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Sherman Antitrust Act
The Sherman Act is divided into three sections. Section 1 delineates and prohibits specific means of anticompetitive conduct, while Section 2 deals with end results that are anticompetitive in nature. Thus, these sections supplement each other in an effort to prevent businesses from violating the spirit of the Act, while technically remaining within the letter of the law. Section 3 simply extends the provisions of Section 1 to U.S. territories and the District of Columbia. -
Creation of the NCAA
The NCAA is an association of 1,281 institutions, conferences, organizations and individuals that organizes the athletic programsin the United States and Canada. The NCAA dates its formation to White House conferences to "encourage reforms" to college football, which had led to frequent injuries and deaths. 62 institutions became charter members of the Intercollegiate Athletic Association of the United States. The IAAUS was officially established March 31, 1906. it became the NCAA 1910 -
Ed O'Bannon
VideoEd O'Bannon was the Star of UCLA's 1995 NCAA Basketball Championship winning team, in addition to being named the NCAA Tournament Most Outstanding Player, He earned the John R. Wooden Award, USBWA College Player of the Year and the CBS/Chevrolet Player of the Year. He was a consensus first team All-American, Pac-10 co-Player of the Year, first team All-Pac-10 for the third consecutive year, and UCLA's co-MVP. He became the first round draft pick of the Nets that year. -
Sam Keller
Sam Keller played quaterback for and attended Arizona State before transfering to Nebraska. He owns a handful of Nebraska passing records. -
California Celebrities Rights Act Civil Code section 3344
Any person who knowingly uses another's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person's prior consent, or, in the case of a minor, the prior consent of his parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. -
EA Sports
EA Sports is a brand of Electronic Arts that creates and develops sports video games. EA Sports does not claim that the players in the game represent real life players, the jersey number, position, height, weight, home state and ethnicity, are aligned with the real players. Fans of any particular team are sure to recognize their favorite players (Alabama Crimson Tide, QB#10 would correspond to QB AJ McCarron). In NCAA Basketball 2009 64 historical teams were playable including ’95 UCLA. -
UCLA Championship Run
1995 Final FourMarch Madness began on March 16, 1995, and ended with the championship game on April 3 in Seattle, Washington. A total of 63 games were played. UCLA won its record 11th NCAA Men's Basketball Championship by defeating the University of Arkansas. O'Bannon was the key to UCLA's 1995 NCAA Basketball Championship, scoring 30 points and taking 17 rebounds and was named the NCAA Tournament Most Outstanding Player. -
Astaire Celebrity Image Protection Act Civil Code section 3344.1
Califorina Civil Code section 3344.1
Any person who uses a deceased personality's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods, or services, without prior consent from the person or persons specified in subdivision (c), shall be liable for any damages sustained by the person or persons injured as a result thereof. -
O'Bannon vs. NCAA No. C 09-3329 CW
Plaintiff O'Bannon filed suit against defendants NCAA and the CLC. The issues of using the "likeness" of athletes in rebroadcasts of games, DVD sales, photos, video games, etc., without compensation after an athlete stops playing in the NCAA. By requiring student-athletes to forgo their identity rights in perpetuity, the NCAA has allegedly restrained trade in violation of the Sherman Act. According to the plaintiffs, the NCAA has deprived them of their right of publicity. -
NCAA Appeal to Change Venue
Defendants National Collegiate Athletic Association move to transfer this action to the Southern District of Indiana. Plaintiff Edward C. O'Bannon, Jr. opposes the motion. Defendants note that Plaintiff does not reside in California, while the NCAA's headquarters are located in the Southern District of Indiana. They assert that transferring this action could make litigation more convenient for the NCAA. The Court denies Defendants' Motion to Transfer Venue to the Southern District of Indiana. -
Sam Keller vs. Electronic Arts Inc No. C 09-1967 CW
The plaintiff is Sam Keller, a former quarterback at Nebraska and Arizona State University, who represents a class of former collegiate football players. The plaintiffs complain that EA Sports has created a video game in which players in the game are clearly based on former college football players yet EA has not compensated any of them for using their likeness without their permission. The case was dismissed by a judge, EA was cleared.
