Businesses in Georgia and nationwide are involved increasingly in litigation concerning online marketing and promotional activities. Many business litigation conflicts are over the rights to intellectual property such as copyrights, trade names and other proprietary assets. A recent example of such litigation involves a complaint filed recently in federal court by Fulltime Fantasy Sports, LLC against CBS Interactive, Inc.
The lawsuit alleges that the parties entered into a contract in 2017 that gave CBS Interactive a license to use the Fulltime Fantasy name, the “Scout Fantasy” trademark, along with the company’s logo, sports content, service and intellectual property in its online business. In return, it is alleged that CBS Interactive agreed to pay certain revenues and subscription royalties to Fulltime. The complaint alleges that CBS failed to pay the amounts due and merged Fulltime’s web page into its own without permission, thus separating Fulltime from its 60,000 Facebook followers.
Fulltime alleges that it was compelled to file the lawsuit because CBS Interactive continues to violate the publisher agreement at a time when the fantasy football season is approaching. It seeks injunctive action to stop the alleged violator and to collect an award of damages for all amounts alleged due. Fulltime is seeking 70 percent of subscription revenue and 35 percent of advertising revenue in connection with revenues from the Scout Fantasy brand.
The complaint contains counts for trademark infringement, false advertising, breach of contract, conversion, deceptive and acts and practices, and unfair competition. The exact amount of the damages is not alleged. The case is complicated by the fact that CBS Interactive purchased many of Scout Media’s assets out of bankruptcy in 2017. The complaint alleges that the intellectual property and websites in question were excepted from the transaction. Business litigation in Georgia often concerns matters dealing with trademarks, license violations, and issues similar to those found in the foregoing dispute.