UFC unveils its Reebok Fight Kits

Every media outlet under the sun is buzzing about the UFC's press conference this afternoon where the company finally unveiled its long-awaited fighter kits, which initiate a long-term partnership with the apparel brand Reebok.  This deal as many know has gained mixed reactions from both fighters and the sports media.  I won't delve into the details of the deal right now, but you can click here for a previous story about the partnership and the compensation strategy for fighters.

With all of its major stars in attendance Reebok unveiled a signature champions line that will be all black and several other variations of colored shirts emblazoned with the fighters full name.  In addition one of the sleeves will display the fighter's country of origin with a large UFC logo in the front.  My description is fairly lacking so I will post a link to the story.

These kits are a stark contrast to the fighter shirts of yore.  The previous apparel brands were quite artistic.  Some had interesting graphics and some were just plain logos.  These new kits are the example of professionalism, much like the athletic kits of other sports only the most necessary information is displayed in order enhance recognition.  It also may create a larger unity in terms of team infrastructure (countries share similar color schemes, creating discernible groups within the organization).  In other words, they are uniforms meant to unify and distinguish fighters in the roster.  However, I cannot help but think of previous fight leagues like the now defunct International Fight League (IFL) where the fighters were separated into teams and displayed uniforms reflecting those teams where they competed as teams as well, much like the current season of The Ultimate Fighter.

Fighter reaction to the new kits has been mixed as well. Some ridicule the structure and color scheme of the new kits.  Others are ready to tow the line and embrace this new chapter in their careers.  I actually thought that the UFC was just going to let Reebok design custom shirts for every event reflecting the personalities of the fighters who were to step into the cage much like they had done with some of their signature athletes before this partnership.  But as we saw today the ability to brand yourself and stand out from the crowd has been hindered to fighters, which means that fighters will have to hustle to monetize themselves out of the cage.

On the other hand, this could make the sport better.  A fighter will now be recognized because of their skills if everyone if  are know distinguishing characteristics.  Fighters would elevate their performances in order to be recognized by the mass media.  This is the first step the company believes will lead to more promotion and more coverage form media circuits outside of the traditional MMA media and legitimize the sport to appeal to the masses.

Whatever you think of the new kits; they will be here to stay.  Let me know what you think of the new kits.  Feel free to leave a comment down below and subscribe to the blog.  Also I am available to discuss these issues on my Google+ account and on twitter via @mmalegal2016.

The New York Senate Has Once Again Passed a Bill That Would Legalize Mixed Martial Arts in the State

Courtesy of Google Images

Today it was once again announced as six years prior, a bill has passed in the New York Senate legalizing the practice of Mixed Martial Arts (MMA) in the state.  New York remains one of the last states to not have a regulating body for MMA.  Much to the chagrin of large promotions like the UFC which envision the possibility of revenues that could be generated by holding events in venues like Madison Square Garden.

The bill still needs to be passed in the Assembly and signed by Governor Cuomo.  New York's governor has on the record several times expressed his support for the addition of MMA to New York.  The UFC itself has spent millions of dollars in lobbying efforts in the state.  Also various athletes from the company like Women's Bantamweight Champion Ronda Rousey and Long Island's own Middleweight Champion Chris Weidman have made the trip up to Albany to garnish some good will from the state's legislators.

Some attribute the failure to legalize MMA in New York to the strength of the Culinary Union in the state.  The Culinary Union has produced a bitter lobbying campaign against the Fertitta brothers who own Station Casinos in Las Vegas.  Station Casinos remain as some of the last non-union casinos in Vegas.  The Fertittas also own Zuffa LLC. (the parent company of the UFC) and as a result fans in New York have suffered from this feud.

In addition, New York's Assembly Speaker Sheldon Silver was a staunch opponent of the sport's legalization.  He would do anything to roadblock the bill from reaching the assembly floor.  There are also allegations that the Culinary Union directly contributed to his campaigns.

Former New York Assembly Speaker Sheldon Silver in FBI custody Courtesy NYPost.com

However, fans breathed a sigh of relief when Silver was arrested by federal authorities under suspicion of corruption. Former Speaker Silver had been charged with taking over $4 million worth of bribes and kickbacks. Finally the biggest obstacle had been surpassed and fans envisioned an event at MSG by the year's end.  Now all that's left is for a vote to finally happen in the assembly and the governor's signature.

This law would rename the state's boxing commission into the New York State Athletic Commission, regulating both professional and amateur MMA events put on in the state.  In addition, the state would also require a promoter to bond $50,000 insurance at professional events for injuries sustained by fighters as well as other accidents during the event.

I will keep my readers updated on any developments to this story, but fingers crossed it may be happening finally this year.  As always feel free to leave a comment down below if you have any questions or would like to contribute to the conversation.  I can also be contacted via Google+ and twitter @mmalegal2016.

UFC Decides to Keep Jackson out of Action until Litigation Finishes with Bellator

The UFC has decided to shelf Quinton "Rampage" Jackson until his court battle with Bellator MMA is finished.  Given the debacle that occurred in April where a NJ Superior Court enjoined Jackson from competing. Then, the same judged proceeded to remove the injunction at the commencement of fight week.  During this period of three weeks or so, the UFC scambled to save to the co-main event and even considered cancelling the bout altogether (something that plagued its PPV numbers and led to a downgrade of its credit rating by Moody's and S&P last year).  So this seems like a reasonable course of action given that there is a chance that Jackson would be prohibited from competing inside the cage.

For those you who are not in the loop, Jackson left the UFC in 2013 and signed for the rival Bellator MMA for reportedly six fights.  In 2014 he competed twice under the Bellator banner and then jumped ship with four fights still left on his contract.

Essentially Bellator is looking for estoppel or the promises that were guaranteed when Jackson signed for the organization.  The promise of course was his services inside the cage and the potential revenue that could possibly have been accrued due to Jackson's name in the sport of MMA.

I find it very unlikely that the courts will force Jackson to return to Bellator until the end of his contract against his will.  The most likely scenario is that a judge will award damages to make Bellator who for the lost revenue created by Jackson's premature departure from his contract.  Unless Jackson can find some egregious circumstance created by Bellator to justify his departure it is very likely that the courts will side with Bellator.

As always I will try to keep my audience abreast of any developments in this case as they unravel in the future.  Feel free to leave a comment down below and subscribe to the Blog.  And if you'd like to chat you can find me on Google + and twitter @mmalegal2016.

UFC Announces that USADA will be Handling its New Drug Policy.

The UFC announced a few months ago that it would be implementing new drug policy that would crack down on performance enhancing drug (PED) usage within the sport.  The new program completely overhauls the previous policy by implementing harsher penalties on anyone who tested positive for any of the banned substances as designated by the various commissions.  For example, an athlete who has tested with abnormal hormone levels outside the ratio allowed, that athlete could potentially face up to three years suspension competition.

The UFC's capability of testing athletes has been highly criticized by fans, the media, and the athletes themselves.  The former policy was to test random athletes after their bouts as well as all the main event's participants.  The result was a system where some athletes would take advantage of their downtime to administer PEDs with enough time to cycle off the drugs by the time they had to compete and subsequently be tested.  In consequence, several athletes would receive all the benefits of PEDs in competition, outweighing the risk of discovery.  This worked for a while, but soon enough, several fighters began to "piss hot."

The other quagmire that plagued the sport was that of Testosterone Replacement Therapy where certain commissions, after receiving a prescription from a doctor, allowed aging athletes to supplement themselves with testosterone.  The justification of this policy was that it could prolong the life of a fighter's career by supplementing their waning testosterone whether that was because of head trauma or other reasons for low testosterone in order to return to levels comparable to another man of the same age.  This program became the subject of an ESPN expose revealing the fact that doctor's traded diagnoses and prescriptions for money and/or other favors.  Furthermore, another controversy as to why some of these fighters' levels had dipped over the years.  The main speculation was a prior history of testosterone/PED usage on the part of the athlete.  Due to the heavy controversy the program was scrapped completely.

Also, over the past year, the UFC and Nevada State Athletic Commission began to implement random drug testing to some of its major athletes prior to their bouts.  The first to fall in the trap was Alistair Overeem who according to Joe Rogan had "inhuman levels" of testosterone in his body.  But the greatest shock to the sport came when it was revealed in February of this year that UFC legend and former middleweight champion Anderson Silva failed a drug test in early January.

At the time Silva was synonymous with the UFC brand, he was charismatic and friendly to sponsors.  He embodied the image of a traditional martial artist, although he showboated at times, like Ali he was very respectful of his opponents and their skills (except for an incident with Damian Maia in Abu Dhabi).  George St. Pierre another former champion who chose to leave the organization justified his departure by saying that there was a systemic problem within the UFC as he believed fighters were using and masking PEDs to give them unfair advantages.  Chris Weidman the current middleweight champion has also spoken out about these allegations as to his most recent opponent Vitor Belfort who had been a beneficiary of TRT.

Which makes today's announcement all the more better as a step in the right direction to cleaning up the reputation of a developing sport.  The UFC announced today that it would be working in conjunction with the United States Anti Doping Agency (USADA).  This agency is considered the most prestigious drug testing facility and policing agency to ensure fairness in sports when it comes to the usage and abuse of PEDs in national sports following the regulations of the World Anti-Doping Agency (WADA.)  The cooperation with USADA will also ensure the chain of custody of urine and blood samples, unburdening the commissions who had been tasked with performing these exams on athletes with very limited budgets from their states.  As much as the UFC and Zuffa have been criticized over this past year, it appears in this instance that the company is moving towards the right direction in ensuring both the safety and fairness of the sport.

As always feel free to leave any comments down below and subscribe to the blog.  You can always find me on Google+ and twitter via @mmalegal2016.

Reebok Deal Possibly Discriminates Against Women

Picture Courtesy of UFC.TV

I was listening to Ariel Helwani on the MMA Hour Podcast yesterday and as one of the guests, Ariel had asked Sara McMann, a current fighter on the UFC's roster and a former contender to Ronda Rousey's title at 135 pounds, about her feelings towards the UFC's apparel deal that will come into effect at the beginning of July.  She was very critical of the agreement stating that she believed that the agreement would discriminate against the organization's female fighters.

McMann is not the first woman to come out against the Reebok deal, as former contender and fan favorite Miesha Tate also spoke out over the last couple weeks, calling it "unfair."

To clarify the apparel agreement states that fighters are forbidden from wearing unlicensed apparel at any UFC or UFC sponsored event.  Specifically, this says that a fighter is obligated to wear his or her Reebok apparel that will be issued to them before any event.  This then prohibits any fighter from displaying any sponsors on his or her clothing that are not "official sponsors" of the UFC, a practice that was the norm throughout the UFC's history and many athletes were quite well compensated for the chance to advertise a product on their shorts or on their fight banner before the commencement of the bout.

The amount of compensation garnered by the deal is tiered to benefit the fighters that have seniority over the up in comers that are trying to make a name for themselves within the organization.  In the agreement laid out, fights would be counted if they took place in the UFC, WEC, and Strikeforce.  Which may sound fair to most as even fighters who had come from other organizations that were folded into the UFC would be treated as those who had already been with the flagship company to begin with.

However, this is not the case of women's MMA.  The only division that was introduced was that of then Strikeforce Champion and now UFC Bantamweight Champion Ronda Rousey in 2013.  Sara McMann was not on the Strikeforce roster when it folded as well as countless other female fighters currently on the UFC's roster.  Instead, they were competing in one of the still remaining female only organizations, Invicta F.C., which is not one the companies counted in the Reebok deal.

As a result, most of the female fighters will have to fall onto the lowest tier in the system laid out by the Reebok deal.  This means that most of these fighters will have to work that much harder to be able to reach the next tier.  McMann was one the pioneers of the sport and she is one of the most decorated athletes on the roster, having received a silver medal for wrestling at the Athens Olympics.  McMann now 34 probably does not have much left in her MMA career and thus she stands to lose a significant amount of revenue due to this new policy.  Also it is very unlikely that she will ever be able to get to the same tier of her male counterparts who also entered the UFC at the same time and who do not have the same accolades.

Another case is that of Carla Esparza who was both the first female strawweight champion of Invicta F.C. as well as the UFC.  She lost her championship recently to the Polish Phenom Joanna Jedrzejczyk as a result she has been bumped down to the lowest tier at the $2,500 per fight mark.  As champion she stood to receive $40,000 of the sponsorship money, which is a significant loss of revenue.  Not just Esparza, but all the strawweights  are in the same boat (excluding Paige VanZant who has a seperate deal with Reebok).  The division itself was only established earlier this year, so these decorated athletes will have to remain with the organization for quite some time before they can make serious money.  Such a low amount cannot possibly compensate the athlete for her time in the gym training for the fight.  Not to mention that in addition to this, the fact that these athletes have to pay their trainers and they have their mangers taking a piece of their purse as well.  When all is said and done is it possible for an athlete in their situation to make a living in their sport?  Will we be seeing fighters with second or third jobs in order to keep their dreams of competing alive?

The reason why the sport has evolved is because athletes are able to focus more and more on their training rather than how they will eat or pay rent.  It has gone a long way since the days of Tank Abbot and Royce Gracie.  But if this type of inequality continues will we see a regression in the progress that was made in women's MMA over these past two years.

As always I invite the readers to leave a comment below or on my Google Plus page.  If you like what you read here subscribe to the blog and follow me on twitter @mmalegal2016.

ZUFFA tries to Block Parties from Releasing its Financial Records

Zuffa has filed a motion to prevent the release of 15 years of financial records or as long as the company has owned the UFC.  In addition to this Zuffa is also asking the court to move the venue from the Northern District of California to Las Vegas where the company is headquartered.

Zuffa of coarse, is on the other end of an antitrust lawsuit filed by many former fighters who were competitors under its banner.  The parties in the class action are asking to see the financial records of the multi-million dollar company to see if Zuffa was adequately compensating its athletes whom risk their safety every time they step into the cage or whether those funds were being diverted to enrich the corporate heads...

The plaintiffs are looking for damages under the provisions of the Sherman Antitrust Act.  Specifically the allegation that because the UFC and Zuffa have created a monopoly on mixed martial arts that they have de facto created a monopsony on its fighters as well.

This conflict came to a head when the UFC announced that it would be implementing a uniform policy, outlawing all other sponsors in the cage.  This new policy has hurt many fighters and many are biding their time until they can jump ship to an organization that may allow them more financial security, at the expense of their image as these organizations neither have the name nor the brand that the UFC carries.  Several UFC fighters themselves have voiced their disdain for this new policy, including the UFC's own color commentator Joe Rogan who declared that this compensation plan is not enough.  The actual tiered system itself was leaked last week by a fighter that led to many discussions in the Underground as well as other MMA centric forums. Click here for more on that.

UFC veteran Phil Davis has already decided to sign with Bellator earlier this month following the end of his contract with the UFC and his fellow Penn State wrestling alum Ed Ruth also made the jump to Bellator, stating that "he was pleased with the organization and that he was happy he could keep his own sponsors."  Scott Coker, the former CEO of the now defunct Strikeforce MMA and the current president of the UFC's main competitor, stated that his phone has been ringing with many upset UFC fighters.

It will be interesting to see if this will thin out Zuffa's roster.  As always feel free to leave a comment down below or on my Google +,subscribe to the blog, and follow me on twitter as well @mmalegal2016.

UFC Champion Jon Jones Stripped of Title, Indefinitely Suspended, Dumped by Reebok

The bomb dropped last night on Jon Jones' MMA career as Fox Sports announced that the light heavyweight champion would be stripped of his title and indefinitely suspended.  As a result, Jones will not be defending his championship against Anthony Johnson later next month.  Instead, Johnson will be going up against Daniel Cormier for a vacant UFC title.

Thos Robinson/Getty Images

Jones posted a bond of $2,500 on Monday after be charged with felony leaving the scene of an accident after witnesses say that Jones struck another vehicle and then fled on on foot.  Only to return to the scene to allegedly grab some cash only to flee again from the scene.

This event is not the first time that Jones has been in trouble.  Just two years ago, Jones pled guilty to a DUI after totalling his Bentley and early this year he tested out-of-competition positively for cocaine.  During those instances, the UFC stood behind its athlete and supported him through his struggles with the law.  However, yesterday the UFC put its foot down and punished Jones for violating the Athlete Conduct Policy within its contract, indefinitely suspending him, and also forcing him to relinquish his title.  The UFC in a statement last last night said that it wanted Jones to focus on his legal problems and for him also to get the help that he needs to turn his life around.


ALSO BREAKING:

Jones contract with Reebok has been immediately terminated today.  Jones was one of the faces of the UFC's new licensing deal with Reebok.  It will be interesting to see who will join Ronda Rousey now in representing the brand and its immense advertising campaign.

For all intense and purposes Jones is an incredible athlete and he has done a lot for the sport of mixed martial arts and I wish him the best.  Hopefully we see him return to the octagon at some point in the future.  But an athlete must be wary of his or her image because their athletic prowess is one thing, but when you are the face of a company then your actions outside of your sport also reflect the reputation of that company.  Just ask Tiger Woods.

I will try to relate any new developments as Jones' case proceeds through the courts.  As always feel free to leave a comment down below and subscribe to the blog.  You can also contact me via Google + and twitter @mmalegal2016.

UFC Champion Jon Jones Implicated in Hit and Run

The Albuquerque Police Department announced on its Twitter page that it was looking for UFC Light Heavyweight Champion Jon Jones for questioning in relation to a Hit and Run that sent a 20 year old pregnant woman to the hospital with minor injuries late last night.

Jayne Kamin-Oncea-USA TODAY Sports

UFC remained tight lipped about the incident until earlier this morning saying "that they were aware that police were looking for Jon Jones, but that they would reserve comment until further information is provided."  It remains uncertain if this will affect the already scheduled title fight between Jones and the number one contender Anthony Johnson scheduled for May 23rd.  The UFC  itself has neither cancelled nor postponed the bout as of this moment.

Of course this is not the first time Jones has been in trouble with the law.  Jones has had a prior DUI conviction and who could also forget last year's media fiasco that involved Jones' use of illicit drugs, mainly cocaine, with a televised interview and his less than 24 hour rehab stint.  It seems like the champion has produced quite a few headaches for its promoter. Of course nothing is clear whether he actually he was involved in the Hit and Run so it would be wrong for me to pass judgment at this time.

Whatever happens, Jones is expected to turn himself in today to respond to police questioning in relation to this matter.  As always I will try to inform you the readers of any developments to this story.  Feel free to leave a comment down below and subscribe to this blog.  You can also contact me via Google + and twitter @mmalegal2016.

UPDATE:

Police report was just release saying that several witnesses saw Jon Jones abandon his vehicle and take of running, including an off duty police officer.  Police officers searched the vehicle and found paperwork with Jon Jones name relating to MMA activities in the state of Nevada.  Police also found a pipe containing marijuana.  Several witnesses also stated that they saw Jones run back to his car grab a pile of cash which he stuffed into his pants.  The report names Jones not just a general description as in he is now a recognizable figure especially in the area of Jackson's MMA where Jones now calls home.

Now that the report is out it is looking even more dire for Jones.  It would be interesting to see if this initiates the personal conduct violations within Zuffa's contracts.  Also fleeing the seen of an accident is usually not a thing prosecutors take likely, which means the Albuquerque District Attorney may be pursuing max sentences for the alleged charges.

Zuffa must be really worried about what is going on as this affects yet another card that they have invested so much in with two titles on the line.  What do you think folks?

You can also read the entire police report by clicking here.

So it Looks like Rampage is Back

It  appears that Quinton "Rampage" Jackson will actually be returning to the octagon as reported by UFC.com.  So what changed in three weeks?  Apparently, the injunction preventing Quinton Jackson from competing in the octagon was lifted today.  So Jackson will be competing this Saturday as planned.  The actual reasoning for this lifting has not been available to me yet, but it will surely come by the end of this week.

One can only imagine the rejoicing that occurred in Las Vegas and Montreal when the ban was lifted, but this also creates another question as to where the litigation between Jackson and Bellator MMA will develop. As to the UFC, President Dana White issued a statement this morning as follows:

"We are happy with the decision from the New Jersey Court allowing Rampage to fight in Montreal this Saturday night. I am looking forward to seeing Rampage back in the Octagon.... Rampage always brings is intensity. He comes in and he tries to finish you. I love that about him. And he's taking on Maldonado, another guy who is a finisher and loves to stand, loves to trade toe-to-toe. And those are always really fun fights.... Rampage isn't always the most personable person when you meet him, but he comes to fight. At the end of the day, if you're a fight fan and you love guys who love to stand up, who love to trade, Rampage is fun to watch."

With such a roller coaster surrounding this event will it entice more individuals to buy the pay-per-view?  Jackson is a clear draw to not only to die hard fans, but also the general public given his work outside of fighting within the world of TV and movies.  Even though the injunction was lifted for this week's event, it would be wise for Zuffa and the UFC to wait out scheduling any future bouts for the fighter until the matter of his contract is resolved.  My prediction is that the dispute will either be settled or Jackson will have to pay damages to Bellator given their lost revenue when Jackson jumped ship.

As always feel free to subscribe and leave a comment down below or follow me on Google+ and twitter @mmalegal2016.

UFC Revamps its Sponsorship Deal after Overwhelming Criticism From Fighters

Late last year the UFC announced that it would be changing the way that sponsors are displayed inside the Octagon.  Before this policy, a fighter had the opportunity to court any company to advertise on his or her cage banner or his or her shorts as long as they were not directly adverse to the standards of the UFC, directly adverse to official partners of the promoter, and that each sponsor company pays what the UFC nicknamed the "sponsorship tax." However, some fighters struggled to obtain sponsors.  One famous case was that of Ultimate Fighter alum Cody Mackenzie who fought in shorts straight off the rack of a Sport's Authority with the tags still on them.  Others like retired UFC fighter Mac Danzig refused sponsors when he wore shorts that had the words "Not For Sale" emblazoned on them.

The UFC wants to appeal to a new audience, to continue its expansion, and make itself embody the image of a premier sports league (making its competitors look like minor leagues).  In November, the promotion announced that it was going to sign an exclusive deal with Reebok to outfit its fighters essentially creating uniforms. Any money that was made in the deal would be spread throughout the UFC's roster according to their position on the promotion's media rankings. Several athletes have already signed exclusive deals with Reebok.  The first to benefit from this deal were woman's bantamweight champion Ronda Rousey and the light heavyweight champion Jon Jones.  They were followed soon after by former welterweight champion Johnny Hendricks, lightweight champion Anthony Pettis, featherweight sensation Connor McGregor, and straw weight and fan favorite Paige Van Zant.

Many fighters complained about the unfairness of the uniform policy as they saw their monetary prospects disappearing very quickly.  One fighter said that after the announcement six sponsor's suddenly left him.  With over 500 fighters currently on the roster it would seem that money would be spread pretty thin.  Also it would create a highly competitive system where a certain position on the ranking may mean a huge difference when it comes to the apparel fund available to a particular fighter.

Due to the outstanding amount of criticism the UFC and Reebok announced today that they were retooling the process.  Both companies are going to change the rankings system into one  that will be tiered according to a fighter's tenure, rewarding fighters who have been in the business longer and who have established names under the promotions' banner.  Essentially the tiers will be broken up as follows:  1-5 fights, 6-10 fights, 11-15 fights, 16-20 fights, and more than 21 fights (champions are excluded from this tier system).  The uniform policy comes into effect in July of this year.

Whether this will succeed remains to be seen, but it is concern for the ongoing litigation for which the UFC is a party at this time.  Feel free to leave any questions or comments down below. Follow me on Google +, and via twitter @mmalegal2016.

UFC Fighter claims Warner Bros stole her Likeness

Felice Herrig, TUF alum and UFC strawweight set to go toe to toe with Paige Vanzant in Newark, New Jersey this weekend claims that Warner Bros game studios stole her likeness with their most recent video game release Mortal Combat X this past tuesday.


Herrig posted on Instagram a picture of a video game character Cassie Cage in various poses side by side comparison with pictures of herself in various poses that were very similar to those depicted by the character with the caption, "Alright #MORTALKOMBATX This is no longer a coincidence #cassiecage."


Allegations of video games using a celebrity's likenesses without permission is nothing new.  Actress Ellen Page accused Naughty Dog Studios of ripping off her likeness with the studio's release of The Last of US, which won numerous awards in 2013, including Game of the Year.  Another instance in the same year occurred when Lindsay Lohan sued Rockstar Games the publisher famous for its Grand Theft Auto franchise for an alleged unpermitted use of her likeness as well.

Now this case brings up a certain issue in the law known as the right of celebrity, which is generally only recognized in jurisdictions that are hubs for the entertainment industry, i.e. California or New York.  Some of the most famous cases recognizing a right to ones own image were Midler v. Ford and White v. Samsung.  In Midler, Beth Midler sued Ford Motor Company for using an actress that looked like her in a television commercial and who imitated signature sound and voice to make it appear that Midler herself was endorsing the product.  The court sided with Midler given the evidence that she had previously refused to work on the commercial and therefore it appeared that Ford was trying to fool its customers and the general public which many of the target audience were fans of Midler at the time.

In White, Vanna White, a television personality known for her long run on the Wheel of Fortune television show sued Samsung Electronics for one of its commercials.  In the commercial Samsung created a robot that would flip cards and use the same mannerisms as White.  Although in this case  the parties settled out of court.

Most cases today regarding this issue use what is called the "substantial similarity test"  created by Judge Posner in McFarland v. Gaiman.  In this test, the judge looks at the two works and determines whether the similarities are substantial enough to confuse one for the other as well as the intention of the two parties involved.  Of course in Mcfarland, one was dealing with copyrightable works. Images on Instagram may fall into a grey area as they are out there for all the world to see and distribute infinitely, without the author's explicit permission.

When looking at this case the pictures when looked at side by side appear to be very similar.  It is not unfeasible to think that some of the developers of the game were fans of mixed martial arts and Herrig herself.  In some way this might be a form of recognition of her accomplishments as a fighter in the world of WMMA that she appeals to a video game audience as well.

It is unclear whether Herrig is actually going to pursue any complaint against Warner Bros Games or Nether Realm Studios for that matter.  As always I'd like to ask what you think after seeing the pictures.  If you have any questions or comments leave them down below or via Google+ and twitter @mmalegal2016.

Plaintiffs File Answer to UFC's Motion to Dismiss as well as Transfer of Venue.

The UFC and many former fighters of the organization have been involved in an antitrust case for the better part of this and last year.  The fighters named in the suit are all former employees of Zuffa, LLC. which include and are not limited too: John Fitch, Cung Le, Nate Quarry, and Kyle Kingsburry.  These plaintiffs allege that the Ultimate Fighting Championship (UFC) engaged in anticompetitive practices that gave the promotion monopoly power which led also to monopsony power as well.

The UFC in its motion for transfer of venue stated that it desired to transfer the case from the Northern District of California to the Court in Clark County, Nevada citing hardship and the availability of witnesses that would testify.  In addition, the UFC also invoked the Choice of Law clause within its contract agreement, signed by all fighters under its banner stipulating that Nevada state law is to be followed when a dispute of contract arises.

In the answer filed last week, the plaintiffs also alleged hardship and the fact that many parties named reside in the San Francisco Bay Area including a number of elite MMA Gyms as well as video game publishing company Electronic Arts, which is also named in the case at hand.  Also they state that because the dispute does not arise out of the terms of the contract themselves, then the Choice of Law clause is non-applicable to the matter at hand.

The other motion which was to dismiss the case altogether, alleges the validity of the claims the plaintiffs have brought against the promotion.  Which they allege have no merit and that the claims themselves do not rise to the level of satisfying the standard set by the Supreme Court in Bell Atlantic Corp. v. Twombly in laying specific facts that lead to an antitrust claim.

The UFC probably filed this motion so that the plaintiffs could play their hand to lay out their exact argument, but the plaintiffs did not amend any claims or augment any other claims either.  However what plaintiffs did instead was reiterate the arguments of their original complaint.  In a sense, they want a trial to adjudicate the matter and to determine whether plaintiffs complaints have merit to proceed.

These are some accusations filed within the complaint:

• the UFC using its brand power has depicted itself as the elite MMA Promotion in the world and all the others are to be considered "minor leagues" or feeder promotions which the UFC then can sign those organizations athletes into its roster if deemed a caliber athlete of the organization.  The plaintiffs use evidence from UFC press statements and articles from financial investment firms like Moody's and S&P.
• Athletes who sign for the organization are signed to exclusive contracts which include the athlete's image in perpetuity, essentially preventing him or her from the use of his or her image to promote other events not related to the UFC
• those athletes who are signed to non-exclusive contracts are penalized monetarily when they decide to fight for other organizations.
• The UFC brand has created an environment of little bargaining power or leverage to its athletes resulting in below market compensation for their services.  However, the UFC provides insurance to all of its athletes in conjunction to fighter purses so this may contribute to a claim of fair compensation on the other side.
• The UFC has also signed exclusive sponsorships preventing different companies from competing for recognition with athletes and allowing athletes to choose which brands they promote.
• Image in perpetuity prevents other organizations from using a fighter's image to promote other properties like video games for other promotions.  This allegation can be evidenced that before EA had acquired the exclusive rights to the UFC roster, it had produced EA MMA which Randy Couture, the only UFC fighter who had retained his own image rights was allowed to participate in the game.

 A hearing has been set for July in relation to both of these motions, and it will be interesting to see if this case will continue because this is already starting to look like a very costly process and ZUFFA has already stated that they are in it for the long hall.

As always MMAlaw.org will try to keep you abreast of all the details of any new developments in this case.  If you have any questions or comments they can be posted down below or via Google+ or via twitter @mmalegal2016.

UFC Releases Statement Regarding Jackson Injunction

The UFC has released a statement today via UFC,com regarding the decision from the NJ Superior Court yesterday.  The UFC brass said the following:

UFC has been advised of the New Jersey state court's ruling in the matter between Quinton "Rampage" Jackson and Bellator MMA.  The UFC organization was suprised about the ruling because Mr. Jackson represented to UFC on multiple occasions that he was free to negotiate and contract with UFC. The UFC organization is also surprised that Bellator sat on its alleged rights for months before taking action.

UFC understands that Mr. Jackson is considering an emergency appeal, and UFC is also considering action to protect its rights and minimize damages regarding this matter. UFC 186 in Montreal, Canada will proceed as planned and UFC is currently evaluating its fight card options.

So from this statement I am inferring that the UFC trusted Jackson's word, and now they are paying for it.  Also the UFC was surprised by Bellator's decision to wait so long on its alleged rights.  Even I, a second year law student with very little comprehension of the law, saw this coming.  It was obvious that Bellator MMA, one of the UFC's competitor's would try to damage their competitor monetarily by attempting to bar the UFC from using one of its biggest pay-per-view draws.  This strategy is nothing new to the UFC because it itself used the binding power of its own contracts to prevent former UFC fighter Wanderlei Silva from jumping ship to Bellator with one fight left on his contract.  The UFC also began to scoop its former talent back into the organization as Bellator was trying to use former name fighters to build its brand.

Although cards are always subject to change due to many unforseen circumstances.  The PPV is surely going to not be as successful as it could have been with Jackson on the card.  Not to mention the fact that one of the most anticipated rematches between the Bantamweight Champion T.J. Dillishaw and the man who lost the belt, Renan Barao, which would have also been a huge draw for the Montreal card.

Although the card, has been so radically changed, the past has shown the audience that sometimes the most unknown fighters can put on a fantastic show for the crowd.  Let's just hope that enough people tune in if that is indeed the case.

If you have any questions or comments please feel free to join the conversation down below or via twitter @mmalegal2016 or via my google+.

Bellator MMA Succeeds in Enjoining Jackson from Competing at UFC 186

Quinton Jackson not allowed to compete says court.

The news broke earlier via MMAFighting.com that the New Jersey Superior Court in Burlington County sided with Bellator MMA and barred Quinton "Rampage" Jackson from competing at the event scheduled to take place later this month at the Bell Centre in Montreal.

Jackson who had left Bellator early last year as he was unhappy with his treatment by Bellator and Viacom late last year.  However, he still had several fights on his contract, which the judge ruled was a breach due to the fact that he failed to perform the contract and its terms.

Jackson was supposed to be the co-main event of the night which will put Demetrious Johnson's title on the line against flyweight sensation Kyoji Horiguchi. This throws the whole card in disarray, and also leave his opponent Fabio Maldonado without a dance partner for the night.

The UFC still has not commented on this decision, but the promotion is almost certain to have a backup plan as this ruling was a foreseeable possibility.  Sean Shelby and Joe Silva, the UFC matchmakers, will surely be losing some sleep tonight with three weeks to go before the scheduled event.

What will also be interesting to see is whether Maldonado will still be in the co-main event or whether the card's order will be rearranged, or possibly whether the fight itself will be scrapped completely (a devastating consequence for fighters who have put the time and effort needed for a successful camp).

The UFC will surely have something to say in the next couple days and I will surely try to keep you abreast of all the details that will transpire.

If you like what you read, feel free to follow me on twitter @mmalegal2016, google+ , and subscribe to the blog.

UFC Card in Limbo as Court Decides to Postpone Decision

 

I reported earlier last month that Bellator had filed suit against Quinton "Rampage" Jackson and the Ultimate Fighting championship to prevent him from fighting Fabio Maldonado later this month at the Bell Centre in Montreal Canada. For that story click here.

Now the time has come and the NJ court will announce Tuesday whether the card can be allowed to continue as is or will UFC matchmaker Joe Silve be scratching to find a replacement for the co-main event.  Bellator alleges breach of contract on the part of Jackson as he walked away with four fights left on his contract.  On the other side, Jackson claims that it was Bellator themselves who had not upheld their end of the deal. Claiming that he was not satisfied with the way they marketed/ promoted his fights.

Who breached the contract I don't know, but this creates a conundrum from the UFC and it would be interesting to see if they have someone training and preparing just in case Jackson is enjoined from fighting on the card.  Because to think, otherwise, would seem highly problematic to a promotion that basically had to rescue a card last moth in Brazil that was littered with reformatting due to so many  injuries.

The fight game is a fickle industry completely unpredictable, but with the roster that the UFC has it would seem likely that they are already working on a backup plan. 

Judge Dismisses UFC's Lawsuit in New York

 

Judge Kimba Wood of the United States Court for the Southern District of New York has dismissed a case brought on by Zuffa and other parties making a facial challenge to the constitutionality of New York's ban on professional sanctioned mixed martial arts.  Zuffa and the other parties involved including the named Light Heavyweight Champion Jon Jones argued that New York's ban on MMA is unconstitutional as there is no rational basis for such a ban.  In addition the parties alleged the law unconstitutional due to its vagueness.  Finally the plaintiffs allege injury in the matter.

The reasoning behind this dismissal and the judge's decision to grant summary judgment to the defendant rides on the plaintiff's standing.  Mainly, according to the Judge, the plaintiffs in the case have none.   Judge Kimbo in his opinion focused on three parties to the case:  Zuffa, LLC (parent company of the UFC); Don Lilly (fight promoter and a fighter manager); and Shanon Miller (fight promoter).  For each of these plaintiffs, the judge looked at the alleged injury caused by the law.  He found no injury to these parties because there is no guarantee that any of these promoters would have actually held events within the state.  

The judge asked the plaintiffs to state actual injuries, which he found none.  Plaintiffs cited theoretical injuries that have been incurred over time, but the judge disregarded these.  This seems like a blow to Zuffa, especially as the company had envisioned an event at Madison Square Garden by the end of the year.  

Although this is definitely a setback for the legalization of mixed martial arts in New York, Zuffa has ramped up its lobbying efforts to repeal the law, bringing superstars like Ronda Rousey to testify in Albany.  Early reports have been rumored to be favorable to this new course of action.  Governor Cuomo has also come out several times in favor of sanctioned professional mixed martial arts citing the lost economic opportunity that the ban creates in the state's coffers.

If you would like to read the full opinion the link is located down below.

http://www.mmamania.com/2015/4/1/8325051/rotten-apple-new-york-judge-dismisses-ufc-lawsuit-sought-to-legalize-mma

Bellator MMA files lawsuit against Quinton "Rampage" Jackson to Prevent him from fighting at UFC 186

Quinton "Rampage" Jackson is set to scrap with Light Heavy Weight power puncher Fabio Maldonado at UFC 186 in Montreal, Quebec in April.  It would be Jackson's first fight in the UFC since he left the organization in June of 2013 for greener pastures.  On June 4, 2013 it was announced that Jackson had signed a multi-fight deal with the UFC's competitor Bellator MMA and the other Viacom owned property Total Non-Stop Action Wrestling (TNA Wrestling).

Jackson was set to headline the organization's first ever pay per view event against fellow former UFC veteran Tito Ortiz on November 2, 2013 at Bellator 106.  However, after Ortiz had to pullout due to injury the event was completely scrapped and was reformatted to air on Spike TV.  Ortiz was replaced with another UFC alumnus Joey Beltran and Jackson debuted for the organization at Bellator 108 where he won by technical knockout in the first round.    In total Jackson fought three times under the Bellator banner. And it appeared that Jackson was becoming one of the main faces of the organization.

However, rumors began to circulate late last year that Jackson and Bellator were not clicking.  Suddenly, on November 17th,  Jackson stated on his official twitter:

Just a thought.. But I've learned a big lesson in life and business: sometimes u should just stay with the devil u know @ufc

Suddenly the whole world began to speculate whether Jackson would be returning to the UFC.  Soon after it was announced that he would be returning to the UFC and that his first fight would be against Fabio Maldonado, but Jackson was still under contract for Bellator MMA with three fights remaining on his contract.  Several media outlets reached out to UFC President Dana White to inquire about Jackson's situation.  White said, that all would be sorted out.

Now a month out from the event, Bellator MMA has filed an injunction against Jackson because he is still under contract with the organization and in effect violating what I would assume is a non-complete or exclusivity clause.  Although I cannot speak to the details of the contract that Jackson signed it would be easy to assume that the contract would stipulate that Jackson had to fight for Bellator MMA exclusively.

If Bellator succeeds in getting the injunction it would be quite detrimental to both Jackson and the UFC which would have to find a replacement or scrap the entire fight depending on how quickly the court makes a decision.  Bellator may look towards damages as well for lack of performance of the contract, which may become very costly to Jackson as the legal bills begin to pile up.  There is also no information as to whether the Ultimate Fighting Championship or its parent company Zuffa LLC. will be assisting with this case.

Bellator MMA expands with TV Deals in Europe and Australia.

Bellator has continued its effort to become a global brand.  The Viacom owned company has secured a deal with multimedia company Electus International that will allow the promoter to be viewed in over 400 million homes and over 120 countries.  This deal begins to make Bellator look like a true competitor to ,mixed martial arts flagship, the Ultimate Fighting Championship.

Expansion into a new market will also grow the exposure not only of the Belator brand, but of the sport of mixed martial arts itself.  The immediate result, I can see is that countries will begin to accept cage fighting as it becomes more popular within those countries.  Just last week the French Judo Federation prohibited any Judo coaches from teaching MMA, and announcing harsh sanctions to those who defied the federation.

A concern is that mixed martial arts is beginning to permeate all traditional martial arts.  I myself can attest to this.  I started training when I was twelve in Shukokai Karate and from an early age I excelled in several tournaments, but after I saw my first UFC fight on tv which was Tito Ortiz v. Ken Shamrock II, I became obsessed. I found myself looking at videos of old fights and breaking them down and analyzing all the minute movements and techniques. In addition, I would watch hours and hours of footage from some of jiu-jitsu's great like Rickson and Royler.  What resulted was that I started to take some of these techniques and implement them into my sparring and karate classes, much to the chagrin of my Sensei.

In the past decade mixed martial arts academies have opened up like McDonald's franchises within the United States and I believe that this will begin to happen in countries where a vacuum is created due to this influx of interest in mixed martial arts.

Just this past month there was clear evidence of the growth of mixed martial arts in Europe when over 36,000 people from over 40 countries filled an arena in Sweden which had a main event that began at 3 a.m local time.  This attendance is only beat by UFC 129 at the Rogers Centre in Canada which squeezed 60,000 people into the arena.  Clearly there is a craving and a fan base for these promoters to exploit.  This expansion can only be viewed as a positive for not only Bellator MMA, but mixed martial arts as a whole.

UFC to Step in With more Out-of-Competition Random Testing

Lorenzo Fertitta, Dana White, and Zuffa attorney Lawrence Epstein sat down for a press conference this Wednesday announcing new guidelines for PED testing after the wake of numerous positive tests.  The UFC announced that there was a problem in the sport and that testing needed to be more stringent in order to clean it up.  They also announced that a third party company would step in to conduct random out of competition testing in addition to the efforts already put forth by the various state athletic commissions as well as the commissions around the world, but declined to say who the third party would be.

The UFC also added that there would be much more stringent penalties to those who have positive tests for PEDs, which could range from 2-4 years suspension depending whether a fighter had tested positive in the past.  Lorenzo Fertita, the CEO and owner of Zuffa the parent company of the UFC said that "the current punishment on fighters is not enough to deter the use of PEDs."

UFC President, Dana White also stated that a fighter who weighs his or her options, evaluating the rewards gained from fighting over the risk of being caught are quite unbalanced with some fighters choosing the latter.He echoed that the new penalties would make fighters think twice as a prolongued suspension could be career ending. As a warning to fighters White stated, "If you are doing performance enhancing drugs, you will be caught."

When asked about the implications of main events being canceled, the UFC brass stated that they would take the risk in order to clean up the sport, stating that UFC match makers Sean Shelby and Joe Silva would have to get "more creative" (a job that has been essential after the strain of injuries that have decimated fight cards in the past).

Of course, the other issue is with commissions outside of the United States and how this effort could be implemented on a global scale as well as the costs associated with such an endeavor.  I would say that it is definitely ambitious and it will take some time to implement the program uniformly.  But this is not the first time the sport has met with adversity.  It is also not an issue of cheating either.  It is an issue of safety for all the athletes who compete within the UFC and all the other mixed martial arts promotions throughout the world.

Nevada State Athletic Commission Reportedly Forced the UFC to Replace Coach for TUF 4 Brazil

It was originally slated so that Mixed Martial Arts legends Anderson Silva and Mauricio "Shogun" Rua would be the coaches for the upcoming season of The Ultimate Fighter Brazil.  Several news outlets have reported that this is no longer the case.  It appears that the UFC wanted to maintain Silva as a coach, despite the controversy swirling around his failed out-of-competition drug test (although yesterday it was reported that another test taken on January 19th came back clean).  BloodyElbow.com reported today that Silva will be replaced with Antonio Rodrigo Nogueira (another revered Brazilian fighter who had previously coached the show against Fabricio Werdum).

Looking at this from a business perspective, it is a huge blow to the UFC.  The Brazilian version of the Ultimate Fighter is broadcast on Globo, the country's most viewed network, which brought many new eyeballs to the sport.  The success of the UFC in the country may be due to the rich history of Brazilian athletes who have been successful in the Octagon.  Overall since the inception of the Ultimate Fighting Championship in 1993, there have been 10 champions from Brazil.  None of course shone brighter than the former Middleweight champion Anderson Silva who since his debut in 2006 remained undefeated until July of 2013 where he lost his title to the current champion Chris Weidman.  

Brazilians took pride in the fact that their country was represented so well as its athletes began to dominate the UFC's divisions.  Currently, MMA and the UFC plays only second fiddle to the national sport of soccer.  Every event has sold out fairly quickly and the atmosphere and energy surrounding the sport is insane considering that the sport has been around for little over two decades.

It is understandable that the Nevada State Athletic Commission would make this request given that Silva has such a big name; his discipline, if it stands, will demonstrate to other fighters the consequences of their actions.  Now that these tests are becoming more and more stringent it will be interesting to see who else is going to get popped for PEDs and how promoters will now have to adapt when entire fight cards are endangered by the actions of one or more fighters.

Jon Jones enters Rehab

I know its been a while since I have written anything, but this subject I felt that I had to give my opinion.  Jones has been the poster boy for the UFC.  He was the first sponsored by its apparel brand.  In addition, he was featured in many of the UFC's main sponsors, including Bud Light.  This is no surprise as he seemed like an individual he lived the martial arts lifestyle.  He was a father of two who came from humble beginnings and he impressed from his first fight on.  Jones was incredible, he was a tall fighter who knew how to use these advantages well.  He became champion at 23 (the youngest in the organization's history). He was even deemed a hero when he stopped a mugging in Paterson, NJ before he fought Mauricio "shogun" Rua for the title at UFC 128. His demeanor was pleasant and his treatment of the media made him an excellent candidate to increase the organization's appeal to cross over into the mainstream and gather more eye balls to the screen.  Jones along with Ronda Rousey have became the main models of the UFC's new endorsement deal with Reebok.

However, Jones mystique began to fade away with his DUI in 2012 when he crashed his Bentley.  Many fighters, have also called him "fake," saying that his on air personality was different from when he was off the record.  However, this is understandable as we all wear many hats and many of us have to adapt to our surroundings.  From a business perspective, it seems like a great strategy in order to become a fan favorite and to gain the favor of many sponsors.  His stock was going to continue to rise after the weekends bout against Daniel Cormier at UFC 182.  He now seems invincible and many are calling him the GOAT and the greatest pound for pound fighter.

Jones' announcement that he was going to be entering rehab came as a shock to most of the martial arts community.  He issued a public apology to his family and fans.  Dana White, president of the UFC, also issued a statement saying how proud he was that he had made this decision.  Reports are that Jones tested for cocaine metabolites in early December which was administered out of competition by the Nevada State Athletic Commission.  Because it was out of competition, there are no penalties associated by the commission for a positive test.  Now this has stirred up quite a controversy.  On one side there are people who are supportive of Jones' decision and wish him the best and on the other are those who feel that he is receiving special treatment because of his position.

My take on this is that the UFC sets a concerning precedent if it does not take disciplinary action on its champion.  The champion is the representative of the organization and thus is the best of that division and he or she must abide by the code of conduct as an example to other fighters in the organization.  Other fighters have pointed out what they claim is the UFC's hypocrisy in this matter, citing that other fighters like Matt Riddle and Nick Diaz received lengthy suspensions due to testing positive for marijuana metabolites.  However, these were tests done right before or after their bouts.  Now the results of this past Saturday are still in the air.  If Jones does test for a banned substance it would be interesting if his victory becomes a No Contest and forces the UFC to strip him of his title.

The other issue that was brought up yesterday and is fueling the ire of conspiracy theorists, is the convenience of timing in which the UFC announced that it would no longer do out of competition random testing on its fighters, citing the massive errors that were committed by the organization in handling of samples from Cung Le in last year's event in Macau.  And many forums are rampant with people speculating on whether the UFC  hid the fact in order for the main event to continue; instead of cancelling the Main Event which would have deeply hurt the organization as it was trying to rebound after a shaky 2014 where it saw its rating downgraded by Standard and Poors.  Especially since the UFC has confirmed that there were over 750,000 pay-per-view buys.

I can't opine as to this theory as it is mere speculation, although if something happened to the main event it would have certainly hurt those numbers.  Fighters with substance abuse issues is nothing new,  former heavyweight champion Ricco Rodriguez also struggled with addiction.  Hopefully, Jones can get the help he needs and continue to demonstrate his skills in the cage and the UFC can maintain the momentum of its first event of the year despite this setback.