Personally, I’m on a campaign to bring the fedora back in style but if you are an NFL fan you might choose to wear a baseball style hat with your favourite team’s logo prominently displayed (hey, it’s January 15 it’s about time for me to make a post relative to sports). If you have purchased this hat recently it’s likely to be made by Reebok, which is the genesis of a U.S. court case between the (deep voiced commentator) National Football League and Amercan Needle a hat manufacturer, with potentially far reaching implications which have been commented on widely in recent days. This case is ostensibly about contracts to make hats; while American Needle asserts that the exclusive contract violates the Sherman Antitrust Act in the US as there are 32 teams competing with each other, the NFL asserts that it is one entity. The lower courts agreed with the NFL for the purposes of hats and American Needle appealed, where this gets interesting is that NFL supported the appeal to the Supreme Court. In football parlance the NFL is hoping to connect on a hail mary pass, which would see the Supreme Court declare the league a single entity for all purposes, the larger implication being that the league could then set salaries at pre-determined levels as well as ticket prices at all venues and sign many exclusive provisioning contracts. The NFL has been supported in this case by many other professional sports leagues which would follow the NFL’s lead should they succeed in this endeavour. In short, a successful completion of this hail mary pass could potentially change the landscape of professional sports in North American as we know it. On Wednesday of this week the Supreme Court heard the various arguments involved in the case. And while I hesitate to engage in the gambit of interpreting what the proceedings revealed, I have no such compunction about linking to people who do engage in legal tea leaf reading here and here .

It's likely that the potential implications of the case are overhyped but the potential for such a shift in the landscape has caught the imagination of those who follow the business of sports. While the average fan watches the games on the field this weekend you can be sure that many other leagues are far more interested in the results that will come out of the court in the coming days.

Mark Lewis is the Reference/IT Librarian at the Sir James Dunn Law Library at Schulich School of Law at Dalhousie University. Mark became a Slaw core contributor in 2005 and has a healthy appreciation for the legally absurd.
[click on the author's name for more information]

up

Comments are closed.

SlawTips      

SlawTips Open Access Journals
Wednesday, February 8

There is good leagal content that doesn’t necessarily come in the neat packages that we usually look in.  Though our commercial legal database subscriptions have linked, vetted, edited, and easily. […] »»

Research

SlawTips Use join.me to Get on the Same Page Across the Web
Wednesday, February 8

When you need to collaborate on a document displayed on your screen, it’s great to have a colleague from down the hall come into your office and look over your … »»

Technology

SlawTips Top 10 Financial Errors: #8 Always Assume More Risk Than Needed
Friday, February 3

You should assess whether you can accept the financial risks associated with taking the matter, just as clients will assess whether they can (and will) pay your fee. Spend time at the beginning of the. […] »»

Practice

noted on Slaw    

MLB Selected Case Summaries    

These summaries of selected recent cases are provided each week to Slaw by Maritime Law Book.
More information.

  • Banks and Banking - Liability of banks to third parties - Negligence - General

    The plaintiffs were the former shareholders of a company that failed. They sued the defendant bank alleging that it breached its contract with the company and the plaintiffs and breached a duty ...

  • Actions - Cause of action - General principles - New or extended cause of action - Opening of floodgates

    The plaintiff and defendant worked at different branches of the same bank. The defendant’s common-law husband was the plaintiff’s ex-husband. Over a four year period, the defendant ...

  • Aliens - Definitions and general principles - Immigration consultants

    The Canadian Society of Immigration Consultants (CSIC) had been designated as the sole regulatory body of immigration consultants in Canada from 2004 until June 2011. On June 30, 2011, Bill C-35 came into force, which significantly amended ...

  • Criminal Law - Sexual offences, public morals and disorderly conduct - Public morals - Obscenity - Possession of child pornography

    The accused was convicted of making child pornography available and two counts of possession of child pornography (see [2010] Sask.R. Uned. 197). Subsequently, he was sentenced ...

  • Criminal Law - Procedure - Charge or directions - Jury or judge alone - Directions regarding pleas or evidence of witnesses, co-accused and accomplices

    Rowe was convicted by a jury of five offences. He appealed.

    The Ontario Court of Appeal allowed ...

  • Narcotic Control - Offences - Possession - General

    The accused wished to access marijuana for medicinal purposes but did not have an authorization to possess marijuana issued under the Marihuana Medical Access Regulations. He was notified that a package of marihuana addressed to him had been ...

  • Narcotic Control - General - Legislation - Exemptions - Medicinal marijuana

    McCrady, who had an application pending under the Marihuana Medical Access Regulations (MMAR) to possess and grow marijuana, was convicted of possession of marijuana (Controlled Drugs and Substances Act (CDSA), s. 4(1)). Hearn pleaded guilty ...

  • Criminal Law - Sentence - Trafficking in hashish or marijuana (incl. possession for purposes of trafficking)

    The accused pleaded guilty to one count of possession of marijuana for the purpose of trafficking. He was sentenced to 30 days’ imprisonment to be served intermittently and 11 months’ ...

  • Municipal Law - Powers of municipalities - Particular powers - Imposition and collection of taxes or fees 

    Catalyst Paper Corp. operated a paper mill in the District of North Cowichan. Catalyst objected to the tax rate that it paid compared to residential ratepayers. In 2009, the ...


law foundation icon

The re-development
of Slaw is assisted by
a grant from the
Law Foundation of Ontario

TalkLaw/ParLoi    

This is a listing of a few upcoming events in Canada of interest to lawyers, law students, legal librarians, and others involved in the practice of law.

Clicking on any event in the list below will give you access to more information and to links allowing you to see the full entry and to add the event to your own calendar.

Click this link for a fuller version of the TalkLaw/ParLoi calendar of events and for instructions as to how to add events and calendars to your own calendar.

Switch to our mobile site