NATIONAL BASKETBALL ASS'N & NBA PROPERTIES V. MOTOROLA
105 F.3d 841 (2nd Cir. 1997)
NATURE OF THE CASE: This was a dispute over the scores of NBA games being broadcast by a
pager before the game was finished. Motorola (D), a marketer and a supplier, sought review
of a permanent injunction, which barred Ds from transmitting 'real-time' sports game data
via handheld pagers. National (P), a basketball association and a related entity,
cross-appealed the dismissal of their claims under 43(a) of the Lanham Act, 15 U.S.C.S.
1125(a).
FACTS: Motorola had a service for its pagers that allowed parties to get the scores of
NBA games sent to them while the games were in progress. There was a lag of 2-3 minutes
between the events of the games and when the information appeared on the pager screen. A
permanent injunction was issued against Motorola under a claim of hot news appropriation
under International News Service v. Associated Press 248 U.S. 215 (1918). Motorola appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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