Legal Question in Entertainment Law in New York

Re: fantasy football website

So far, you're in the clear and you have an open field in front of you. Watch out, however, that you avoid that team logo bearing down on you because you'd get tackled by a trademark infringement claim. Dodge that claim of a violation of player right of publicity by citing the Missouri District Court case (http://sclblog.com/category/blogger-fantasy-football/) that slammed Major League Baseball for trying to stop a FF league, and head for the end zone.

Oops, there's a flag on the field. Another lawsuit is pending on whether or not FF is gambling. You can avoid a penalty for illegal gambling by not turning your FF league into a game of chance. Keep using those facts, figures and prognostications and you should be able to decline the penalty.

If you can decipher my poor attempt at humor, the legal answer for now is, you're okay without getting permission 'cause you aren't doing anything with their property. Facts are not protected and the First Amendment still has some teeth including the ability to bite team owners and players on their pigskins. Hopefully, FF will continue to be protected by the First Amendment, official sponsors of free speech and free press.

Re: fantasy football website

You're okay using the player's names and statistical information. If you have further questions please feel free to email me.

Good luck with your new venture. Here's my 2006/07 FFL team:

QB: Peyton Manning

RB: Portis

RB: Foster

RB: M. Bell

RB: Lundy

WR: Boldin

WR: Driver

WR: Branch

WR: M. Jenkins

TE: Gonzalez

K: J. Brown

D/ST: Falcons