Quiaodan aka “Chinese Jordan” files suit against Jordan Brand for damaging its reputation after Jordan Brand won initial case in Chinese courts

“Chinese Jordan sued U.S. Jordan infringement! Claim 1 million 100 thousand yuan!”

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Beijing on July 19th news, between China Jordan sports company and U.S. basketball star Michael Jordan is the United States after renewed strife, Jordan sued Chinese Jordan, and recently, China Jordan will Jordan taken to court, claims 1 million 100 thousand yuan.

Event background:

China Jordan sports company is the Thirteenth National Official partners, a letter of attorney and U.S. basketball star Michael Jordan authorized lawyers issued to the Tianjin Municipal Sports Bureau and the National Committee of the China Jordan company that the lawyer’s letter. The famous reputation infringement, so Michael Jordan and his authorized court lawyer claims.

Beijing court network published the case that:

Michael Geoffrey Jordan (Jordan) authorized Shanghai Fangda (Beijing) law firm (hereinafter referred to as Beijing Fonda) to the Tianjin Municipal Sports Bureau, the Thirteenth National Games Organizing Committee issued a lawyer’s letter, recently, Jordan sports Limited by Share Ltd (hereinafter referred to as the Jordan sports company) and Jordan renewed strife. Because of that letter structure reputation infringement, Jordan sports company Jordan, Fonda Beijing to court to stop infringement, apology, rehabilitation, and claim the spirit of solatium, 1 million 100 thousand yuan rights fee.

Jordan sports company complained: “our company was established in 2000, and has been operating for nearly 17 years. After more than 10 years of development, it has become a well-known sports brand enterprise in china. The main use of the company’s “Jordan” brand and products, has been identified as the national “well-known trademark”, “Chinese brand”, “national Mianjian products”, our company for many years to obtain national and provincial honors, was awarded the “2013 national market sales of similar products in the top four, similar products for the year 2014 comprehensive market share of top five” hundred awards.

In addition, I also actively support the construction and development of sports events, to become partners, sponsoring sports equipment support for a number of national and provincial and municipal sports team, a positive commitment to social responsibility, the cumulative donations of more than two hundred million yuan, enjoy a high reputation, and establish a good social image.

Our company registered and used Jordan, QIAODAN and related graphics trademarks, of which the main use of the “Jordan” trademark was identified as “well-known trademarks” and “Fujian province” well-known brands”.

In June 1991, Jordan authorized Nike innovation limited partnership to apply for the registration of “MICHAEL JORDAN” and related graphics trademarks. However, Jordan has interfered with our company’s operation, and brought 78 malicious lawsuits against our registered trademark, which has led to serious economic losses and adverse effects on our company.

In February 9, 2017, Jordan authorized Beijing Fonda to the Tianjin Sports Bureau and the Thirteenth National Games Organizing Committee market development department issued a lawyer’s letter. Jordan sports company believes that the lawyer’s letter to the objective facts and judgment error description and summary, misleading court judgments for malicious content, the company made disparaging comments or even malicious slander, in an attempt to make the Tianjin Municipal Sports Bureau and the National Games Organizing Committee to terminate the cooperation between the two sides; the lack of professional Beijing Fonda and rigorous, misleading, damage the company’s reputation confuse right and wrong.

Jordan sports company said, Jordan has filed 78 cases of trademark disputes administrative disputes, as of the date of the letter issued by the lawyer, only 3 cases, the judge, the jury re decision, and the remaining cases Jordan lost. But the lawyer’s letter deliberately misled others into thinking that our company’s trademark had been completely revoked.

In these cases, there are 57 cases have been ruling the Supreme People’s court for retrial, to maintain the high court of Beijing decision, Jordan dismissed the application for retrial, these cases involve the trademark system I use the Jordan characters, Pinyin and graphic trademarks, including the use of the trademark in the national games. The ruling confirmed my company registered trademark “Jordan” and the elements do not exist on the negative, the negative impact of the social public interests and public order, do not belong to disturb the trademark registration order or damage the public interests, illegal occupation of public resources or otherwise seek illegitimate interests; Jordan does not enjoy the name right on the graphics and “QIAODAN”.

In addition, there are 10 cases by the Beijing High Court of second instance, has rejected Jordan’s appeal and upheld the original verdict; 8 cases are in the trial, but the second instance is the high court of Beijing Jordan dismissed the appeal and upheld; the other 3 cases the Supreme Court ruling only judges to make a new ruling, three trademarks and relates to only my company registered “defensive trademark”, does not use in the management of trademarks, will not be used in the games.

Jordan Fonda Beijing issued by the authorized lawyer’s letter did not explain the overall situation of litigation, the bad judgment to conceal the Supreme Court, the high court to Beijing, causing people mistakenly think that all of our trademarks are convicted of revocation, related to trademark use will lead to suffer adverse effects in the games the National Games, the lawyer’s letter misinterpreted the contents of the judgment of the Supreme Court, which seriously misleading, has obvious subjective malice. For example, Jordan sports company said in the indictment, the lawyer’s letter will trademark administrative dispute called trademark revocation case, the judges will be required to make a new ruling verdict that is due to the registered trademark name right infringement shall be revoked. Jordan sports company believes that the above statements one concept, third party, have lost seriously misleading the professional legal services should be in violation of the provisions of the “and rigorous, the Beijing Lawyers Association standard practice guidelines” No. sixth, severely damaged the reputation of the company, the company legal failure and third parties, against the legitimate rights and interests.

To sum up, Jordan sports company believes that the existence of a large number of letters inconsistent with the facts, does not comply with the Supreme Court, the Supreme Court judges will referee one concept, deliberate misinterpretation, misleading for the judgment of the court, and many of the company’s disparaging evaluations and even malicious slander, damage the company’s reputation. The lawyer’s letter is issued, the third party has the relevant matters concerned, inquiry, leading to social evaluation of the company decreased, suffered huge losses, it is taken to court, asked Jordan, Fonda Beijing to immediately stop the infringement, withdraw the lawyer’s letter, a public apology, restore reputation, eliminate the influence, and compensation for mental solatium 1 million yuan and 100 thousand yuan rights fee.

It is reported that Beijing Chaoyang Court has formally accepted the case. At present, the case is under further investigation.

http://www.bestchinanews.com/Sports/16106.html,  2017-07-20 00:53:28

 

 

USA Today explores D. Wade’s “World of Wade” Brand by Li Ning

Dwyane Wade has quietly built the most eclectic brand in sports by going his own way

NEW YORK — Dwyane Wade insists this wasn’t all planned. He’s sitting across the table from a display of his wares, the eclectic mix of ties, basketball shoes, socks and leisure wear that he’s created and imprinted as part of his brand. He’s wearing a tailored suit with a bold collar bar that sets everything off. He’s already taken the photo that he’ll later post to Twitter — but not Instagram.

This wasn’t all planned, the 35-year-old says. And how could it be?

But, how couldn’t it be?

The Chicago Bulls guard is sitting in the offices of Rubenstein, the famed New York public relations firm. Wade is the only athlete represented by the firm. He might tell you he didn’t know that, and it might be true.

Wade was the first NBA player to sign with Stance, probably the first ever to sign a sock deal separate from his shoe deal. Not the last. Stance hadn’t even begun to negotiate with the NBA at the time, but it now outfits all 30 teams with their on-court socks. Wade still has his own line with the company. Dress socks, not basketball socks.

They match his ties. That deal is with Tie Bar, where he’s the only athlete with his own line. He’s the only NBA player partnered with Mission apparel, where he is listed second on the brand’s athletes page — behind only a fellow equity partner, the iconic Serena Williams. And the shoes? Those are Li-Ning, the Chinese company that gave Wade enough money and freedom that he left Nike’s Jordan Brand imprint. Ten NBA players wore Li-Ning last season, and seven of them wore Wade’s signature shoes. He also created a capsule collection with designer brand Dsquared2.

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These things weren’t all planned, exactly. Wade wasn’t setting out trying to create a fashion empire, the one that now has been brought together in a partnership with Amazon Fashion. He’s the first athlete to partner with Amazon Fashion in this way, of course. Exclusivity is part of the Wade brand. He’s eschewed many of the normal channels to create a diverse portfolio, emphasizing partnerships over traditional endorsements.

“What you’re trying to do is set up a brand that is lifelong, like Michael Jordan,” Wade says. “Eight years ago — around when I turned 27— I started thinking different. It was crazy because I was right at the height of my career. That’s the prime, that’s it. But at that moment, I started thinking differently. I started thinking about life after. I started thinking about what moves I can make, what positions can I put myself in to give myself an opportunity.”

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Eight years ago was 2009. Wade had led the NBA in scoring, averaging 30.2 points, 7.5 assists, 5.0 rebounds, 2.2 steals and 1.3 blocks a game in the best individual season of his career. He also was a year removed from the 2008 Summer Olympics, when he and close friend LeBron James began discussing the partnership that would rock the NBA world in 2010.

This wasn’t all planned, no, but Wade can’t deny the synergy. If he hadn’t won a championship in his third NBA season, would he have been willing to ride shotgun in his eighth? If he hadn’t brought James to Miami, would he have two more rings? If he hadn’t won those three rings, would a respected brand let him design a “Camo Conspiracy” tie?

“Everything has to work perfectly for things to work out,” Wade says. “For me, getting drafted to Miami, a sexy — even though it’s not the biggest — market, everyone knows Miami. Then I’m playing with (Shaquille O’Neal), one of the biggest entrepreneurs and personalities, really has his DNA in everything he’s doing, who I learned from. Everything worked perfectly. It’s all part of the journey.”

So it couldn’t have been planned, not exactly. But Wade took risks — like the chance of losing his “cool factor,” by joining Li-Ning, he says —and positioned himself with these companies in a way that gives him the unique ability to express himself. He’s important to Mission’s “athleisure” brand in a way that he couldn’t be with Nike, important to Stance in a way that he wouldn’t be if he were just joining.

“Dwyane Wade could not be a better partner,” a Stance spokesman wrote in an email statement to For The Win. “No matter the need — an idea, a meeting, a social post, a photoshoot, etc — he can always be counted on, and all of that hard work has played a significant role in Stance’s growth over the past few years.”

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Wade has set himself up for a future that seems to be coming quickly, one where he’s simply not an NBA superstar anymore. He was not selected for the All-Star Game for the first time since his rookie year last season. He is aware that he’s moving closer to retirement than his prime.

Moving his family — Wade’s wife is the accomplished actress Gabrielle Union, and he has three sons and custody of a nephew— back to his hometown of Chicago to show them his roots is all part of this plan. Yet it couldn’t be planned because he never intended to leave the Heat. Family is crucial to Wade, who wrote a book about fatherhood not long after getting custody of his oldest two sons. It’s as much a part of his brand as the Way of Wade sneakers. But the synergy finds its way into those worlds, too — and not simply in how he uses his nephew as a measuring stick for his latest sneaker patterns.

“I’m very open with my kids,” Wade says. “I sat down with my son. My son loves basketball, and he could play basketball, and hopefully for him, his goal and dream becomes a reality and he becomes a basketball player in the NBA. But the thing I told him was, I’m building a brand. And I’m building a Wade brand. So in a sense, I’m building this for you. In a sense, if that day comes in five years, and we’re having that conversation, I already went through all the tough stuff. I’m building it for you to take over. You won’t have to come into it new like the Balls are doing. I’ve already went through 10 years of the bullcrap. So I let him know, I will sign you to a shoe contract if you’re good enough.”

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On the court, Wade is entering a pivotal season. He opted into the second year of his two-year, $47 million contract despite knowing the Bulls were going through a rebuilding phase. He’ll likely be the only player over 30 on the team, and he may even be waived before the season ends, allowing him to possibly rejoin James with the Cleveland Cavaliers. After that, who knows?

Perhaps that’s why he’s chosen to enjoy himself now. He and Union have shown the world their beautiful vacations through social media. He’s cracked wise at former teammates, shut down Twitter trolls and embraced the idea of mentoring the Bulls’ youth. Moments like announcing a partnership with Amazon Fashion feel like a victory lap in the middle of an unfinished race.

“Thumbs up — 27-year-old me would give two thumbs up to 35-year-old me,” Wade says. “You took some risks, you did some things that were unpopular at the time. And maybe in five years, I’ll give it even bigger thumbs up, but I’m definitely happy with me doing it the way I’m going to do it. I got out of line a little bit, and I’m happy with it because it’s me.”

By:  | USA Today | Sports | For the Win | http://ftw.usatoday.com/2017/07/dwyane-wade-amazon-fashion-li-ning-shoes-way-of-wade-6-stance-socks-tie-bar-mission | July 12, 2017 1:46 pm

 

“Chris Paul provides a missing ingredient to Houston Rockets’ roster”

✅ Chris Paul joins forces with fellow All-Star James Harden in Houston.

harden cp3

Chris Paul provides a missing ingredient to Houston Rockets’ roster while James Harden remains face of franchise, Paul’s ability to lead will be instrumental to success.

James Harden is the face of the franchise and the Rockets will re-emphasize that later this summer when they give him another contract extension worth more dollars than he has whiskers on his chin.

He is the Rockets’ leading scorer, an offensive savant who can shoot, drive, swivel, dance, act or bully the ball into the bottom of the net all on his own.

He can find open teammates in traffic and set them up with open shots due to his willingness and uncanny ability to pass, not to mention that he draws defenders like metal filings to a magnet.

He will make you shake your head in wonderment one trip down the floor with a twisting, turning, hips-go-this-way-and-long-arm-the-other drive and make your eyes bug out of your head the next time with a step-back 3-pointer that might be launched from just over the county line.

But in five All-Star seasons in Houston what Harden has not been is the kind of transcendent player who lifts his team up to the next level as a true championship contender.

A leader.

Enter Chris Paul, the best pure point guard in the traditional sense of the past decade, to duplicate many of the ball-handling and distributing tasks that Harden performed last season with numbers that made him a runner-up to Russell Westbrook in the MVP balloting.

Oh, let the mad scientist Mike D’Antoni worry about how to split the ball and the time and the roles to make it all work. The 2017 Coach of the Year has never met an offensive puzzle that he can’t solve and usually makes the tweaks or radical moves — i.e. Harden as full-time point guard — that are so off-the-wall brilliant and simple that you wonder why nobody else thought of them before.

How will James Harden, Chris Paul coexist?

Just figure that by the time New Year’s Day rolls around, Mad Mike will have the Rockets moving and scoring the ball at a rate that will test the limits of your calculator.

But the real test will be whether the Rockets are still alive in the playoffs when Memorial Day arrives in late May.

That’s where Paul comes in. If there’s a deeper reason for his presence in the Rockets’ lineup, it is to be the burr under the saddle that perhaps uncomfortably drives Harden to a loftier place.

Rockets GM Daryl Morey is thrilled to have the “league’s best two playmakers.”

General manager Daryl Morey, of course, is far from done with all of his wheeling and dealing attempts. He’ll be right there chasing Carmelo Anthony, Paul George, Paul Millsap, Kyle Lowry and maybe the ghost of George Mikan in his usual spaghetti-plate-against-the-wall style to find something that sticks.

That worked in 2013 when Morey convinced Dwight Howard to join the Rockets and got them to the Western Conference finals in 2015 after, coincidentally enough, Paul’s L.A. Clippers did a swan dive off a 3-1 series lead.

It was an unexpected playoff run that ended with Harden worn out and spent physically and emotionally, turning the ball over a record 12 times in the last game and dribbling himself right into the floor on the final possession. Then last season ended in a similarly dubious fashion for Harden when he no-showed at home against the Spurs without Kawhi Leonard and Tony Parker, not even taking his first shot until 18 minutes into the elimination Game 6.

The Harden and Howard partnership disintegrated beneath the weight of a passive-aggressive personality conflict that to this day neither will own up to publicly. Both wanted to be known as the leader, yet neither was/is capable.

Harden’s 2016-17 season of solo virtuosity ended with a 2-for-11, six-turnover flameout and a hurried sprint into summer leaving his teammates holding the bag and still not facing up to the questions about what happened. The image left was that he surrendered.

No one has ever accused Paul of surrender. Even though his own resume still does not include a single game played past the second round of the playoffs, his reputation on the court and in the locker room is as a bulldog, a martinet. He holds teammates responsible for missed assignments during games and in practices. His back pats and pep talks are outnumbered by his in-your-face confrontations on the court and chewing out of slackers in the locker room. Yes, he’ll probably mention it when Harden lets his man sail in for a layup.

For all the burden that will be unshouldered not having to start and finish so much of the offense, Harden will have to carry a different load of a teammate — a friend that he says he respects — expectations.

The Rockets can still call themselves Harden’s team, if it makes everybody feel good. But there’s a new boss that they can only hope makes him better.

Chris Paul provides a missing ingredient to Houston Rockets’ roster

While James Harden remains face of franchise, Paul’s ability to lead will be instrumental to success

Fran Blinebury | NBA.com

Jun 29, 2017 8:09 PM ET

Sports Agent Blog’s NBA Draft ’17 Recap

2017 NBA Draft Recap: Excel Sports Is Number 1 For The Second Straight Year

Cameron Ballard Portfolio (1)

Top 5 Agencies of the 2017 NBA Draft

  1. Excel Sports Management
  2. Priority Sports
  3. CAA
  4. Wasserman
  5. ASM Sports

Honorable Mention: Octagon

Top 5 Agents of the 2017 NBA Draft

  1. Andy Miller – ASM Sports (4 clients drafted including one first-round pick at #16)
  2. Jeffrey Wechsler – 24/7 Sports Management (2 clients drafted at picks #3 and #6)
  3. Jeff Schwartz – Excel Sports Management (2 clients drafted at picks #11 and #22)
  4. B.J. Armstrong – Wasserman (2 clients drafted at picks #4 and #43)
  5. Happy Walters – Catalyst Sports (2 clients drafted at picks #5 and #42)

Honorable Mention: Aaron Mintz – CAA (2 clients drafted at picks #12 and #38)

Highlights

  • Excel Sports Management had 6 clients drafted including four first-round selections and three top-twenty picks
  • Priority Sports had 6 clients drafted including three first-rounders and one top-ten pick
  • CAA had 5 clients drafted with four first-rounders all going in the top-twenty picks including one top-ten pick
  • Wasserman had 5 clients drafted including two first-round picks with one going in the top-five and both in the top-twenty
  • ASM Sports had 5 clients selected including one first-round pick
  • Octagon had 3 clients drafted including two first-round picks
  • BeoBasket had 3 clients selected
  • 24/7 Sports Management had 2 clients drafted including a top-five and a top-ten pick
  • Tandem Sports + Entertainment had 2 clients with both going in the first-round
  • Catalyst Sports had 2 clients drafted including one top-five selection
  • Roc Nation Sports had 2 clients drafted including one first-round pick
  • Young Money APAA Sports had 2 clients drafted
  • Goodwin Sports Management had 2 clients selected

By: Sports Agent Blog | Writer: Cameron Chung – June 24, 20170

 

2017 NBA DRAFT: NBA Inside Stuff – Jayson Tatum Interview/Trains w/ Grant Hill (#DUKE)

2017 NBA DRAFT  |  NBA TV  |  NBA Inside Stuff

Duke great Grant Hill spends a day with Jayson Tatum (former Duke standout freshman) as he prepares for the 2017 NBA Draft.  Drafted 3rd to the Boston Celtics, he was a Top-5 projected NBA prospect, an agile SF who scores with ease. He can get a bucket at all 3 levels, and he proudly considers himself “high character.”

Best of luck young man!

Jayson Tatum Interview/Trains w/ Grant Hill (#DUKE)

NBA TV Inside Stuff

Claiming evidence tampering in murder of Michael Jordan’s father, attorneys seek new trial

 

Attorneys for a man serving life in prison for the murder of Michael Jordan‘s father are asking for a new trial, saying someone tampered with the dead man’s shirt after his autopsy.

The autopsy found no hole in James Jordan’s shirt that corresponded with the bullet wound in his upper right chest area, but an agent with the State Bureau of Investigation later contradicted that on the witness stand, according to the lawyers’ filing in North Carolina‘s Robeson County Superior Court.

“This newly discovered evidence of tampering adds to the growing list of legal concerns and factual evidence which add weight to the conclusion that not only does Daniel Green deserve a new trial but that he is innocent of the murder of James Jordan,” said Chris Mumma, executive director of the North Carolina Center on Actual Innocence, which recently joined Green’s defense.

The state attorney general’s office is reviewing Wednesday’s filing , a spokeswoman said Thursday.

The basketball great’s father was killed on July 23, 1993, in North Carolina. His body was found in a South Carolina swamp.

Green and Larry Demery were convicted after Demery testified at their trial in 1996 that Green shot Jordan as he slept in his luxury car in Robeson County. Green has long claimed his innocence, telling WRAL-TV in 1998 that he was wrongly convicted of pulling the trigger. Attorneys have filed previous motions over the years for a new trial.

Green admitted in the interview that he drove James Jordan’s Lexus and wore his watch as well as an NBA championship ring he was given by his son. He also admitted he helped dump Jordan’s body in the South Carolina swamp.

Michael Jordan, now the owner of the NBA’s Charlotte Hornets, is one of the greatest professional basketball players of all time. He led the Chicago Bulls to six NBA championships, and in 1982, his game-winning shot led the North Carolina Tar Heels to the NCAA championship over Georgetown.

He and his father were close, evidenced in the photo of the two hugging after the Bulls won the 1992 championship.

In Green’s 1998 interview, he said he wrote a letter to Jordan’s family to explain his version of what happened and apologize.

This week’s court filing says the absence of a hole in the right chest area contradicts the prosecutors’ theory that Jordan was lying in his car when he was shot. “It also gave strength to the defense theory that there was an altercation between Demery and Mr. Jordan, which was kept from the jury,” the court filing says.

The filing describes an unusual chain of custody for the shirt. It says Dr. Joel Sexton of Newberry, South Carolina, who performed the autopsy, gave it to a law enforcement officer who gave it to a civilian employee of a company that provided services for funeral homes. That employee gave the shirt to his boss, who said he buried it in his backyard because of the smell.

When law enforcement later determined that the shirt was evidence, the SBI worked with South Carolina law enforcement officials to exhume the shirt and transport it to Raleigh. And it was then that an SBI agent reported the presence of a bullet hole in the upper right chest area of the shirt, the filing says.

Sexton had written in the autopsy report that he looked for and didn’t find a corresponding hole in the right chest area of the shirt that corresponded with James Jordan’s fatal wound. Instead, he found three holes near the shirt tail, he wrote. Those holes would line up with the fatal wound if the shirt were pulled up about one foot, he wrote — “as one might do if pulling a gun from their waist,” the court filing adds.

SBI Agent R.N. Mars testified that the hole he found in the shirt “marked the location where the single, fatal bullet transversed the victim’s clothing and entered his body,” the filing says. “But Agent Mars offered no explanation for the three holes in the lower section of Mr. Jordan’s shirt that Dr. Sexton’s autopsy suggested were caused by the bullet. The district attorney, who had once highlighted Dr. Sexton’s notes about the absence of a bullet hole in the chest area of the shirt, did not ask about the three holes in the lower section of the shirt, and — critically for Mr. Green — neither did his defense attorneys.”

Copyright © 2017, Chicago Tribune
By Martha Waggoner

Associated Press

Federal Appeals Court Upholds Ruling NCAA Violates Antitrust Laws

The 9th U.S. Circuit Court of Appeals on Wednesday upheld a lower court ruling that NCAA rules limiting what athletes can receive while playing sports violate antitrust laws, but the three­ judge panel also threw out a plan that would have allowed schools to provide deferred athletes compensation of as much as $5,000 per year.

“The NCAA is not above the antitrust laws, and courts cannot and must not shy away from requiring the NCAA to play by the Sherman Act’s rules,” the panel wrote. “In this case, the NCAA’s rules have been more restrictive than necessary to maintain its tradition of amateurism in support of the college sports market. The Rule of Reason requires that the NCAA permit its schools to provide up to the cost of attendance to their student athletes. It does not require more.”

The three ­judge appellate panel of Sidney R. Thomas, Jay S. Bybee and Gordon J. Quist was unanimous in its finding that the NCAA’s rules violate antitrust laws.

Thomas added in a partial concurrence and partial dissent that he would have concurred with U.S. District Judge Claudia Wilken “in all respects,” including allowing the $5,000 per year above the cost of attendance.

MORE: Read the entire ruling by the appeal panel (http://www.gannett­cdn.com/experiments/usatoday/Sports/2015­09­30­ncaa­federal­appeal­rulingobannon.pdf)

While the NCAA emerges victorious in avoiding the prospect of schools being able to offer additional money to athletes, the appellate panel’s finding relative to the antitrust laws pleased lawyers for the plaintiffs. It sets the stage for the association to attempt to seek a re­hearing of the case from a wider panel of 9th Circuit judges or to try to take the case to the Supreme Court.

Ed O’Bannon – The former UCLA basketball star sued the NCAA after he realized his likeness was used in a video game.

During a conference call Monday, the NCAA’s chief legal officer Donald Remy said it was too soon for the association to determine whether it will pursue either of those options, which also are available to the plaintiffs.

“We will make those judgments in short order,” Remy said. The sides basically have 14 days to pursue 9th Circuit rehearing and 90 days to seek review from the Supreme Court. Sathya Gosselin, an attorney for the plaintiffs, told USA TODAY Sports his side is reviewing its options about further action.

In addition to the NCAA facing other legal challenges ­­ including one that returns to court Thursday ­­ the appellate panel ruled that language from a 1984 Supreme Court ruling that the NCAA has relied upon to preserve its amateurism system is “dicta” ­­ essentially related commentary, but not part of the case’s value as precedent.

That case, NCAA v. Board of Regents, was about control of college football TV rights but the Supreme Court’s opinion included the statement that “in order to preserve the character and quality of the (NCAA’s) ‘product,’ athletes must not be paid, must be required to attend class and the like.”

The NCAA has relied upon this – and other ­­ language from the Board of Regents ruling in successfully defending its amateurism system in many prior legal cases.

But the appellate panel wrote, in part “even if the language in Board of Regents addressing amateurism were not dicta, it would not support the tremendous weight that the NCAA seeks to place upon it.”

Gosselin said the importance of that portion of the opinion “cannot be overstated. For decades, the NCAA has brandished the Board of Regents decision and claimed limitless antitrust immunity as to its amateurism rules.”

The NCAA is facing further legal challenges about its athlete­ compensation rules, and Wednesday’s ruling comes one day before Wilken is scheduled to hold a hearing on whether to grant class ­action status to a pair of lawsuits seeking to basically prevent the association from having any limit on what schools can offer athletes in football, men’s basketball and women’s basketball.

The appellate panel appeared to take that case into consideration on a number of levels.

The opinion, written by Bybee, states, in part, “we have little doubt that plaintiffs will continue to challenge the arbitrary limit imposed by the district court until they have captured the full value of their” names, images and likenesses.

Bybee’s opinion also says: “The difference between offering student ­athletes education­ related compensation and offering them cash sums untethered to educational expenses is not minor; it is a quantum leap. Once that line is crossed, we see no basis for returning to a rule of amateurism and no defined stopping point. … At that point the NCAA will have surrendered its amateurism principles entirely and transitioned from its ‘particular brand of football’ to minor league status.”

But Bybee’s opinion also stated in its conclusion that “we wish to emphasize the limited scope of the decision we have reached” – that Wilken’s intended plan to require the NCAA to allow schools to pay athletes pay up to $5,000 is invalid.

During a conference call Monday afternoon NCAA President Mark Emmert said: “I think the ruling does provide greater clarity on a number of fronts … The fundamental notion of pay for play, as it’s often referred to, is at odds with the notion of amateurism and at odds with the fundamental underpinnings of collegiate athletics. The ruling has those statements in there in pretty direct language. I hope that will, in some ways limit some of the legal arguments that are being made.”

The case began in the summer of 2009 with a suit filed on behalf of Ed O’Bannon, a former UCLA basketball player. It eventually boiled down to the plaintiffs seeking an injunction that would heavily overhaul the NCAA’s limits on what Bowl Subdivision football and Division I men’s basketball players can receive for playing sports and for the use of the names, images and likenesses in in live television broadcasts, rebroadcasts of games and video games.

A trial was held in June 2014 and Wilken ruled in August. She found that the NCAA’s rules at the time – which basically limited athletes to tuition, room, board, books and fees ­­ “unreasonably restrain trade” in violation of antitrust laws.

In her ruling, injunction and a subsequent interpretation of the injunction, she said the NCAA would be able to cap the amount of new compensation that the football and men’s basketball players can receive while they are in school, but that cap would not be allowed to be an amount that is less than the athletes’ cost of attending school.

In addition, Wilken decided to let schools and conferences deposit money in trust for football and men’s basketball players that will become payable when they leave school or their eligibility expires. Under this setup, the NCAA would be allowed to set a cap on the amount of money that may be held in trust, but that cap cannot be less than $5,000 in 2014 dollars ­­ now about $5,040 ­­ for every year the athletes remain academically eligible.

The new benefits were set to be put in place for both incoming and returning athletes, beginning with the 2016­17 school year.

In January 2015 ­­ taking advantage of a new NCAA governance setup that allows them greater autonomy in rules making ­­ schools and athlete representatives from the NCAA’s five wealthiest conferences voted to let athletes in any sport receive scholarships that cover the cost of attendance. The rules change means any Division I school can make such awards, beginning with the upcoming fall semester, but none are required to do so.

Steve Berkowitz, USA TODAY Sports, September 30, 2015

2015 National Sports Law Institute of Marquette University Law School Conference

WHAT: Maintaining Fairness, Integrity and Safety in Sports Conference hosted by the National Sports Law Institute of Marquette University Law School

The conference will feature panels discussing fairness and integrity in sports, concussions and safety issues in sports, SafeSport, and sexual harassment issues in sport. Registration cost ranges from Free – $150 Conference Registration .

WHEN: October 16, 2015

WHERE: Marquette University Law School, Eckstein Hall

WHO: The conference luncheon will feature a Keynote Speech from Allan H. (Bud) Selig, Commissioner Emeritus, Major League Baseball, Distinguished Lecturer in Sports Law and Policy, Marquette University Law School, and member, NSLI Board of Advisors.

Panelists will include: Paul M. Anderson, Mary K. Braza, Michael Lenard, Barbara Osborne, and many more professionals within the sports industry.

For more information visit: Conference Website