Date: 07-11-2000

Case Style: Gridiron.com, Inc. v. National Football League, Player's Association, Inc., et al.

Case Number: 99-6837

Judge: William P. Dimitrouleas

Court: United States District Court for the Southern District of Florida

Plaintiff's Attorney: Alexander Theodore Sarafoglu of Morgan, Lewis & Bockius, Miami, Florida and Keith Olin of Morgan, Lewis & Bockius, Miami, Florida

Defendant's Attorney: Jillian Elisabeth Marcus of Weil Gotshal & Manges, Miami, Florida; Valerie Greenberg Itkoff of Weil Gotshal & Manges, Miami, Florida; Edward Soto of Weil Gotshal & Manges, Miami, Florida

Description: Plaintiff operates a domain of Internet websites devoted to professional football. Defendant NFLPA is the recognized union for the National Footbal League Players. NFL Players, Inc. is a for-profit subsidiary of the NFLPA, engaged in the business of licensing intellectual property rights to NFL Players.

Plaintiff contrated with over one hundren and fifty NFL players. This issue was wheather those contracts and a website operated by plaintiff violated that players contracts with the NFL Players Contract and Group Licensing Assignment signed by 97% of the players.

Plaintiff sought declaratory judgment seeking a determination of whether the domain site operated by plaintiff violated the licensing rights conveyed by the players to the NFL.

Defendants filed a motion for summary judgment arguing that NFL Players can assign their publicity rights and the website and Gridiron Player Agreements violated Plaintiff's group licensing rights.

Plaintiff's websites consist of a menu that leads directly to information and images of hundreds of NFL players. Plaintiff's websites utilized a fantasy football game that allows a person on the websites to select and trade any of the NFL players. Plaintiff had also planned to utilize the websites to open a "Pro Shop" which would include player endorsed memorabilia, apparel, novelty items, signed footballs, signed pictures, photographs of players, replica jerseys, helmets and artwork.

Outcome: Defendant's motion for summary judgment was sustained by the court finding that the plaintiff's use of six or more Player images and the Gridiron Player Agreements violated NFLPA's exclusive group licensing rights and permanently enjoined plaintiff from using the images of six or more Players. Plaintiff was also permanently enjoined from entering into Gridiron Player Agreements with Players or taking any other action in violation of NFLPA's exclusive licensing rights.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: For more information about this case, see: 106 F.Supp.2d 1309 (S.D.Fla. 2000).

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Reported by Kent Morlan