World Poker Tour Enterprises (WPTE)
has made the news again. This time, however, the large poker tournament
conglomerate is not in as favorable a light as it has normally been accustomed
to. As of last Wednesday, the company has been seeking legal counsel on
how to best deal with an anti-trust lawsuit filed in Los Angeles U.S. District
Court by seven of the World Poker Tour's top players. Annie Duke, Phil
Gordon, Joseph Hachem, Andy Block, Greg Raymer, Howard Lederer and Chris
Ferguson have all included their names on the lawsuit, which claims that WPTE
has forced the poker pros to waive lucrative rights in order to appear in World
Poker Tour tournaments.
In what essentially amounts to
identity theft, lead counsel for the players - Jeffrey Kessler, says the players
are being prevented from participating in major poker tournaments at world-class
casinos, which is consequently preventing them from earning money. Some of
the host casino sites include Foxwoods, the Bellagio and Aviation Club. In
order for the players to be allowed to participate in a WPT tournament, they
must first sign a release that gives WPTE full rights to use the player's image
and likeness for promoting the WPT as well as any derivative media products.
The addition of derivative media products to the waiver releases was made in
November of 2005, which prompted Annie Duke's entertainment lawyer to negotiate
with WPTE. Despite these efforts, WPTE has remained defiant, and will not
make any changes to the releases. The players say the lawsuit was their
last recourse.
An additional lawsuit has been
filed by Crave Entertainment, who has an exclusive licensing agreement with
Raymer, Duke and Lederer to use their images and likeness for its popular World
Poker Tour-branded poker video game. If anything, this additional lawsuit
gives the players' claim even more merit, for it shows the entrapping nature of
the WPTE releases, as well as its uncompromising stance in regards to previous
contractual rights of players.
Kessler said that although the
players knew about these rules from the start of the WPT, the popularity of the
tournament has grown so considerably that the rules are no longer justifiable.
Additionally, the rules have only become more monopolizing since the start of
the poker tour. As such, the players are asking that the language of the
releases be changed and that all previous releases signed by the players be deemed nil
and void. They are also seeking punitive damages (undeclared value as of
yet) for the World Poker Tour's use of their image and likeness in prior WPT
marketing promotions and products.
Lawyers for WPTE say they will
fight the lawsuit in court, and that the claims made are unfounded and
without warrant. The CEO and founder of World Poker Tour Enterprises,
Steven Lipscomb commented that it is unfortunate that a small handful of players
are making these demands, when all of the other thousands of players who have
signed such releases have been satisfied with the outcome. What seems to
be missing from Lipscomb's point of view is that only a handful of players are used in
such a way to promote WPT events.