Intellectual Property Litigation and Related Matters
Mr. Dreyer litigates matters involving trademark, copyright, rights of publicity, false advertising and consumer fraud claims. His recent matters include representing the NFL and its 32 member clubs in obtaining dismissal of a copyright infringement suit involving the use of game-action photographs. He recently represented the MLB, PGA TOUR and NFL as amici in 9th, 7th and District of Columbia cases involving the question of whether internet retransmissions of television broadcasts are entitled to a compulsory license under the Copyright Act. He secured preliminary and permanent injunctive relief on behalf of Virgin Mobile USA in nearly two dozen trademark infringement lawsuits. He has represented the Fresh Del Monte Group in protecting its trademark rights in the United States, Europe, Africa and the Middle East, and obtained an injunction against the use of the Del Monte mark in those territories. He has advised numerous China-based clients on matters involving U.S. trademark and copyright law, and recently obtained dismissal of copyright infringement claims against youku.com. He also counseled The Walt Disney Company in connection with its acquisition of Lucasfilm Ltd.
Mr. Dreyer also advises and represents clients in the areas of false advertising, advertising clearance and deceptive trade practice claims. He successfully defended SiriusXM in two separate putative class action lawsuits challenging the satellite radio provider’s subscription practices. He has represented the International Trademark Association in numerous amicus submissions, including Supreme Court amicus submissions involving questions of trademark tacking, standing to sue under the Lanham Act and the constitutionality of the Lanham Act’s prohibition against federal trademark registration for disparaging marks. Mr. Dreyer obtained a favorable jury verdict on behalf of Fresh Del Monte in an S.D.N.Y. lawsuit involving claims of false advertising and breach of a license agreement, securing a finding of willful false advertising and the issuance of permanent injunctive relief. He also Chairs the U.S. Amicus Committee for the International Trademark Association.
Sports Litigation and Related Matters
Mr. Dreyer has extensive experience counseling clients on a wide range of sports matters. He is representing the NCAA, NBA, NHL, NFL and MLB in a lawsuit brought against New Jersey Gov. Chris Christie to prevent New Jersey’s authorization and licensing of gambling on athletic events, and secured permanent injunctive relief on behalf of his clients. He represented the NBA in connection with its imposition of discipline against former owner Donald Sterling, and successfully obtained dismissal of claims Mr. Sterling brought against the NBA. He successfully represented golfer Rory McIlroy in a lawsuit brought against him by Oakley, a former sponsor, over an endorsement agreement Mr. McIlroy entered into with Nike. Mr. Dreyer also is representing the PGA TOUR in two separate lawsuits: one brought by golfer Vijay Singh relating to discipline imposed against Mr. Singh under the TOUR’s anti-doping program, the other brought by a putative class of TOUR caddies challenging the alleged use of the caddies’ name and likeness. He also successfully represented Madison Square Garden in a challenge to MSG’s ticket sales policies.
Mr. Dreyer has litigated numerous disputes on behalf of the NBA and its member teams. He represented the NBA in litigation relating to the league’s lockout of its players following expiration of the NBA’s collective bargaining agreement with its players. He has litigated player discipline and salary disputes on behalf of the NBA, the NHL and teams in both leagues. He has counseled both the NBA and the NHL in connection with disability insurance coverage matters. He represented the NHL in a dispute arising out of its sponsorship agreement with daily fantasy site DraftKings. Mr. Dreyer also has advised the United States Tennis Association in connection with the US Open and US Open Series tennis tournaments. He recently served a three-year term as chair of the New York City Bar Association’s Sports Law Committee.
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Mr. Dreyer has repeatedly been selected for inclusion in Chambers USA: America’s Leading Lawyers for Business in the Nationwide Sports Law category and was named by the SportsBusiness Journal as a Power Player in sports law in 2016. He was named to the WTR 1000 by World Trademark Review in 2017 as a leading trademark practitioner and has been named to Lawdragon 500 Leading Lawyers in America. Mr. Dreyer was the recipient of the International Trademark Association’s Volunteer Service Award in 2015. He is an adjunct professor of law at Fordham University Law School, where he teaches courses on Advertising Law and Advanced Trademark Law. Mr. Dreyer also is an adjunct professor of law at Cardozo Law School, where he teaches Sports and the Law.