Seven poker players sue WPT over use of likeness, name
By RYAN NAKASHIMA
ASSOCIATED PRESS

http://www.lasvegassun.com/sunbin/stories/nevada/2006/jul/19/071910071.html

LAS VEGAS (AP) - Seven professional poker players filed an antitrust lawsuit
Wednesday against the operator of the World Poker Tour over the use of their
likeness and their access to play in televised tournaments.

The lawsuit, filed in U.S. District Court in Los Angeles, came as the
world's largest poker tournament, the World Series of Poker, was under way
at the Rio casino-hotel in Las Vegas.

The players include famous pros Howard "The Professor" Lederer, Chris
"Jesus" Ferguson, and World Series champs Joseph Hachem and Greg Raymer,
argued that WPT Enterprises Inc. made them waive lucrative rights to use
their images and names to promote products and video games before they could
enter WPT tournaments.

Lederer told The Associated Press that video clips of him playing in a WPT
tournament were used in a WPT video game that competed directly with one he
and his sister Annie Duke appear in, "World Championship Poker 2."

"All I'm asking is that they not compete against me, with me, without even
offering to pay me or asking my permission," Lederer said. "People are being
paid seven-figure endorsement contracts. These are rights that should not be
demanded of us for nothing."

Jeffrey Kessler, lead lawyer for the players, said the suit accuses WPT
Enterprises of "price fixing" and "group boycotts" by colluding with 12
member casinos to prevent players from entering tournaments unless they
forfeit their rights. The casinos were not named as defendants in the
lawsuit.

The suit seeks damages and to void contracts the players signed for entering
previous WPT tournaments, he said.

Kessler said he has tried similar suits that have changed the way major
sports businesses run, including the NBA and NFL.

"Imagine if they were to have to said to John Elway in the NFL, 'Well we
should just be able to use your image for any product or service that we
want,'" Kessler said. "No professional sport has been able to get away with
that and the same will be true with respect to the World Poker Tour."

WPT Enterprises lawyer Adam Pliska said he couldn't comment before seeing
the suit. But he added that most players were content to sign the agreements
allowing use of their likeness for the chance to play.

"We've been able to expand the sport for everyone's benefit," Pliska said.
"Aside from some occasional complaints, we've had great success and this has
worked out for all parties involved."

Crave Entertainment Inc., the publisher of the game featuring Lederer and
Duke, filed a suit in January in Orange County, Calif. against WPT
Enterprises and Take-Two Interactive Software Inc. alleging infringement of
its right to use poker players' likenesses. The case is pending.

Other players involved in Wednesday's suit include Duke, Phil Gordon and
Andy Bloch.

Poker pro Barry Greenstein, who is not part of either suit, said the action
amounted to a dog biting the hand that fed it, although he sympathized with
both sides.

"All of us as poker players were degenerates until the World Poker Tour
started the whole ball rolling," the 51-year-old said, adding he had
parlayed fame on the tour into a sponsorship deal with a major online poker
site and is selling a poker advice book.

"I've been involved in DVDs and video games and all these types of things,
even though I've gotten no money out of it," he said. "I know that I get a
lot of perks from being a celebrity."

---

On the Net:

World Poker Tour, http://www.worldpokertour.com

Poker Players vs. The World Poker Tour, http://www.wptlawsuit.com

Gregory S. Williams
[EMAIL PROTECTED]



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