Poker Pros Request Summary Judgment Against The World Poker Tour

[StarnetGypsy]

by PokerPages.com
Fri, Mar 16th, 2007 @ 12:00am

Seven of the world's leading professional poker players filed a motion for summary judgment against WPT Enterprises, Inc. ("WPTE"), this week in federal district court in Los Angeles.

In their motion for summary judgment, plaintiffs Chris Ferguson, Andrew Bloch, Annie Duke, Phil Gordon, Joseph Hachem, Howard Lederer, and Greg Raymer (click on names to see Player Profile) presented undisputed facts claiming that WPTE, which owns and manages the World Poker Tour (WPT) and all its tournaments, has committed multiple violations of federal antitrust laws.

The dispute originated from an earlier confrontation between the poker pros and WPTE (click here to see prior PokerPages Article) where poker players accused WPT of unlawfully conspiring to force them to sign non-negotiable "releases" which required players to grant WPTE the right to use their names, likenesses, voices and images (collectively 'brands') and to permit WPTE to exploit their brands to promote WPTE products and services, but with NO compensation.

The seven players filed a lawsuit last July against the WPTE. In that suit, the players, now Plaintiffs, contend that the undisputed facts establish that WPTE and the casinos have agreed to boycott and exclude from WPT events any poker player who does not sign such a "release."

The Plaintiffs have also offered undisputed evidence that WPTE and the casinos are conspiring to restrict the number of poker tournaments in competition with the WPT by agreeing that the casinos cannot sponsor any televised non-WPT events.

The Plaintiffs contend that these agreements constitute "per se" or "quick look" violations of federal antitrust laws. The "per se" and "quick look" tests apply to conduct which is so inherently anticompetitive that a court may summarily decide that such conduct violates U.S. antitrust laws without the need for full discovery or a trial.

If the motion is granted, WPTE will be permanently enjoined from:

(1) agreeing with the casinos to require the Plaintiffs and other poker players to sign releases granting WPTE the right to use those players' intellectual property rights to promote WPTE products and services;

(2) using the grant of Plaintiffs' intellectual property rights obtained from past releases; and

(3) prohibiting casinos from sponsoring non-WPT poker tournaments.

Jeffrey Kessler, lead counsel for the poker players, stated, "If the players prevail in this summary judgment motion, WPTE's unlawful agreements will come to a quick end without the need for further discovery or a trial. All poker players would then be able to compete in WPT tournaments without being forced to give up their valuable intellectual property rights for no compensation and the casinos would be free to sponsor competing televised poker tournaments of their own."

A copy of the public version of Plaintiffs' motion for summary judgment will be available at Poker Players vs. World Poker Tour.

Gibson Dunn and Crutcher, LLP, also a Los Angeles based law firm, are representing World Poker Tour Enterprises, Inc.

Plaintiffs are represented by the law firm of Dewey Ballantine LLP, whose attorneys have successfully represented NFL, NBA, and other players in similar antitrust lawsuits.

[Highwayman]

Never see hardcore support for any game that the house rakes without risk on.


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