The Colts’ “12th Man” Lawsuit Response Due Monday: [Update: The Colts have waived service on the Complaint, which buys them an additional 30 days to answer the Complaint. Response now due 1/11/16] About a month ago, Texas A&M University sued the Indianapolis Colts in Texas federal court alleging improper use of their “12th Man” trademark in the stadium and on selected merchandise. TAMU similarly sued the Seattle Seahawks in 2006 for unlawful use of the phrase. In that case, the parties agreed out of court to a licensing agreement (that does not extend to selling merchandise) where Seattle would pay TAMU $5,000 per year in order to be able to use the mark.
We will keep you up-to-date on how the Colts respond. Read the Complaint here.
Plaintiffs Response to MLB’s Motion to Dismiss Foul Ball Class Action Due Monday: Earlier this year, a proposed group of plaintiffs sued Major League Baseball and every MLB team in a California federal court class action. The suit alleged that MLB has done too little to protect fans from foul balls and splintered bats and that netting is needed all of the way down the 1st and 3rd base lines.
The MLB countered by filing a motion to dismiss the Complaint, arguing that: (1) the Plaintiffs lack standing because they have never actually been injured; (2) the Court lacks jurisdiction over every team located outside of California; and, (3) the Plaintiffs assumed the risk of all injuries by attending the games.
New York Daily Fantasy Sports Ruling Aftermath: Despite losing a monumental ruling in New York state court last Friday, there is actually MORE daily fantasy sports operating in New York this week than last. Here is how it went down:
- New York state court Judge Manuel Mendez ruled that DFS constitutes illegal gambling in New York and granted a preliminary injunction against FanDuel and DraftKings, effectively shutting down their operations in New York.
- FanDuel and DraftKings immediately filed a notice of appeal and a request to stay the trial court’s injunction. The request for stay was granted, which lifted the court’s preliminary injunction and allowed DFS operators to continue operations.
- FanDuel, which had shut down operations in NY for the last couple weeks (DraftKings continued accepting entries throughout the legal proceedings), began accepting NY entries again on Friday night.
Therefore, even though FanDuel and DraftKings lost the first battle in this war, they both remain open for business in NY. No dates have been set for the appeal but expect more action in the next 30-60 days.