clarinews@clarinet.com (01/11/90)
EUGENE, Ore. (UPI) -- The Oregon Attorney General's office has filed a motion in U.S. District Court in Eugene seeking to dismiss the National Basketball Association's lawsuit challenging the Oregon Lottery's Spports Action Game. The NBA suit seeks to stop Sports Action, the nation's only lottery game that involves betting on professional sports. The game originally involved betting against the point spread in professional football, but was extended in December to include professional basketball. The attorney general argued that the 11th amendment to the U.S. Constitution makes Oregon Lottery Commission members and its director immune from a federal lawsuit brought by private parties. The state also answered 21 complaints listed by the NBA, including claims of trademark infringement and violations of anti-gambling laws. The state said NBA scores cannot be protected as league property and also asserted that Sports Action does not violate laws prohibiting gambling on sporting contests because it is a game of ``predominent chance.'' ``Requriing that bets be placed on three to 14 games multiplies the chance factor,'' said Phil Lenman, a spokesman for the attorney general's office. Lenmam also said the state was not using any NBA trademarks. ``We use only geographic names,'' he said. ``Secondly, even if we are using trademarks, you can use a registered trademark to advertise your product.'' The NBA claimed the Sports Action game could tarnish NBA trademarks. ``They're saying the game links their trademarks to something unsavory and that is not true with a lawful state lottery.'' the spokesman said. The Oregon lottery uses profits from the Sports Action game to fund collegiate athletics.