K&C Sports & Entertainment Law Weekly Roundup (November 14, 2023)

Sports:

• The New York sportscaster known for calling horse races claims HBO and parent company Warner Bros. intentionally used a very similar version of his trademarked catchphrase “And down the stretch they come” in an episode of “Perry Mason.” HBO Copied Catchphrase In ‘Perry Mason,’ Sportscaster Says – Law360
• Two Florida casino operators have urged the state’s highest court to immediately stop the Seminole Tribe from relaunching its online sports betting app after a favorable U.S. Supreme Court decision, arguing the tribe still doesn’t have the right to offer off-reservation mobile betting. Casinos Push To Stop Tribe’s Online Sports Betting – Law360
• A California federal judge held that Disney must face a trimmed putative class action alleging it intercepted data from ESPN website users, tossing the plaintiffs’ bid for nationwide class but leaving proposed California and Pennsylvania class claims intact. Disney Trims But Can’t Toss Privacy Suit Over ESPN Website – Law360
• Despite reaching a settlement in 2021 to end a long-running battle over sneaker patents, Nike sued Sketchers in California federal court, again accusing its rival of infringing its Flyknit shoe technology, the same day Nike filed a similar suit against New Balance in Massachusetts federal court. Nike Laces Up For Another Flyknit Patent Battle With Rivals – Law360
• Livestock show and rodeo told a Texas state judge that a Nevada case its insurer cited in a letter to the court adds nothing to the court’s analysis of pending summary judgment motions in a COVID-19 coverage fight. Rodeo Says Insurer Cites Case Of No Value In COVID Suit – Law360

NCAA

• Jim Harbaugh, head coach of the University of Michigan football team, asks Michigan court for a temporary restraining order that would hold off the three-game suspension he received for allegations of sign stealing. Harbaugh Sues To Block Suspension Over Scouting Scandal – Law360

MLB

• Tribune Media Co., former owner of the Chicago Cubs, should be subject to tax on $425 million in “senior debt” issued by outside parties to finance its 2009 disguised sale of the Cubs franchise to Chicago Baseball Holdings, the federal government told the Seventh Circuit. Cubs’ Ex-Owner Subject to Tax on $425 Million, IRS Says – Bloomberg
• The bankrupt owner of Bally Sports-branded regional networks objected to MLB’s bid to force it to accept or reject television broadcast rights deals for the 2024 season, arguing that it will make a decision on which agreements to terminate by the end of the year. Bally Sports Parent Says MLB Contract Demand Is Premature – Law360

NFL

• Junior Galette, former NFL linebacker, cannot proceed with his race discrimination suit against NFL commissioner Roger Goodell, Eleventh Circuit says. The court rejected Galette’s attempt to revive his claims that the NFL blacklisted him for exercising his First Amendment rights by referring to his contract offers as “slave deals” on social media. NFL Ex-Linebacker Can’t Revive Race Bias Suit At 11th Circ. – Law360
• A Florida lawyer who admitted to defrauding former NFL players out of $4 million they had received from a concussion settlement has been sentenced to 14 years in prison. Lawyer who preyed on NFL players gets 14 years in prison – Reuters

NBA

• Will Bynum, former Detroit Pistons point guard, took the stand in his own defense on health care fraud charges, telling a Manhattan federal jury that another former NBA player falsely claimed to be working for the player’s union and persuaded him to submit false invoices to the league’s benefit plan. Ex-NBA Guard Takes Stand In Health Care Fraud Defense – Law360

GOLF

• A Manhattan judge refuses to let golf legend Jack Nicklaus escape a preliminary injunction barring him from completing commercial endorsements while he litigates the terms of a $145 million intellectual property sale, saying the pro golfer’s evidence fails to show an injunction is appropriate. Jack Nicklaus Can’t Ink Endorsements With IP Row Pending – Law360

Entertainment:

MUSIC

• An MI federal judge appeared skeptical that the estate of a Parliament-Funkadelic keyboardist could go after a music royalty distributor for additional payouts without first establishing that it had an ownership stake in the band’s songs. Funkadelic Member Meets Judge’s Doubt In Royalty Dispute – Law360
• Music producer Drew Dixon claims record executive Antonio “L.A.” Reid sexually assaulted her when she worked for him at Sony Music Entertainment’s Arista Records and threatened her career if she didn’t acquiesce to his sexual demands, according to a lawsuit filed in NY federal court. Music Exec. L.A. Reid Accused Of Producer’s Sexual Assault – Law360
• A musician claimed in a NY state lawsuit that the former president of the Recording Academy, the group behind the Grammy Awards, drugged and sexually assaulted her in a Manhattan hotel room while accusing the Academy of ignoring the executive’s “sexually assaultive behavior.” Ex-Grammys CEO Accused Of Drugging, Raping Musician – Law360
• The judge overseeing the criminal racketeering case against rapper Young Thug and others said during a hearing that a jury will be able to hear some of the rapper’s lyrics, which the prosecution argues will help prove that the defendants were part of an Atlanta gang. Young Thug Lyrics Admissible In Gang Trial, Ga. Judge Rules – Law360

FASHION & ART

• Tapestry Inc., the parent company of Coach Inc. and Kate Spade, and Capri Holdings Ltd., owner of designer brands Michael Kors and Jimmy Choo, revealed in separate SEC filings that the FTC is probing their planned $8.5 billion merger. FTC Probing Coach, Jimmy Choo Parents’ $8.5B Merger Plans – Law360
• Retailer Steve Madden has disputed a lawsuit accusing it of infringing trademark registrations owned by Dr. Martens for its famous boots, saying Dr. Martens was trying “to bully competition.” Steve Madden Hits Back At Dr. Martens TM Suit – Law360

TV & MOVIES

• Former NFL player Michael Oher received more than $138,000 in proceeds from the movie The Blind Side as agreed on by the Tuohys, the family’s attorneys told a TN probate court judge as part of an accounting filed in Oher’s suit over money he said was withheld while he was unknowingly under their conservatorship. ‘Blind Side’ Family Says Player Got $138K In Movie Proceeds – Law360
• A TX state attorney pressed the 5^th Circuit to let a prosecutor’s child porn case against Netflix proceed, telling a panel that a federal court wrongly found the district attorney filed criminal charges against the streaming giant in bad faith. Netflix Child Porn Case Raises DA Bad Faith Probe In 5th Circ. – Law360
• Paramount traded blows with the family of a writer for source material of Top Gun in dueling motions for summary judgment in a CA federal court lawsuit accusing the entertainment giant of infringing on copyrighted material in the sequel Top Gun: Maverick. Paramount, ‘Top Gun’ Story Heirs Trade Fire In IP Dogfight – Law360
• A FL jury has awarded the family of Maya Kowalski, the child at the center of the Netflix documentary Take Care of Maya, roughly $261 million, including $50 million in punitive damages, from Johns Hopkins All Children’s Hospital for mistreating Maya to the point that her mother took her own life. Jury Awards Maya $261M For Hospital Mistreatment – Law360

PUBLISHING

• The publisher of Mark Meadows’ memoir has sued him, saying his reported statements to federal investigators contradict his book’s assertion that Trump was the true winner, putting Meadows in breach of his publishing agreement. Mark Meadows’ Publisher Says He ‘Lied’ In Book – Law360

MEANWHILE, IN HOLLYWOOD…

• SAG-AFTRA announced that it has approved a tentative agreement with major studios, ending the nearly four-month-long strike by Hollywood actors. Actor Strike Ends: SAG-AFTRA, Studios Reach Tentative Deal – Law360
• Robert De Niro was found not liable in a former aide’s gender bias trial, but the Manhattan federal jury ordered the actor’s production company to pay $1.26 million for discriminating and retaliating against the plaintiff. De Niro Cleared, Production Co. Owes $1.2M In Bias Trial – Law360
• Controversial actor Russell Brand allegedly sexually assaulted a woman who ​​​​​​worked on the set of the 2011’s Arthur, and Warner Bros. did nothing to protect her and other women from the actor’s drunkenness and sexually inappropriate behavior, according to a lawsuit filed in NY. ‘Arthur’ Extra Says Russell Brand Sexually Assaulted Her – Law360
• British actress Naomi Watts told a DE court that bankrupt biochemical company Amyris Inc. owes her $270,000, not $0, for her work as the chief creative officer of Stripes, a perimenopause wellness brand founded by Watts and owned by Amyris. Naomi Watts Says Amyris Owes Her For Work on Wellness Co. – Law360
• A CA federal judge indicated that he will dismiss with leave to amend part of a copyright suit against Meta brought by Sarah Silverman and two other authors over Meta’s AI product LLaMA, including a claim for vicarious infringement the judge called “clearly meritless.” Meta Close To Trimming Sarah Silverman’s AI Copyright Suit – Law360