Sports Law Roundup – 9/22/2017

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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:

  • Dominican politics: A court in the Dominican Republic has convicted former MLB player Raul Mondesi on charges of political corruption in connection with his activities as mayor of San Cristobal, his hometown. The court sentenced Mondesi to eight years in prison, fined him the equivalent of $1.27 million, and barred him from holding public office for the next ten years. Mondesi, the 1994 National League rookie of the year, earned over $66 million in his thirteen-year career mostly spent as a member of the Los Angeles Dodgers. Reports indicate Mondesi embezzled funds while serving as mayor of San Cristobal.
  • Penn State child abuse: A court dismissed a defamation lawsuit former Penn State University Graham Spanier filed against Louis Freeh, the former FBI director who investigated the the Jerry Sandusky sexual assault scandal inside PSU’s football program and produced a report of his investigation that named Spanier and served as part of the basis for subsequent criminal charges against Spanier. In June, a court sentenced Spanier to two months in jail and eight months on house arrest following his conviction on a misdemeanor count of child endangerment. That conviction, the judge in Spanier’s defamation case explained, barred the defamation claims, although he observed that Spanier could revive the case if an appellate court reversed his criminal conviction.
  • Three on three on three on three: Ice Cube’s (real name: O’Shea Jackson) Big3 Basketball, a popular three-on-three basketball league for former NBA players with an FS1 television deal, responded to a lawsuit from new rival Champions League by filing a lawsuit of its own alleging that Champions League defamed Big3 by falsely telling investors that the reason Champions League had not yet launched was because Big3 has blocked its players from joining Champions League. Champions League’s previous suit against Big3 alleged that Big3 violated agreements to allow players to play in both leagues.
  • NFL head injuries: A Boston University study on the brain of Aaron Hernandez concluded that Hernandez had “stage 3 CTE.” Initial reports indicated that Hernandez’s family intends to file suit against the NFL and the New England Patriots and, on Thursday, Hernandez’s now four-year-old daughter, Avielle, filed an action against those entities. Her complaint alleges that negligence by the league and team resulted in a loss of parental consortium. Related filings state that she is seeking $20 million. The complaint further states that Hernandez had “the most severe case of [CTE] medically seen in a person of his young age” by the Boston University researchers. According to the complaint, there are four stages of CTE, with stage 3 typically being associated with players with a median age of death of sixty-seven. Hernandez was twenty-seven when he committed suicide.
  • OSU trademark: Oklahoma State University and Ohio State University have settled their conflict over the use of the “OSU” trademark, with both universities agreeing that they may use the mark nationwide. The dispute initially arose after Ohio State sought a trademark for “OSU” and Oklahoma State submitted an objection to the U.S. Patent and Trademark Office claiming that it held rights to that mark. Under their agreement, each school will not use “OSU” in connection with the colors or mascot of the other and will use “Ohio State” and “Oklahoma State” in promotional materials to help avoid confusion. The agreement also includes a non-disparagement provision precluding the schools from using phrases like “wannabe OSU” or “copycat OSU.”
  • Beverly Hills Ninja Bikes: Make Him Smile Inc., a company that owns the intellectual property rights associated with late comedian Chris Farley, sued the Trek bicycle company over its marketing of a “Farley” bicycle designed with fat tires and a fat frame. Trek, the plaintiff alleged, paid nothing for trading on Farley’s name and likeness. The complaint seeks $10 million in damages.

Sports court is in recess.

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