Knicks' Guard Jeremy Lin's Success leads to trademark filings by others

Wednesday, February 15, 2012

Now that New York Knicks Guard Jeremy Lin has become one of the most recognizable names in sports practically overnight, it is not surprising that others would try to profit from his success. Does Lin have legal recourse to challenge these attempts?  The answer is yes.  The Lanham Act which protects trademarks (including the rights to a famous person's name) and the common law right of publicity protect Lin from bad faith attempts by others to profit from his name, likeness and image.  For example, Lin could bring an action to prevent others from attempting to trademark "Linsanity" or from profiting from a domain name like "linsanity.com".


Former Tour de France Champion Jan Ullrich found guilty of doping

Thursday, February 9, 2012

For the second time this week the Lausanne, Switzerland based Court of Arbitration for Sport found a former Tour de France Champion guilty of doping.

Today it was Jan Ullrich, the 1997 Tour de France champion who was found to have committed an anti-doping rules violation through his involvement in a Spanish blood doping ring.  The Panel was most persuaded by Jan Ullrich's failure to challenge the veracity of the evidence presented.  Instead, Ullrich raised only procedural arguments.  Ullrich was suspended for two years.  In so doing, the Panel rejected the International Cycling Federation's request for a lifetime ban.

For more on the Ullrich decision click here.

Contador found guilty of doping, stripped of 2010 Tour title

Monday, February 6, 2012

The Court of Arbitration for Sport three-member Panel did not find Contador's "tainted meat" defense credible. The Panel believed that the most likely explanation for Contador's positive test was that he ingested the banned substance clenbuterol by way of a tainted supplement.  To read the press release and the Court of Arbitration for Sport decision click here

Egyptian Taekwondo Athlete Caroline Maher Cleared of All Anti-Doping Charges

Friday, February 3, 2012

Court of Arbitration for Sport Dismisses All Claims and Orders World
Taekwondo Federation to Pay $20,000 For Maher’s Legal Fees

Preti Flaherty, a law firm headquartered in Portland, Maine, announced today that The Court of Arbitration for Sport has ruled that all charges against Caroline Maher, an Egyptian Taekwondo athlete who was sanctioned for alleged anti-doping rules violations, have been dismissed. The CAS ordered the World Taekwondo Federation (WTF) to pay $20,000 for Maher’s legal fees and expenses incurred during the arbitration proceedings, an extraordinary result by CAS standards.  The WTF must pay Ms. Maher the $20,000 within 30 days.

In November of 2011, the World Taekwondo Federation (WTF) withdrew an indefensible two-year sanction it levied against Maher for alleged anti-doping rules violation.  The WTF made the decision on the eve of a Court of Arbitration for Sport (CAS) hearing scheduled to take place in Lausanne, Switzerland.

The CAS Panel noted the unusual circumstances surrounding Ms. Maher’s appeal in justifying its punitive decision.  The WTF suspended Ms. Maher for two years without any reliable evidence or an internal hearing.  In doing so, the WTF failed to live up to its duties as an internationally recognized sports federation under the World Anti-Doping Code (the “Code”).

Read the press release here.