, ordering the owner of an establishment who unlawfully broadcast a program to pay damages (Joe Hand Promotions Inc. v. Danny Kim, No. 14-05951, C.D. Calif.; 2016 U.S. Dist. LEXIS 69413).

Mealey's PI/Product Liability - NCAA Concussion Settlement Objector Says Preliminary Approval Goes Too Far

CHICAGO - The lead objector to the settlement between a class of former college athletes and the National Collegiate Athletic Association (NCAA) on May 24 told the NCAA concussion multidistrict litigation judge that a joint motion filed by the NCAA and settling plaintiffs goes too far by asking the court to approve the release of all personal injury claims resulting from participation in a "single NCAA-sanctioned sport at a single-NCAA member school" (In Re: National Collegiate Athletic Association Student-Athlete Concussion Injury Litigation, MDL No. 2492, N.D. Ill.).

Mealey's IP/Tech - Claim Construction In Patent Dispute Vacated By Federal Circuit

WASHINGTON, D.C. - A stipulated judgment of noninfringement of a design patent was based upon an erroneous claim construction and must be vacated, the Federal Circuit U.S. Court of Appeals ruled April 19 (Sport Dimension Inc. v. Coleman Company Inc., No. 15-1553, Fed. Cir.; 2016 U.S. App. LEXIS 6992).

Mealey's Litigation Procedure - Indiana Federal Judge: Student Athletes Are Not University Employees

INDIANAPOLIS - Three student athletes failed to show that their participation on university sports teams renders them employees of the university for which they play, an Indiana federal judge ruled Feb. 16 in dismissing the students' claims that they are owed wages under the Fair Labor Standards Act (FLSA) (Gillian Berger, et al. v. National Collegiate Athletic Association, et al., No. 14-1710, S.D. Ind.; 2016 U.S. Dist. LEXIS 18194).

Mealey's Labor & Employment - Indiana Federal Judge: Student Athletes Are Not University Employees

INDIANAPOLIS - Three student athletes failed to show that their participation on university sports teams renders them employees of the university for which they play, an Indiana federal judge ruled Feb. 16 in dismissing the students' claims that they are owed wages under the Fair Labor Standards Act (FLSA) (Gillian Berger, et al. v. National Collegiate Athletic Association, et al., No. 14-1710, S.D. Ind.; 2016 U.S. Dist. LEXIS 18194).

Mealey's Litigation Procedure - Suits Against DraftKings, FanDuel Consolidated In Massachusetts Federal Court

WASHINGTON, D.C. - The U.S. Judicial Panel on Multidistrict Litigation on Feb. 4 consolidated three dockets comprising more than 80 lawsuits against the nation's two largest online daily fantasy sports (DFS) contest operators in the U.S. District Court for the District of Massachusetts, with the panel finding centralization appropriate for discovery purposes despite some variance in the claims over insider trading, illegal gambling and bonus fraud (In Re: Daily Fantasy Sports Litigation, No.2677; In Re: DraftKings Inc., Fantasy Sports Litigation, No. 2678 and In Re: FanDuel Inc., Fantasy Sports Litigation, No. 2679, JPMDL; 2016 U.S. Dist. LEXIS 13292).

Mealey's IP/Tech - Suits Against DraftKings, FanDuel Consolidated In Massachusetts Federal Court

WASHINGTON, D.C. - The U.S. Judicial Panel on Multidistrict Litigation on Feb. 4 consolidated three dockets comprising more than 80 lawsuits against the nation's two largest online daily fantasy sports (DFS) contest operators in the U.S. District Court for the District of Massachusetts, with the panel finding centralization appropriate for discovery purposes despite some variance in the claims over insider trading, illegal gambling and bonus fraud (In Re: Daily Fantasy Sports Litigation, No.2677; In Re: DraftKings Inc., Fantasy Sports Litigation, No. 2678 and In Re: FanDuel Inc., Fantasy Sports Litigation, No. 2679, JPMDL; 2016 U.S. Dist. LEXIS 13292).

Mealey's IP/Tech - Supreme Court Denies Certiorari In Trademark Dispute Over Paw Prints

WASHINGTON, D.C. - An August 2015 Federal Circuit U.S. Court of Appeals reversal of findings by the Trademark Trial and Appeal Board that a proposed "nonhuman paw print" trademark would cause confusion in the marketplace will stand, thanks to a denial Jan. 25 by the U.S. Supreme Court of a petition for certiorari (New Millennium Sports S.L.U. v. Jack Wolfskin Ausrustung Fur Draussen GmbH & Co. KGAA, No. 15-660, U.S. Sup.).

Mealey's Banking & Finance - Judge Awards Sporting Event Distributor Damages For Unlawful Broadcast

LOS ANGELES - After finding that a restaurant and its owners violated Title 47 U.S. Code Section 605 when it unlawfully broadcast a program in its establishment, a California federal judge dismissed claims for conversion and violation of California's unfair competition law (UCL) as moot and awarded the owner of the distribution rights to the program $14,700 in damages (J&J Sports Productions Inc. v. Juventino Aguilar, et al., No. 14-03268, C.D. Calif.; 2016 U.S. Dist. LEXIS 6663).

Mealey's Antitrust/Unfair Competition - Judge Recommends Default Ruling For Owner Of Unlawfully Broadcast Program

FRESNO, Calif. - After the owners of a restaurant failed to respond to allegations that they unlawfully broadcast a television program in their establishment in violation of California's unfair competition law (UCL), a California federal magistrate judge on Jan. 8 recommended that a default ruling be entered in favor of the owner of the rights to the program (J&J Sports Productions Inc. v. Raquel Ortiz Reyes, individually and d/b/a Los Reyes Mexican Food; RAUL REYES, individually and d/b/a Los Reyes Mexican Food, No. 1:15-cv-01036, E.D. Calif.; 2016 Dist. LEXIS 3205).

Mealey's IP/Tech - Dispute Over 'Welcome To The D' Trademark Dismissed In Michigan

DETROIT - Allegations that the Detroit Metro Convention & Visitors Bureau and the Detroit Sports Commission committed trademark infringement by including the phrase "Welcome to the D" on various banners and signs promoting several high-profile sporting events were rejected Dec. 7 by a Michigan federal judge (Mark Kassa v. Detroit Metro Convention & Visitors Bureau and Detroit Sports Commission, No. 15-13153, E.D. Mich.; 2015 U.S. Dist. LEXIS 163334).

Mealey's Insurance - 'ZIP Code Case Under Any Other Label Remains A ZIP Code Case,' 9th Circuit Says

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Dec. 7 affirmed a lower federal court's ruling that insurers have no duty to defend their insured against underlying claims that it infringed on privacy rights in violation of the Song-Beverly Act of 1991, California Civil Code Section 1747.08(a)-(b) (Big 5 Sporting Goods Corp. v. Zurich American Insurance Co., et al., No. 13-56249, 9th Cir.; 2015 U.S. App. LEXIS 21185).

Mealey's Antitrust/Unfair Competition - Magistrate Judge Recommends Default Ruling In Unauthorized Broadcast Case

SACRAMENTO, Calif. - A California federal magistrate judge on Nov. 16 recommended that a default ruling be entered against the owner of a commercial establishment after it failed to respond to claims for violation for California's unfair competition law (UCL), conversion and other causes of action for showing an unauthorized broadcast, awarding the owner of the broadcast $10,000 in damages (J&J Sports Productions Inc. v. Philip Isidro, No. 2:14-cv-2720, E.D. Calif.; 2015 U.S. Dist. LEXIS 154773).

Mealey's IP/Tech - New York Copyright Case Yields $100,000 Statutory Damages Awards

NEW YORK - Myriad default defendants were ordered Sept. 28 to pay $100,000 in statutory damages for infringing a copyrighted image of multi-sport athlete Bo Jackson (Richard Noble v. Crazetees.com, et al., No. 13-5086, S.D. N.Y.; 2015 U.S. Dist. LEXIS 130391).

Mealey's Antitrust/Unfair Competition - Federal Judge Awards Firm $21,000 For Unauthorized Broadcast

LOS ANGELES - A California federal judge on Sept. 28 dismissed a broadcast company's claims for violation of California's unfair competition law (UCL) and another violation as moot, but awarded it $21,000 for damages for the unauthorized broadcast of a professional fight (J&J Sports Productions Inc. v. Stephen Lim, et al., No. 13-08949, C.D. Calif.; 2015 U.S. Dist. LEXIS 130443).

Mealey's IP/Tech - North Carolina Federal Judge Issues Injunction In Lanham Act Case

CHARLOTTE, N.C. - Deeming a federal unfair competition and common-law trademark infringement plaintiff likely to succeed on the merits of its claims, a North Carolina federal judge on Sept. 15 awarded a preliminary injunction; in a separate ruling issued the same day, however, he dismissed allegations that a defendant violated the North Carolina Unfair and Deceptive Trade Practices Act (Charlotte Chiropractic Clinic P.A. d/b/a ChiroCarolina v. Richard Williams and Chiro-Carolina Family and Sports Care, No. 14-585, W.D. N.C.; 2015 U.S. Dist. LEXIS 122684).

Mealey's PI/Product Liability - Pennsylvania Federal Judge: No Strict Liability In Personal Injury Case

PHILADELPHIA - Allegations that the former designer of a resistance band that injured a plaintiff can be held strictly liable for those injuries were rejected by a Pennsylvania federal judge on Sept. 9 (Glenn Thorpe and Patricia Thorpe v. Bollinger Sports LLC, et al., No. 14-4520, E.D. Pa.; 2015 U.S. Dist. LEXIS 119643).

Mealey's Antitrust/Unfair Competition - Judge Awards Distributor Of Fight Damages For Unauthorized Broadcast

LOS ANGELES - A California federal judge on Sept. 3 issued a ruling on claims for violation of California's unfair competition law (UCL) and several federal broadcasting laws in relation to the unauthorized broadcast of a fight program, awarding the licensed distributor of the program damages (J&J Sports Productions, Inc. v. Adrian Luna, No. 12-09673, C.D. Calif.; 2015 U.S. Dist. LEXIS 118611).

Mealey's IP/Tech - Likelihood-Of-Confusion Analysis Was Improper, Federal Circuit Says

WASHINGTON, D.C. - Although the Trademark Trial and Appeal Board correctly found that a paw print design mark was not abandoned, it erred in holding that a proposed "nonhuman paw print" mark would create a likelihood of confusion, the Federal Circuit U.S. Court of Appeals ruled Aug. 19 (Jack Wolfskin Ausrustung Fur Draussen GmbH & Co. KGAA v. New Millennium Sports S.L.U., No. 14-1789, Fed. Cir.).

Mealey's Labor & Employment - 11th Circuit Vacates Arbitration Ruling, Orders Additional Review

ATLANTA - A district court must reconsider whether an arbitration agreement between a restaurant and its server is enforceable in a wage dispute, the 11th Circuit U.S. Court of Appeals ruled July 21, finding that a trial court failed to issue an order properly explaining its decision to not enforce the agreement (Marquisha Matthews v, Ultimate Sports Bar, LLC, et al., No. 14-14809, 11th Cir.; 2015 U.S. App. LEXIS 12549).

Mealey's PI/Product Liability - High School Hockey Player Assumed Risk Of Injury, New York Appeals Court Rules

ROCHESTER, N.Y. - A high school hockey player assumed the risk of injury when he became involved in the sport, barring his negligence action against a New York school district for injuries he suffered when a teammate wearing skates stepped on his foot in a locker room, a state appeals panel ruled March 20 (Brady Litz v. Clinton Central School District, et al., No. 14-01215, N.Y. Sup., App. Div., 4th Dept.).

Mealey's PI/Product Liability - Injured Spectator's Suit Not Barred By State Law, Texas Supreme Court Rules

AUSTIN, Texas - The Texas recreational use statute does not bar a suit by a woman who alleged that she was seriously injured when she fell while attending a sporting event at the state-run University of Texas at Arlington (UTA), the state Supreme Court ruled March 20 (University of Texas at Arlington v. Sandra Williams, et al., No. 13-0338, Texas Sup.; 2015 Tex. LEXIS 268).

Mealey's IP/Tech - New York Federal Judge Won't Reconsider Trademark Injunction

ALBANY, N.Y. - A June 2014 preliminary injunction barring a defendant from ordering, purchasing, marketing or selling sports protective eyewear under the "Rec Specs" trademark will remain in place, a New York federal judge ruled March 5 (Halo Optical Products Inc. v. Liberty Sports Inc., No. 14-282, N.D. N.Y.; 2015 U.S. Dist. LEXIS 26714).

Mealey's IP/Tech - Minnesota Federal Judge Stands By Denial Of Attorney Fees

MINNEAPOLIS - Acting on remand from the Federal Circuit U.S. Court of Appeals, a Minnesota federal judge on Jan. 27 again rejected a request by three prevailing corporate defendants for an award of attorney fees and expenses in a patent and Lanham Act dispute (Aviva Sports Inc. v. Fingerhut Direct Marketing Inc., et al., No. 09-1091, D. Minn.; 2015 U.S. Dist. LEXIS 9108).

Mealey's PI/Product Liability - Judge: Failure-To-Conform Exclusion Bars Coverage For Suits Over Energy Supplement

CENTRAL ISLIP, N.Y. - All of the injuries alleged in three underlying lawsuits arise out of a pre-workout energy supplement's failure to conform with an insured's statements and, therefore, coverage for the actions is barred by the policy's failure-to-conform exclusion, a New York federal judge ruled Jan. 23 (General Star Indemnity Co. v. Driven Sports Inc., No 14-3579, E.D. N.Y.; 2015 U.S. Dist. LEXIS 7966).