Saturday, September 24, 2011

UFC 135 Predictions

Here are my predictions for tonight's fights via Tapology.

Part of me feels like Rampage could pull this off with the early KO -- so if I was a betting man I would probably put money the other way with those odds.

My Strikeforce Predictions

Fight Lawyer

Wednesday, September 21, 2011

Justin.tv Files Motion to Dismiss in Zuffa Action

Following up on my post, Zuffa Files Lawsuit Against Justin.tv -- Quick Analysis of Justin.tv's Likely DMCA Defense, on September 16, 2011 Justin.tv filed a motion to dismiss certain claims (5-12) in Zuffa's amended complaint.

In its moving brief, and at the outset, Justin.tv states that despite its "best efforts to find an acceptable resolution to this legally baseless case that should never have been filed, Zuffa has drawn a line in the proverbial sand in what appears to be little more than an attempt to impose legal expenses on Justin.tv, rather than present a legitimate case to this Court."

Notably, Justin.tv only moves to dismiss the non-copyright claims, but notes that it will demonstrate at a later time (as discussed in my earlier post) that it "is shielded from liability for copyright infringement under the 'safe harbor' protections of the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)."

With respect to the non-copyright claims, Justin.tv argues that:  (1) the trademark claims are really dressed-up, "recycled" copyright claims (and, therefore, subject to dismissal) and that Zuffa has failed to allege sufficient facts to support a finding of likelihood of confusion as to the source of the materials transmitted through Justin.tv; (2) Zuffa's claim for deceptive trade practices fails "because such a claim is barred both by the Copyright Act and the immunity for interactive computer service providers codified in Section 230 of the Communications Decency Act"; and (3) Zuffa's claims for violations of the Communications Act are barred by Section 230 of the Communications Decency Act, and also lack merit because the Communications Act is inapplicable to the alleged infringing activity."


I will continue to monitor.


Fight Lawyer

Tuesday, September 20, 2011

Government Alleges Full Tilt Poker was a Ponzi Scheme

According to this article over at the Wall Street Journal:
The U.S. Attorney in the Southern District of New York filed a motion Tuesday to amend an earlier civil complaint to allege that Mr. Ferguson, Mr. Lederer and two other directors for the website, Full Tilt Poker, operated what the Justice Department says was a Ponzi scheme that allowed the company to pay out $444 million to themselves and other owners, which included other famous poker players.

Specifically, according to the article Preet Bharara, the United States Attorney for the Southern District of New York, issued the following statement:
Full Tilt 'cheated and abused its own players to the tune of hundreds of millions of dollars' and 'insiders lined their own pockets with funds picked from the pockets of their most loyal customers while blithely lying to both players and the public alike about the safety and security of the money deposited with the company.' 
My earlier coverage of the Full Tilt action is here.

Fight Lawyer

Saturday, September 10, 2011

Thursday, September 8, 2011

Wednesday, September 7, 2011

Boxer Fernando Guerrero Sues Promoter for, inter alia, Allegedly Violating the Muhammad Ali Boxing Act

On September 6, 2011, Fernando Guererro, a professional boxer with a "professional record" of "twenty-one wins and one loss," filed a complaint against Prize Fight Promotions, LLC arising from a 2007 "promotional agreement whereby Prize Fight became Mr. Guerrero’s exclusive boxing promoter." 

The crux of the complaint is the allegation that "[o]n multiple occasions, the last of which occurred in Mr. Guerrero’s most recent fight, Prize Fight knowingly failed to provide Mr. Guerrero with the required disclosures and directly violated the Muhammad Ali Boxing Reform Act by accepting payment for bouts in which Mr. Guerrero participated." 

Guerrero seeks a declaratory judgment that "the Agreement has been materially breached by Prize Fight [based on the alleged violation of the Ali Act] and properly terminated without any further obligation on Mr. Guerrero’s part." 

Guerrero also asserts a direct claim for breach of the Ali Act as well as claims for breach of contract.

Essentially, at 10,000 feet, Guerrero is seeking a judicial determination that he can get out of his exclusive promotional deal with Prize Fight and he is using the alleged Ali Act violations as the basis (for all of his claims) to do so.

Fight Lawyer