Sports Law Roundup – 7/28/2017

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I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

Here are the top sports-related legal stories from the past week:

  • Soccer fan libel: As first reported by your humble compiler, Deadspin, now part of the Gizmodo Media Group, which is the company Univision purchased in its acquisition of the remnants of the Gawker Media Group following Hulk Hogan’s successful libel lawsuit against that company, is facing another libel action. This time, it’s the much less famous Kevin Cheek, who has sued the website after it ran an article about fans engaging in homophobic chants at the first Atlanta United game that he says included a photograph of him taken at a different game. One potential problem for Cheek: the allegedly offending article contains a single picture, which shows the entire stadium, making it impossible to identify the face of any individual fan. It’s possible– maybe probable, in light of the existence of this lawsuit– that the article originally included a different photograph. If it did, though, it escaped the watchful eye of the Internet Archive, which first captured an image of the article five days after publication. It also is possible that the complaint actually is referring to one of the photographs following the article that are associated with one of the “Recommended Stories,” other Deadspin articles about the MLS. In that cached version of the identified article, two of the three photographs in the Recommended Stories section depict Atlanta United fans. If one of those pictures is the one that includes Cheek, it is unclear why his complaint doesn’t instead identify that article.
  • NASCAR trademark: A trademark dispute between one of NASCAR’s most prominent families will continue following an appellate court ruling that an earlier decision dismissing claims brought by Teresa Earnhardt, widow of Dale Earnhardt, against Kerry Earnhardt, Dale’s oldest son, was deficient. Kerry, whose mother was Latane Brown, Dale’s first wife, is a former driver who made his debut on NASCAR’s top circuit (then known as the Winston Cup) at Michigan in 2000, where the field also included his father and half brother, Dale Earnhardt, Jr. After his retirement from NASCAR in 2007, Kerry and his wife partnered with a custom home design company and subsequently sought to trademark “Earnhardt Collection” for use in that industry. Teresa, who owns Dale Earnhardt, Inc. and other “Earnhardt”-related marks, opposed her stepson’s registration bid. The matter now returns to the Trademark Trial and Appeal Board for further adjudication.

Sports court is in recess.

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