K&C Sports & Entertainment Law Weekly Roundup (November 7, 2023)

Sports:

• A Florida federal court has shipped an antitrust lawsuit between trading card companies Fanatics and Panini, ruling much of the activity at the center of the dispute occurred in New York. Panini filed suit accusing Fanatics of trying to monopolize the trading card business by buying up competition, stealing employees, and locking in long-term competition with major sports organizations. Judge Shifts Trading Card Rivals’ Antitrust Showdown To NY – Law360
• Seminole Tribe leaders announce plan to roll out sports betting at their casinos in December – a first step in what could be a major expansion of gambling in Florida triggered by a go-ahead from the U.S. Supreme Court. Seminole Tribe of Florida to begin sports betting at casinos next month – Tampa Bay Times

NCAA

• NCAA sued by two brothers claiming they were unfairly barred from playing competitive team basketball based on compensation they “lawfully received in exchange for the use of their name, image, and likeness” before they enrolled this year at Chicago State. NCAA hit with antitrust lawsuit in US court over ‘amateurism’ rules – Reuters
• California judge certifies three classes of athletes challenging NCAA restrictions on their name, image, and likeness rights. This classification could put the NCAA on the hook for billions in damages. NCAA Faces Billions In Damages As Judge Forges NIL Class – Law360

MLB

• Attorney for former New England Sports Network Vice President accused of embezzling almost $600,000 from the broadcaster of Boston Red sox games through a shell company told the jury on Tuesday that the money was actually compensation to keep the VP (Ariel Legassa) from leaving. Ex-Red Sox Network VP Tells Jury ‘Embezzlement’ Was Comp – Law360
• MLB avoids SCOTUS review of its century-old antitrust exemption by settling a series of legal fights stemming from its decision to eliminate a slew of its minor league teams. MLB Avoids High Court Antitrust Scrutiny With Settlement – Law360

NFL

• Texas federal judge throws out lawsuit accusing Dallas Cowboys owner Jerry Jones of defaming a woman who claims to be his daughter, dismissing the bulk of her claims but giving her the opportunity to amend her allegation that statements made in an ESPN article were defamatory. Cowboys’ Jerry Jones Defeats Defamation Claims, For Now – Law360
• Mississippi federal judge dismissed Brett Favre’s defamation lawsuit against Shannon Shape, finding “no reasonable person listening to the broadcast would think that Favre actually went into the homes of poor people and took their money….” Brett Favre’s Defamation Lawsuit Against Shannon Sharpe Dismissed by Judge – Bleacher Report

UFC

• The Ninth Circuit declined to take on an appeal from the UFC challenging the class certification granted to a group of UFC fighters accusing the organization of repressing their wages to the tune of more than $1 Billion. 9th Circ. Won’t Hear UFC Appeal Of Fighter Wage Class Cert. – Law360

PGA

• The PGA Tour has turned down a bid by Endeavor to form a strategic partnership with the WWE, UFC and various sports agencies including IMG Academy. PGA Tour turns down a bid by Endeavor to form strategic partnership – NBC Sports

Entertainment:

MUSIC

• The identity of jurors in the criminal racketeering trial against rapper Young Thug must be protected from public disclosure, the Atlanta judge overseeing the case has ruled. Juror Identities Protected In Young Thug Trial – Law360
• Mariah Carey and Sony Music Entertainment are accused, once again, of infringing a musician’s copyright with annual Christmas hit “All I Want For Christmas Is You,” according to a $20 million suit filed in California federal court. Mariah Carey Hit With Refreshed IP Claims Over Christmas Hit – Law360
• Two founding members of Canadian rock band The Guess Who have sued two other original members of the band, claiming that they hired a group of musicians to tour and record new music using the band’s name and trademark without permission. Cover Band Faces TM Suit From Original Band Members – Law360
• Litigators are preparing for the first plaintiffs in the multidistrict litigation to head to trial next year as the deadline for new litigation relating to the 2021 Astroworld incident nears. 2 Years After Astroworld, What To Know About The MDL – Law360

TV & MOVIES

• A CA judge has thrown out all claims and counterclaims between a producer of the film Gone in 60 Seconds and racing legend Carroll Shelby’s company over the rights to the film’s car after finding no wrongdoing on either side. ‘Gone In 60 Seconds’ Race Car Trial Ends In Tie – Law360
• The deal reached by the Writer’s Guild of America and the Alliance of Motion Picture and Television Producers hinges upon how AI is permitted to be used in TV and movie production. Using AI in film and TV production | Gowling WLG

ART & FASHION

• The company that operates popular discount retail app Temu launched trademark infringement claims Monday against 20 website domains that have allegedly offered counterfeit apps, coupon codes and more to consumers who may not know they’re interacting and shopping with unauthorized fakes. Temu Lodges Trademark Suit Aimed At Fake Sites, Promotions – Law360
• A CA federal judge has dismissed all but one claim from a proposed class action by artists accusing companies behind AI art software Stable Diffusion of using their works to train the program, saying the complaint “is defective in numerous respects” but giving the plaintiffs a chance to amend their suit. Stability AI, Other Cos. Escape Most Of Artists’ IP Suit For Now – Law360
• A VA federal judge has awarded one of the grandsons of a White House press secretary ownership of a trove of Norman Rockwell illustrations, concluding a family dispute over who inherited the art that was allegedly hidden inside the White House. Judge Awards Sole Ownership In White House Art Suit – Law360
• Comic book artist and “Sin City” creator Frank Miller told a GA federal judge that he has reached a settlement with the widow of a DC Comics editor he had accused of refusing to return unique artwork that he created in the 1980s. ‘Sin City’ Creator Strikes Deal With DC Comics Editor’s Widow – Law360
• An MI art gallery accused of altering and selling copyrighted images of David Bowie owes the photographer’s archive $460,000 after a federal judge scolded it for not participating in the archive’s lawsuit. Art Gallery Must Pay For Altering David Bowie Photos – Law360

BOOKS & VIDEO GAMES

• The 9^th Circuit has ruled that a celebrity choreographer plausibly alleged his choreography shared “substantial similarities” with the animated dances Fortnite characters perform, reversing the dismissal of the choreographer’s copyright lawsuit against Epic Games. Fortnite Dance Copyright Suit Against Epic Back On The Floor – Law360
• Amazon is heading to federal court to go after what it labeled “a ring” of scammers from Pakistan and the U.S. accused of using Amazon’s branding to trick self-published writers with the promise of getting promoted by the Kindle Direct Publishing platform. Amazon Sues Alleged Scammers Of Self-Published Authors – Law360

MEANWHILE, IN HOLLYWOOD…

• Robert De Niro took the witness stand to defend himself against gender discrimination and wage claims brought by Graham Chase Robinson, a former executive of his production company, after an attorney for the plaintiff said during opening arguments that there was “no employee more loyal” to the actor. De Niro Takes Stand As Ex-Staffer Brings Bias Case To Jury – Law360
• The 6^th Circuit has reversed a TN federal judge’s dismissal of a defamation case against Kathy Griffin for lack of personal jurisdiction over social media comments that led to a plaintiff’s termination, noting that Griffin repeatedly emphasized the plaintiff’s TN residence and pressured his Nashville-based employer to fire him. 6th Circ. Revives Defamation Suit Over Kathy Griffin’s Tweets – Law360