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.

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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