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:
- Football trademark: As predicted (not by me) back in 2015, the Supreme Court heard and now has ruled on a trademark case involving a band called The Slants that has a direct effect on the Washington Redskins, whose trademark registrations were revoked under the same policy applied to The Slants. That policy sought to ban registration of trademarks that were disparaging or offensive, but a unanimous (8-0) Court held that the ban violated the First Amendment. “It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend,” Justice Samuel Alito explained.
- NFL fan access: A Green Bay Packers fan has sued the Chicago Bears because the Bears won’t allow him on the sidelines before games at Soldier Field while he’s wearing Packers attire. The fan is a Bears season-ticket holder who built up enough “points” to receive an award in the form of a pregame warmup sideline experience. Despite his entitlement to that experience under the terms of the Bears season ticket program, the Bears refused to allow him to participate while wearing Packers clothing.
- Daily Fantasy Sports: The inevitable merger between DraftKings and FanDuel announced last November has hit a probably inevitable regulatory hurdle. The Federal Trade Commission has filed a lawsuit in an attempt to block the merger, which, the FTC says, would create a single company that controls ninety percent of the daily fantasy sports market. On Tuesday, a judge granted the FTC a temporary restraining order that halts the merger for now.
- Golf drugs: The PGA has asked a judge to reconsider her May ruling that the tour breached an implied duty of good faith it owed to Vijay Singh in connection with a 2013 suspension the PGA issued to him after he told a reporter he’d used a product called The Ultimate Spray, which contains “velvet from the immature antlers of male deer,” something that supposedly aids golf performance. The PGA’s arguments in support of reconsideration involve evidentiary matters pertaining to witness testimony regarding the financial consequences of Singh’s suspension and the judge’s understanding of whether the PGA reviewed materials from the World Anti-Doping Agency (“WADA”), which maintains the tour’s agreed list of banned substances, to confirm that the spray in fact contained or constituted a banned substance. During Singh’s suspension, WADA issued a public statement clarifying that use of the spray was not prohibited, and Singh argued that the PGA should have confirmed this fact with WADA before it suspended him.
Sports court is in recess.