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.

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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.