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Ineligible Coach On The Field – Assessing Whether Restrictions Are Enforceable In Contracts
August 31, 2017 | Blog | By Daniel Herling, Claire Newland
With the start of college football season around the corner, attention turns to off-season shake ups in coaching staffs. One controversial change involved defensive coordinator Robert H. Shoop.
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Stats plus Security = A winning formula
July 10, 2017 | Blog | By Joshua Briones
Notwithstanding the glitz and glamour of multi-millionaire race drivers and champagne, Formula One is all about data. Analytics are fundamental to understanding Formula One races.
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GAME OVER FOR TAX-EXEMPT FINANCING OF PROFESSIONAL SPORTS STADIUMS?
June 20, 2017 | Blog | By Meghan Burke, Poonam Patidar
Public financing, including tax-exempt bond financing, of facilities used by professional sport teams has long been a controversial topic, with advocates and opponents disagreeing over whether the benefits sufficiently to justify public subsidies.
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FTC, CALIFORNIA, AND DC SUE TO STOP DRAFTKINGS-FANDUEL MERGER ON ANTITRUST GROUNDS
June 19, 2017 | Blog | By Bruce Sokler
Although the Federal Trade Commission currently is short-handed with one Democrat and one Republican serving on the Commission (out of a normal lineup of five), today they showed that bi-partisan consensus still can exist in Washington.
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Is the NCAA Out of Bounds on Academics?
May 23, 2017 | Blog | By Randy Jones
An ongoing controversy regarding fraud and academic dishonesty among student-athletes at the University of North Carolina at Chapel Hill (“UNC”) has brought to the forefront an important question: Who is responsible for ensuring student-athletes are receiving an academically appropriate education?
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Remember - “March Madness” is a Trademark
March 17, 2017 | Blog | By Joshua Briones
We are in March. The minds of many turn to March Madness as the NCAA hosts its annual tournament to crown college basketball’s national champion.
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NFL Changes Stance on Ticket Resale Floors
December 9, 2016 | Blog
The NFL has agreed not to require its teams to set minimum prices in ticket resale marketplaces as part of a settlement with several state attorneys general.
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The Indians may win the World Series, but what will become of their brand?
November 2, 2016 | Blog | By Joshua Briones, Esteban Morales, Crystal Lopez
The Cleveland Indians are back in the World Series for the first time in nineteen years, and with it have come renewed protests over the team’s name and Chief Wahoo logo, a depiction some consider a highly offensive caricature.
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Supreme Court Declines to Hear the O’Bannon Case, Holding in Place the NCAA’s System of Amateurism
October 5, 2016 | Blog | By Brent Douglas
Former UCLA basketball star and NCAA champion Ed O’Bannon was the lead plaintiff in a 2009 class action lawsuit that was the first serious challenge to the lifeblood of the NCAA’s very existence: all of its players are unpaid amateurs.
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The SLANTS Trademark Will Play One More Gig: U.S. Supreme Court to Decide Constitutionality of Ban on Disparaging Trademarks
September 29, 2016 | Blog | By Susan Neuberger Weller
The U.S. Supreme Court announced today that it will review whether the U.S. Trademark Office can deny registration of offensive trademarks or whether such prohibition violates the First Amendment.
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Minor League Baseball Players Strike Out in Attempt to Certify Class for Wage Claims
September 9, 2016 | Blog | By Brent Douglas
In 2014, a group of minor league players sued Major League Baseball, the Office of the Commissioner, former commissioner Bud Selig, and three MLB franchises alleging numerous violations of the federal minimum-wage law.
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First Monday in October Might be Big Day for College Athletes
September 7, 2016 | Blog | By Bruce Sokler
No, the First Monday in October is not when the first poll for the College Football Playoffs is released. And it is not the day of an important college football match-up. However, it still might be an important day for college athletes—and the NCAA.
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Welcome Back: New York State Gaming Commission Issues Temporary Permits to Five Daily Fantasy Operators
September 7, 2016 | Blog | By Kelly Frey
The New York State Gaming Commission issued temporary permits to five major daily fantasy sports operators on August 22, 2016, allowing DraftKings, FanDuel, Yahoo, FantasyDraft, and Draft to resume operations in the state of New York.
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Court Denies Class Cert. in NCAA Antitrust Suit
April 4, 2016 | Alert | By Bruce Sokler, Farrah Short
The NCAA scored a victory last week with the denial of class certification in an antitrust suit challenging the association’s former ban on multiyear scholarships (the “One Year Rule”) and its cap on scholarships (the “GIA Cap”). Plaintiff had alleged that those rules constituted a concerted effort by the NCAA and its member schools to thwart competition.
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New Class Action Filed Challenging NCAA’S Scholarship Caps and Transfer Rules
March 9, 2016 | Alert | By Bruce Sokler, Farrah Short
In the latest chapter in the litigation wars against college athletics, on March 8, 2016, another antitrust class action was filed against the NCAA in its “home court,” the United States Southern District of Indiana.
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Rodeo Associations Fail to Wrangle Each Other in First Round of Antitrust Class Action: District Court Denies Plaintiffs’ Preliminary Injunction and Defendants’ Motion to Dismiss
February 8, 2016 | Alert | By Bruce Sokler, Farrah Short
An upstart rodeo association, created and owned by professional rodeo cowboys, challenged that its competitor’s bylaws aimed at the new association and its participants constituted agreements that unreasonably restrain trade and monopolize the market in violation of Sections 1 and 2 of the Sherman Act.
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Washington Redskins Haven’t Won Yet: Why the Constitutionality of Section 2(a) is Not Yet Final
January 4, 2016 | Blog | By Susan Neuberger Weller, Serge Subach
What do Washington D.C.’s NFL team, the Redskins, and Mr. Tam’s rock band, The Slants, have in common? Both have enjoyed unexpected victories recently and both have been called “disparaging” by the Patent and Trademark Office (“PTO”).
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A Scandalous Mark to Some, Free Speech to Others: Federal Circuit to Decide Whether Controversial Limit on Trademark Registrations Violates First Amendment
May 4, 2015 | Blog | By Serge Subach
The Federal Circuit has decided to revisit the constitutionality of Section 2(a) of the Lanham Act in the case of In re Shiao Tam, 2015 U.S. App. LEXIS 6840 (Fed. Cir. Apr. 27, 2015). Section 2(a) of the Lanham act allows the USPTO to reject the registration of a trademark that is immoral, scandalous, or disparaging.
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…..and Don’t Even Think About Advertising a MARCH MADNESS Event Either!
March 17, 2015 | Blog | By Susan Neuberger Weller
It is that time of year again, coming off St. Patrick’s Day celebrations, when everyone gets on the college basketball bandwagon in the season of “MARCH MADNESS.”
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Don’t Even Think About Advertising a SUPER BOWL Party!
January 26, 2015 | Blog | By Susan Neuberger Weller
As we all know, Super Bowl XLIX will be played this Sunday in Phoenix, Arizona between the defending Champion Seattle Seahawks and the New England Patriots. There will be events of all kinds organized all around the country focused on this football game.
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