Sports Law

 The area of “Sports Law” is probably one of the most misunderstood and difficult areas of the law to define. While most people probably think of “sports law” as athlete representation, antitrust litigation or some other high-profile endeavor, the actual practice area is much more inclusive and incorporates many diverse areas of the law. While “sports law” defies a precise definition, some of the sports-related offerings of Andresen & Associates and its attorney(s) have included:

Intellectual Property:

    • Preparing, filing and prosecuting federal trademark and copyright applications on behalf of professional sports leagues and teams;
    • Negotiating and drafting trademark and copyright transactions including, licenses, purchase agreements, assignments, releases and “Work for Hire” agreements;
    • Debt collections against delinquent licensees;
    • Negotiating, drafting and enforcing trademark settlement and co-existence agreements by and between professional sports leagues/teams and third parties in a variety of industries;
    • Drafting trademark and copyright notices;
    • Providing counsel to sports leagues about policing their marks so as to avoid abandonment, dilution, infringement and “genericide”;
    • Preparing internal league guidelines and policies regarding the proper use of its intellectual property and protecting the goodwill associated with it;
    • Reviewing advertising, marketing and other published materials to ensure proper copyright and trademark utilization and protection;
    • Drafting and enforcing licensing and other agreements between a professional sports league and stats/data services, trophy/awards manufacturers, merchandise and apparel producers/retailers, television shows and major motion pictures;
    • Searching, registering and renewing domains;
    • Negotiating and drafting Internet streaming agreements;
    • Drafting sweepstakes and contest rules, online fantasy game rules; Internet terms of use/privacy policies and other online content;
    • Prosecuting “cybersquatting” and other domain name administrative proceedings, including cases under Internet Corporation for Assigned Names and Numbers' (ICANN) Uniform Dispute Resolution Policy and similar policies before various arbitral bodies;
“Game Day” and Venue Agreements:
    • Drafting game credential and ticketback language;
    • Create and implement media and photographer access/credentialing policies and guidelines;
    • Drafting liability waivers and releases for volunteer team/league personnel and participants in on-field events and promotions;
    • Drafting participant documents including standard contracts for coaches/players/officials, conduct policies, practice/tryout waivers and player compensation guidelines,
    • Reviewing and revising of team/league venue lease and use agreements;
    • Negotiating, drafting and enforcing venue and game day merchandising agreements;
    • Drafting and enforcing promissory notes, personal guarantees, letters of credit and liens;
    • Negotiating and drafting agreements related to admission to, and withdrawal from, a professional sports league by individual teams;
    • Negotiating and drafting sponsorship and “tradeout” agreements;
    • Drafting, reviewing and revising collective bargaining agreements;
    • Reviewing and drafting of asset purchase agreements;
    • Reviewing and revising of league membership and operational documents;
    • Reviewing and preparing due-diligence materials and disclosure documents for use in litigation, credit facility acquisition, league expansion and other matters; and
    • Counseling a professional sports league on matters of single-entity, drug testing, team disputes, player suspensions, unemployment claims, wage garnishments, FCC licensing and HIPAA compliance.