K&C Sports & Entertainment Law Weekly Roundup (July 23, 2024)

Sports:

NFL

• The breach of contract trial against a woman claiming to be Jerry Jones’ daughter is scheduled to start next Monday, and the Cowboys owner is expected to testify on the witness stand. Cowboys owner Jerry Jones to testify on witness stand in trial tied to paternity case, records show – WHAS11
• The NFL has tried (with, at times, some success) to persuade the courts that the Sunday Ticket antitrust class action should be dismissed. The latest paperwork filed by the league focuses on the manner in which a jury in a Los Angeles federal court came up with its $4.7 billion verdict. NFL attacks jury’s basis for coming up with $4.7 billion verdict – NBC Sports

MLB

• Sony has urged a Texas federal court to sanction a baseball training company and its counsel in a trademark dispute over the digital giant’s use of the phrase “future star series” in a popular video game, claiming they launched a lawsuit without investigating material facts and refused to eliminate false allegations. Dykema Faces Sony Sanctions Bid In Baseball Game TM Suit – Law360
• Major League Baseball is considering whether to take any actions to protect players following threats arising from the proliferation of gambling in the U.S. MLB discussing whether to take actions protecting players from gambling threats – AP

NBA

• Jontay Porter and his lawyer are asking a federal judge to modify the terms of his bond conditions to allow him to travel overseas to play basketball. Jontay Porter seeking bond modification to play in Greece after gambling scandal – New York Post
• The fan accusing the NBA’s Denver Nuggets of racial profiling did not prove that a team employee showed any “racial animus” when he questioned the validity of his ticket at a game last December, the team said as it urged a Colorado federal judge to toss the case. No ‘Racial Animus,’ Nuggets Claim In Bid To Toss Fan’s Suit – Law360
• A former NBA referee must turn over records between his psychologist and his counsel to demonstrate whether the league’s COVID-19 vaccination policies had the debilitating effect on his psyche that he claims in a lawsuit, a New York federal judge has ruled. Ex-NBA Ref Must Show Psychologist Comms In COVID-19 Suit – Law360

Entertainment:

MUSIC

• A group of the biggest music labels in the world is suing Verizon for allegedly profiting from what they call “pervasive” and “staggering” copyright infringement of the labels’ music, saying in a complaint that the internet service provider “deliberately turned a blind eye” to music pirating on its network. Record labels have sent ‘hundreds of thousands’ of copyright infringement notices to Verizon. Now they’re suing the internet provider for over $2bn – Music Business Worldwide
•  Fourteen NBA teams have been hit with complaints by several music companies that accuse the basketball franchises of using copyrighted songs in promotional videos without permission, according to lawsuits in Manhattan federal court. Miami Heat Among 14 Teams Being Sued For Alleged Musical Copyright Violations
• Ye, formerly known as Kanye West, has been slapped with a lawsuit in CA federal court claiming that he stole music from DJ Khalil and three other artists for two leading tracks on his blockbuster album Donda. Kanye West Sued Again for Copyright Infringement (variety.com)
• Live Nation and Ticketmaster have teed up part of their fight against an antitrust lawsuit brought by the DOJ and multiple state attorneys general, arguing that the state law claims are “threadbare” and that a chunk of the DOJ case amounts to trying to force them to deal with competitors. Live Nation Asks Judge to Dismiss Huge Portions of Antitrust Suit (ticketnews.com)
• A Boston federal jury affirmed Gibson Guitars’ right to have Liberace‘s bedazzled 9-foot-long grand piano returned to it from a piano store to which it loaned the entertainer’s iconic instrument more than a decade ago. Jury Finds Gibson The Rightful Owner Of Liberace Piano – Law360

MOVIES & TELEVISION

• Vanderpump Rules star Tom Sandoval lodged claims against his ex-girlfriend and fellow Bravo star Ariana Madix alleging she invaded his right to privacy by accessing explicit FaceTime videos of him and another cast member on his phone without permission. Tom Sandoval Sues Ariana Madix in Scandoval Fallout (vulture.com) Meanwhile, the former chef at an L.A. sandwich shop owned by cast members Ariana Madix and Katie Maloney has accused the reality stars of refusing to honor a partnership agreement under which she was entitled to a 10% ownership stake, according to a suit filed in Los Angeles County. Ariana Madix and Katie Maloney Sued Over Sandwich Shop (collider.com)
• ABC News has urged a FL federal judge to toss former President Donald Trump‘s defamation lawsuit against ABC News, arguing that statements made by television host George Stephanopoulos regarding writer E. Jean Carroll’s two lawsuits against Trump were true. ABC Asks Judge To Toss Trump’s Defamation Suit – Law360
• A TX judge shifted Anonymous Media Research Holdings LLC’s lawsuit against Roku to federal court in Silicon Valley after deciding that’s a “clearly more convenient” location to try allegations that Roku infringed patented media-monitoring technology. Roku Ad-Targeting Tech Trial Moved To California From Texas (1) (bloomberglaw.com)

FASHION

• Italy’s Competition Authority opened an investigation into some companies controlled by luxury fashion groups Giorgio Armani SpA and LVMH’s Christian Dior over alleged unfair commercial practices. Italy antitrust targets Armani, Dior after worker exploitation probes | Reuters
• Nike has accused The Shoe Surgeon’s growing business of an illegal scheme fraught with counterfeits and unauthorized collaborations. The Shoe Surgeon Responds to Nike Lawsuit: ‘We Are Confused’ – Footwear News
• A judge said that she couldn’t tell the difference between several popular styles of Birkenstock sandals and alleged “knockoff” versions made by White Mountain based on photos, signaling potential trouble for the defendant in a trademark infringement lawsuit by the German footwear-maker. Shoemaker Asks Court To Trim Birkenstock Copycat Claim – Law360
• A CO federal judge has tossed a pair of counterclaims alleging anticompetitive conduct by Crocs in the shoe company’s intellectual property lawsuit against smaller rival Joybees, with the judge concluding that the rival never claimed Crocs said anything untrue or in bad faith. Crocs Dodges Clog Competitor’s Counterclaims In IP Battle – Law360

MEANWHILE, IN HOLLYWOOD…

• Rebel Wilson was hit with a defamation suit in CA state court by the producers of the musical film The Deb, alleging the actress has spread baseless lies accusing them of sexual harassment and embezzling from the film’s budget, without any evidence, and destroyed their reputation and professional careers. Rebel Wilson sued for defamation by ‘The Deb’ producers – Los Angeles Times (latimes.com)
• Just days after taking over the long-running racketeering trial of rapper Young Thug after its last judge was forced out over bias concerns, the case’s new judge said she was stepping down due to one of her former deputies’ romantic involvement with a co-defendant. Young Thug gang trial in Atlanta: 19 months, 6 defendants and now a third judge (ajc.com) It has since been revealed that three defense attorneys hosted a campaign fundraiser in 2022 for the third and latest judge assigned to the case this week, adding yet another potential hiccup to the bench’s game of musical chairs. Young Thug, YSL Trial: Status hearing scheduled, judge’s assignment questioned (fox5atlanta.com)
• The company backing fictional Netflix reality TV personality Dale Brisby accused a fast fashion e-commerce company of ripping off his trademarked logo and catch phrase with caps and t-shirts featuring a stylized duck sporting Brisby’s customary mullet hairstyle, trucker cap, and aviator sunglasses. Netflix Cowboy Cries Foul Over Fast-Fashion Mullet Duck Logo (bloomberglaw.com)