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The sport being arena football, which obtained a patent on the method of playing football indoors in 1990. (Arena football may or may not actually constitute a “major” sport.) In the nascent sports gambling industry, patents will likely be sought in abundance in all methods of betting applications. Despite this, patent infringement claims are the unlikely to be sources of litigation initiated by the sports leagues in the legal betting world in regards to sportsbooks’ data use. A trademark is a protection granted for a word, symbol, name, or device “that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product.” Trademarks can be easily identified by the “TM” denoting when the mark is unregistered or the ® symbol when the trademark is registered. In the sports gambling world, trademarks are one of the categories most likely to be implicated. Indeed, as discussed previously , sports team and league marks and their “protection” was the impetus for the first hearing on a bill that would become PASPA . The hearing associated with what was then called the Sports Service Protection Act included Sen. Orrin Hatch’s statement that: “The bill would protect the service marks of these teams regardless of whether the State [lottery] uses the service mark directly or refers to the teams by their geographic location or in any other manner.” Indeed, the sports teams and leagues own various marks including the team names and logos. The ability to exclude others from using the names of geographic locations associated with where professional teams are located is likely problematic.
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