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Industry: Sports, Entertainment and Gaming
October 22, 2012 Article Sports Brand Management
Firm Authors: Peter E. Perkowski
March 2012 Article Copyright Holders, Not Online Service Providers, Must Identify Infringement
December 22, 2011 Newsletter Privacy and Technology Bulletin
Winston & Strawn's quarterly Privacy and Technology Bulletin provides summaries and tips on recent legal developments in the areas of Web site, workplace, health care and financial privacy, data security, software and technology, and privacy issues that arise in interactive company-to-consumer communications.
July 13, 2011 Article Sports Arbitration and Due Process: The Sequel
Firm Authors: Laurence Burger
June 22, 2011 Briefing Business Moves Your NBA Player Should Make As Soon As He’s Drafted
Firm Authors: Brian L. Heidelberger
The NBA draft is right around the corner and whatever number your player is picked, he’s going to have to pick up not only his game, but also his business skills, unless he wants to end up as one of the 60 percent of NBA players who are broke within five years of retirement.
May 3, 2011 Newsletter Labor News
Select events and news from the world of organized labor for April 2011
April 5, 2011 Newsletter Federal Circuit Patent Decision Summaries, Volume 4, Issue 10
Federal Circuit Patent Decision Summaries are designed to provide timely updates on recent Federal Circuit patent decisions by including a short description of, and a link(s) to, precedential patent cases recently decided by the Federal Circuit.
March 3, 2011 Newsletter Labor News
Select events from the world of organized labor for February 2011
March 2, 2011 Article Sports Arbitration and Due Process
Firm Authors: Laurence Burger
February 7, 2011 Newsletter Labor News
Select events from the world of organized labor for January 2011
January 18, 2011 Newsletter Federal Circuit Patent Decision Summaries, Volume 4, Issue 3
Federal Circuit Patent Decision Summaries are designed to provide timely updates on recent Federal Circuit patent decisions by including a short description of, and a link(s) to, precedential patent cases recently decided by the Federal Circuit.
December 23, 2010 Newsletter Privacy and Technology Bulletin
Winston & Strawn's quarterly Privacy and Technology Bulletin provides summaries and tips on recent legal developments in the areas of Web site, workplace, health care and financial privacy, data security, software and technology, and privacy issues that arise in interactive company-to-consumer communications.
December 3, 2010 Newsletter Labor News
Select events from the world of organized labor for November 2010
November 2010 Newsletter Advertising/Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
November 30, 2009 Newsletter Advertising/Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
November 20, 2009 Briefing George Clinton’s Use of “Dog” and Panting in Song is Copyrightable Subject Matter
Bridgeport Music, Inc., owner of the publishing rights to George Clinton’s best-known work, “Atomic Dog,” sued UMG Recordings Inc. for copyright infringement.
October 2009 Newsletter Advertising/Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
September 24, 2009 Newsletter Advertising/Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
August 2009 Article Must Athlete Endorsers Answer to SAG?
June 29, 2009 Newsletter Advertising/Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
June 29, 2009 Briefing Twittersquatting Generates Cybersquatting Lawsuit
When Anthony La Russa, manager of the St. Louis Cardinals, learned that an unknown Twitter user created an account at twitter.com/TonyLaRussa and pretended to post updates as La Russa, he filed suit against the unknown user and Twitter in the Superior Court of San Francisco, alleging trademark infringement and dilution, cybersquatting, and misappropriation of name and likeness.
May 26, 2009 Briefing Use of Athlete Name, Stats, and Images in Fantasy Games Protected
In a recent decision, CBS Interactive, Inc. prevailed on a lawsuit against the National Football League Player's Association, Inc., which sought to prevent the NFLPA from collecting royalties for the use of players' names, likenesses, stats, and biographical data in fantasy football leagues.
March 25, 2009 Briefing Non-Famous and Non-Distinctive Trademarks Not Protected Under the Federal Cybersquatting Act
A court ruled that a plaintiff, Philbrick's Sports, could not assert a claim under the Anticybersquatting Consumer Protection Act against eNom, Inc. for holding domain names similar to Philbrick's trademark, because the ACPA only protects famous and distinctive trademarks.
February 23, 2009 Briefing Promotion Open Only to Females Determined Not Discriminatory
In 2006, Dr. Michael Cohen filed suit against the California Angels for claiming age and sex discrimination based on an Angels' Mother's Day promotion whereby all females 18 years of age and older attending the baseball game at Angeles Stadium received a free Angels tote bag.
October 24, 2008 Briefing TV Show Can Be Considered Advertising for Purposes of Right of Publicity
In 2005 the National Football League made a television show to promote the video game of its licensee, EA Sports, called Madden NFL 06. The show included clips of voiceovers from various films about the history of the NFL.
October 24, 2008 Briefing Parody of Trademark Ruled Vulgar and Not Registerable
Upon objection from the Boston Red Sox, the Trademark Trial and Appeal Board denied individual's intent-to-use application to register SEX ROD for a line of clothing on the grounds that it consists of immoral and scandalous matter (termed "vulgar" by the Board) not registerable under Section 2(a) of the Trademark Act.
September 26, 2008 Briefing CBS Sues NFL for Free Speech and Anti-Trust Violations
CBS Interactive Inc., an operator of fantasy sports leagues, sued the National Football League Players Association (NFL) seeking a judgment that the use of player statistics does not violate the right of publicity and is protected by the First Amendment and declaring that any action by the NFL to exclude CBS from the fantasy sports league market would violate the Sherman Act and the Clayton Act.
April 30, 2008 Briefing Reminder: Unauthorized Commercial Use of Olympic Designations is Prohibited
The unauthorized commercial use of any Olympic trademarks, logos, or symbols, as well as any conduct tending to suggest any connection with the Olympics or the United States Olympic Committee, is prohibited by a federal law enacted in 1998, which granted exclusive rights to the USOC with respect to all Olympic marks.
March 31, 2008 Briefing Public Display of Super Bowl on Movie Theatre Screens Without NFL License Halted
Chunky's Cinema Pub, a movie theatre chain, recently attempted to conduct a promotion where it offered consumers free admission to view the Super Bowl on its big movie screens. While Chunky's did not charge for admission, it likely sought to profit from concessions.
March 31, 2008 Briefing Super Bowl Ad Contest Brings Lawsuit
MyBowlAd was created last year as a concept to sell small pieces of time in a television commercial that would air on during the Super Bowl.
March 31, 2008 Briefing Man Sues Big Ten Network For Stealing Idea in Breach of Confidentiality Agreement
Robert Welsh, former Penn State athlete and mascot, has filed a suit against the Big Ten and the Big Ten Network. Welsh claims that in 1998 he presented his idea to create a Big Ten television network to the Big Ten Conference, which was required to sign a confidentiality agreement prior to the idea being disclosed.
December 21, 2007 Briefing CARU Recommends Modification to Sweepstakes Advertisement
Through routine monitoring of advertising directed to children, the Children's Advertising Review Unit found print advertising for a sweepstakes marketed by The Upper Deck Company in Sports Illustrated Kids’ September issue.
October 31, 2007 Newsletter Advertising and Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
October 31, 2007 Briefing Fantasy Sports Leagues Not Considered Gambling
A federal court recently held that certain fantasy sports games played for pay and run by major sports web sites do not constitute illegal gambling.
October 31, 200 Briefing Fantasy Sports Provider Wins Right to Use Player Names and Statistics
 A federal court of appeals recently held that a fantasy sports operator could use the names and statistics of players to operate a pay-to-play fantasy sports league.
August 7, 2007 Briefing Professional Sports League Constitutes a Single Entity for Purposes of Antitrust Conspiracy Law
In 2000, NFL Properties entered into a 12-year exclusive relationship with Reebok. As part of that deal, the League agreed that all on-field apparel would be Reebok-branded.
July 2, 2007 Briefing 12th BEAR Likely to Cause Confusion with Chicago Bears
The Chicago Bears Football Club successfully opposed the registration by a novelty manufacturer of the mark "12th BEAR" for jewelry, bumper stickers, insulated beverage containers, towels, clothing, and other novelty items in a case before the Trademark Trial and Appeal Board.
April 30, 2007 Briefing NFL Player Fined by League for Alleged "Ambush Marketing"
The National Football League recently fined Chicago Bears player Brian Urlacher $100,000 for appearing at a hour-long Super Bowl media day interview with a bottle of Vitaminwater®, and wearing a Vitaminwater-logo cap.
March 2007 Briefing NFL Applies for Trademark BIG GAME; Butts Heads with Universities and Advertisers
The National Football League has applied to register the trademark BIG GAME with the United States Patent and Trademark Office, in an effort to block advertisers from successfully referring to the Super Bowl without actually using the registered trademark phrase SUPER BOWL.
March 2007 Briefing "First Negotiation" Contract Term Breached
A federal court in New York has ruled that FIFA breached its contractual obligation to give MasterCard the first right to sponsor post-2006 World Cup soccer games.
March 2007 Briefing Calloway Sues the Screen Actors Guild; Looking for a Declaration That It Owes No P&W
Calloway Golf has endorsement agreements with several professional golfers, whereby the golfers appear in television advertisements for Calloway.
March 2007 Briefing Can't Frisk Event Patrons Without "Substantial and Real Risk"
The Tampa Sports Authority, a public agency created by the Florida legislature, may not implement mass, suspicionless patdowns for NFL games at Raymond James Stadium, according to the Federal Court in Tampa.
December 22, 2006 Briefing Quarterback Sues for Yahoo’s Use of Image in Fantasy Game Ads
New England Patriots quarterback Tom Brady has filed a lawsuit against Yahoo for the use of his photo in advertisements for Yahoo’s popular online Fantasy Football Game, which according to the complaint boasted 4.4 million users last year. Some of the ads ran as online banners at yahoo.com.
August 21, 2006 Briefing Court Holds That Fantasy Web Sites May Use Player’s Names and Statistics Without Obtaining a License
The U.S. District Court for the Eastern District of Missouri held in favor of the plaintiff, C.B.C. Distribution and Marketing, Inc., in a lawsuit filed against Major League Baseball in which the plaintiff sought the right to use Major League Baseball Players’ names and statistics in connection with an online fantasy baseball game.
May 25, 2006 Briefing Mastercard Sues FIFA To Enforce Right Of First Refusal
MasterCard International filed a lawsuit in April seeking an injunction against the Federation Internationale de Football Association, the governing body of the World Cup, to prevent FIFA from granting Visa International sponsorship rights to the 2010 and 2014 games.
May 24, 2006 Briefing Class Action Lawsuits Filed for Sex and Age Discrimination on Promotional Offers
Last May, the California Angels conducted a Mother’s Day promotion whereby all females 18 years of age and older attending the baseball game at Angels Stadium received a free Angels tote bag.
April 13, 2006 Briefing Freelancer Held to Have Transferred Copyright
NASCAR commissioned the NEXTEL Cup Series trophy from the Franklin Mint. A freelance artist designed the trophy for the Mint.
April 13, 2006 Briefing Agency’s Attempt to “Own” Common Phrase Rejected
A promotion company had the idea of developing a line of merchandise using the term “Opening Day” in conjunction with products bearing the trademarks and team names of Major League Baseball.
January 12, 2006 Briefing Federal Court Protects Subject of a Photograph
Earlier this year, Coors Brewing Company was sued for copyright infringement by a photographer after Coors allegedly copied the style of the photographer’s picture of NBA player Kevin Garnett in a billboard advertisement.
January 12, 2006 Briefing NFL Player Sued Video Game Manufacturer for Pairing Statistics With the Wrong Face
Steve Neal, an African American college football player who tried out for the NFL but didn’t make it, was offended when his image appeared in Electronic Arts’ Madden NFL Football video game, in association with the statistics of a Caucasian player, also named Steve Neal, who plays for the New England Patriots.