Bellinger hits 3 2-run homers against former team, Yanks beat Cubs 11-0 for 5th win in row
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32 minutes ago
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ESPN, NFL Fight Mark Gastineau's $100M Lawsuit Over '30 for 30′
ESPN, the NFL and other defendants named in retired New York Jets defensive end Mark Gastineau's $100 million breach of contract and false endorsement lawsuit argue in a new motion to dismiss the case that the five-time Pro Bowler's legal theories are contradicted by contracts he signed and defy basic principles of both the right of publicity and the First Amendment. In March, Gastineau filed a complaint in the Southern District of New York accusing ESPN and the NFL of using unauthorized video of him confronting retired Hall of Fame quarterback Brett Favre at a sports memorabilia show in 2023. The video appears in '30 for 30: The New York Sack Exchange,' which centers on Gastineau and teammates who were part of the highly-vaunted Jets' defensive line in the early 1980s. The 30 for 30 includes a clip of Gastineau accusing Favre of 'falling down' in the final minutes of the 2001 regular season, when New York Giant defensive end Michael Strahan sacked Favre and broke Gastineau's NFL record for most sacks in a single season. Gastineau, 68, says he has been ridiculed on social media over how he is portrayed. He says he never consented to the filming of the Favre confrontation. Gastineau also accuses ESPN and the NFL of placing him in a false light by omitting video of Gastineau and Favre shaking hands at the end of their conversation. Through a brief filed by Alexander Kaplan and other attorneys from Oppenheim + Zebrak on July 3, ESPN and the NFL assert Gastineau's case has numerous flaws. First, Gastineau signed contracts with NFL Films that—ESPN and the NFL maintain—negate his claims. Of central importance Gastineau signed a talent agreement which, in exchange for Gastineau receiving compensation, granted NFL films the right to his NIL and other aspects of his right of publicity, including his voice, actions and biographical information. The agreement also contemplated Gastineau waiving any right to approve how he is portrayed or to approve the film itself. Likewise, the agreement indicates that NFL films can modify and edit content. It also neither requires nor excludes 'any material to be specifically included in the Film.' ESPN and the NFL maintain that a plain reading of the contractual language should end Gastineau's case. As the defendants tell it, he granted 'unfettered rights of publicity, including with respect to the footage about which he is complaining.' Beyond contractual language, ESPN and the NFL stress the 'Favre Encounter' was a newsworthy event and thus exempt from right of publicity and privacy claims. The defendants stress that the encounter was of public interest because it concerned Gastineau's relationship with Favre regarding and tackled an especially divisive topic: Whether Favre took a dive to give Strahan the all-time NFL single season sack record. 'The Favre Encounter,' the defendants wrote, 'is a key development in the narrative of Gastineau's legacy, how he was impacted by Favre's sack, and how his New York Sack Exchange teammates viewed him.' ESPN and the NFL also argue that while Gastineau contends his impromptu meeting with Favre at the memorabilia show was a 'private encounter,' it was anything but. The defendants point out that Gastineau and Favre were surrounded by onlookers. Gastineau also wore a microphone provided by the film crew, which indicates he 'consented to the recording.' This was also not a hidden camera situation: the film crew was around Gastineau, and he was 'fully aware' of them. In addition, ESPN and the NFL stress how in interpreting the First Amendment, courts have consistently protected artistic works, including documentaries and other biographical works. The New York Sack Exchange and its members, including Gastineau, are fair game for historical reports and other media, the defendants insist. Through what is sometimes coined artistic license, filmmakers also enjoy substantial discretion in how they tell of events and narrate history. Lastly, ESPN and the NFL maintain that Gastineau didn't suffer any damages. He contractually assented to appear in a film and to the filmmaker controlling how he appeared. Further, 'waived any right to inspect or approve' how he appeared in the film. The defendants essentially argue that Gastineau is complaining about something he contractually accepted and thus can't establish he was harmed in a way the law ought to remedy. Gastineau will have the opportunity to try to rebut ESPN and the NFL's arguments by filing an opposition to their motion to dismiss. The case is before U.S. District Judge Paul A. Engelmayer. Advertisement More from Best of Sign up for Sportico's Newsletter. For the latest news, follow us on Facebook, Twitter, and Instagram.
Yahoo
32 minutes ago
- Yahoo
Sham Yankees: MLB Suit Targets Alleged Counterfeiter With 5 Names
A man who goes by as many as five different names is accused in a new federal lawsuit of repeatedly selling counterfeit New York Yankees merchandise around Yankee Stadium. MLB Advanced Media and MLB Properties contend that Jemal Dortch—who is also called Jamal Dortch, Jamal Wiggins, Jemal Wiggins and Jamaal Wiggins—is liable for trademark counterfeiting, trademark infringement and related claims. The case is detailed in a 34-page complaint filed on Tuesday in the Southern District of New York. Advertisement More from MLB Advanced Media and MLB Properties (hereinafter MLB) own and officially license various apparel and other products that feature among the more than 1,000 trademarks of MLB and its teams. As MLB tells it, Dortch has been a serial counterfeiter and infringer who has ignored 'repeated warnings' to stop the distribution and selling of baseball caps, headwear and other products bearing MLB trademarks. The complaint, authored by Robertson D. Beckerlegge and other attorneys from BakerHostetler, refers to undercover investigators hired by MLB to pose as buyers of merchandise outside of Yankee Stadium. MLB cites 18 separate examples of Dortch running afoul of the law between September 2022 and last month by selling counterfeit and infringing goods. Despite being arrested or caught in the act by private investigators, Dortch doesn't appear deterred by the consequences. He's accused of simply trying again months, weeks, days or even hours after being caught. Advertisement For example, on Sept. 23, 2022, Dortch was arrested for trademark counterfeiting in connection with his distributing, offering for sale, and/or selling infringing goods. On April 1, 2023, Dortch was arrested again for the same offense. On July 7, 2024, Dortch was observed selling caps bearing Yankees logos. MLB then served Dortch with a cease-and-desist letter and he agreed to surrender 56 counterfeit Yankees caps. But a couple of weeks later, he was observed engaged in the same activity, leading to another cease-and-desist letter and him surrendering more than two dozen counterfeit Yankees caps and hats. MLB cites still other incidents that occurred closer in time. On Aug. 24, 2024, Dortch surrendered 18 counterfeit Yankees caps and hats. A day later there were two separate incidents. In the first one he surrendered counterfeit Yankees caps, hats and t-shirts and later in the day he was spotted again. He then turned over more caps, hats and t-shirts. The complaint's inventory of incidents is extensive and includes surveillance photos. Advertisement MLB highlights that the sale of counterfeit goods is likely to 'cause confusion and mistake in the minds of the purchasing public.' Some consumers might wrongly believe they're buying officially licensed products. MLB also points out its intellectual property and goodwill are harmed since its trademarks stand for 'the reputation for quality' that officially licensed products demand. Among the demanded remedies, MLB wants a permanent injunction to block Dortch from selling any 'any reproduction, counterfeit, copy or colorable imitation of the MLB Trademarks to identify any goods or the rendering of any services not authorized.' The league also demands that Dortch be barred from 'making any statement or representation whatsoever' that could induce consumers into believing he's selling legit items. The destruction or 'otherwise dealing with the unauthorized products' is also demanded, as is a requirement that Dortch supply MLB 'with the name and address of each person or entity from whom or from which it has purchased any item bearing the MLB Trademarks.' In addition, MLB wants Dortch's profits and other financial compensation as well as total sales figures for any sales of unauthorized MLB items. The case has been assigned to U.S. District Judge Loretta A. Preska, who has presided over several high-profile cases over the years. In the late 1990s, Preska was the judge for the defamation lawsuit brought by wrongly accused Olympic Park bombing suspect Richard Jewell against the New York Post. That litigation settled out of court. Best of Advertisement Sign up for Sportico's Newsletter. For the latest news, follow us on Facebook, Twitter, and Instagram.
Yahoo
33 minutes ago
- Yahoo
Home Run Derby Prize Would Double These Sluggers' 2025 Salaries
Pirates slugger Oneil Cruz has 1 million reasons to swing for the fences during Monday night's Home Run Derby in Atlanta. Three of the eight contestants, including Cruz, are making less this year in salary than the prize purse of $1 million for the Derby winner. Advertisement More from Cruz, 26 years old; Nationals outfielder James Wood, 22; and Rays infielder Junior Caminero, 22, are all making between $750,000 and $800,000 this year under MLB's collective bargaining terms for players with fewer than three years of top-level service. 'When I was like 12, I did some Home Run Derbys,' Wood recently told The Washington Post. 'The prizes were like a bat, so it's a little different now.' Under the terms of the CBA, the derby runner-up receives $500,000 while the six other participants each go home with $150,000. The batter with the longest home run pockets an additional $100,000. Advertisement Cruz is among bettors' favorites for the event, along with Mariners catcher Cal Raleigh. Braves first baseman Matt Olson will be swinging on home soil, joined by Twins outfielder—and Georgia native—Byron Buxton, Yankees infielder Jazz Chisholm and Athletics outfielder Brent Rooker. Buxton has the second-biggest blast of 2025 so far, a 479-foot homer against the Rangers. Mike Trout's 484-foot roundtripper from April still leads the league. Raleigh enters Monday's competition with a league-leading 38 home runs. The derby's $2.5 million overall prize pool was increased in 2019 as part of an agreement with the players association. While then-31-year-old Teoscar Hernandez took home the prize last season, the event has otherwise been a young man's game; the winner hasn't been older than 26 since 2015. Giancarlo Stanton (2016), Aaron Judge (2017), Bryce Harper (2018), Pete Alonso (2019, 2021), Juan Soto (2022) and Vladimir Guerrero Jr. (2023) won the previous seven editions before landing even bigger paydays for their day jobs. All six hitters will likely be represented in Sportico's list of the Top 15 Highest-Paid MLB Players once Guerrero's new deal fully kicks in. Judge has said he'd only participate again if the All-Star Game was in New York City, while Shohei Ohtani, who has the third-most homers in the league, cited the current knockout structure in explaining his absence. 'With the current rules in place, I don't think it's feasible for me to compete well,' Ohtani said in June. The Japanese superstar previously competed in 2021, and the derby format was updated last year. Competitors are now limited to three minutes or 40 swings in the first round, with the top four moving on to a pair of two-minute or 27-swing knockout rounds. Advertisement In 2021, Ohtani handed his $150,000 to Angels employees while Alonso has used a portion of his derby earnings to support multiple nonprofit causes. The 2024 home run contest averaged 5.45 million viewers, up against Republican National Convention coverage. The All-Star Game averaged 7.44 million viewers. Each player on the winning All-Star Game side gets $25,000. The 2025 Home Run Derby airs on ESPN and ESPN2. Discussing his decision to join the fray, Cruz said he's in it for more than the dollars. 'I'm really, really happy, just because that's what I do,' Cruz said on Tuesday. 'I like to hit balls far. I think I'm going to enjoy it a lot.' Advertisement Best of Sign up for Sportico's Newsletter. For the latest news, follow us on Facebook, Twitter, and Instagram.
