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2 Sports Facilities & L. 1 (2017-2018)

handle is hein.hackneytwo/spfl0002 and id is 1 raw text is: May-June 2017 . Volume 2, Issue 1 SPORTS FACILE ' and the Payne Class Action Suit Involving 'Baseball Rule' Is Dismissed By Ed Edmonds n November 16, 2016, United States District Court Judge Yvonne Gonzalez Rogers of the Northern District of California dismissed a class action law- suit against Major League Baseball, the Office of the Commissioner of Baseball, and Commissioner Rob Manfred seek- ing additional screening extending from foul pole to foul pole and general safety improvements preventing fan injuries from foul balls, flying bats, broken pieces of bats, or thrown balls that enter the stands. For the past century, the majority of state courts have relied on a form of the Baseball Rule preventingfans from suing teams over injuries sustained at games so long as the area closest to home plate is properly screened. The lead plaintiffs were Gail Payne, an Oakland A's fan of nearly fifty years, and Stephanie Smith, who suffered a serious injury when she was struck by a foul ball while attending the Sunday, June 7, 2015, game at Dodger Stadium against the St. Louis Cardinals. Payne and Smith asserted six specific claims: (1) negligence; (2) fraudulent concealment; (3) violation of California's Unfair Competition Law . . (4) violation of California Civil Code § 1750 ... ; (5) violation of California Civil Code § 1668; and (6) personal injury. The final claim involved Smith's See Payne Class Action on Page 8 Cubs Take Unlicensed Vendors to Court By Scott A. Andresen, Esq. hough imitation may be the sincerest form offlattery, it can also be an action- able infringement of intellectual property rights. Hours before the Cubs would beat the St. Louis Cardinals on September 22nd to increase their record to 98-55 on their way to winning their first World Series title since Henry Ford developed the Model T, Major League Baseball Properties and the Chicago Cubs initiated Major League Baseball Properties, Inc. et al v. Stevens et al1 in the United States District Court for the Northern District of Illinois against a number of named and Doe merchandise vendors. The first iteration ofthe Complaint2 begins by stating, accurately in this die-hard Cubs fan's opinion, that The Chicago Cubs are among the most famous and beloved clubs in all of baseball; indeed, in all of American sports. The Complaint then goes on to describe the Defendants as a group of vendors who are deliberately free riding on the success of the Cubs and trading- without a license or permission- on the substantial goodwill associated with the famous marks of the Cubs and Major League Baseball. Adding additional flavor to the allegations against the named Defendants were a num- ber of photos of their infringing activities and merchandise. The Complaint sought relief under the Lanham (Trademark) Act See Chicago Cubs on Page 10 CO PYRIGHT 02017lj HAC (K NEY, PUIB L ICA 'T IO(INS (HAC' K NEYPU IB LIQA \T IO NSCOM(),1 Route To: / /

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