Categories
Contracts Sports Law

Coca-Cola Sued For Using COVID-19 To Terminate $34 Million NHRA Sponsorship

It was just a matter of time before companies would start looking to get out of major compensation obligations in their sponsorship agreements that had gone sour, using the novel coronavirus as a foundation for termination. The biggest sports sponsorship in question is probably Under Armour’s 15-year, $280 million Athletic Product and Sponsorship Agreement that […]

Categories
Gaming Law

Should Esports Agents Become Licensed As Talent Agents?

The esports industry is responsible for roughly $975 million in revenue in 2020 and is expected to jump to $1.6 billion by 2023, according to data from Statista. There would be no revenue to boast of without the talent competing in the various game titles, and with the talent generating significant incomes for themselves, there […]

Categories
Intellectual Property

The High Burden To Restrain Negative Reviews On Amazon And Other Sites

A key element of any motion for temporary restraining order or preliminary injunction is demonstrating the likelihood of irreparable harm. In federal cases, the standard is provided by Federal Rule of Civil Procedure 65, and case law has made it clear that this type of relief is considered an extraordinary and drastic remedy. The high […]

Categories
Copyright

Court Says Plaintiff Needs More Than IP Address To Prevail In Copyright Infringement Case

Earning a judgment against an individual allegedly infringing on one’s copyright is not as simple as obtaining information attaching an IP address to the supposed infringer and connecting the dots for the judge. The court denied a plaintiff’s motion for default judgment in a case pending before the U.S. District Court for the Northern District […]

Categories
Civil Procedure

Court Makes It Easy For Plaintiff To Serve Chinese Company Via Email

What happens if you file a lawsuit against an individual in a foreign country and find difficulty in serving the individual with the Summons and Complaint? This is a very common issue faced by plaintiffs who seek relief from individuals who are based outside of the United States. A recent ruling in the U.S. District […]

Categories
Conversion Trademarks

Who Owns A Social Media Account And Can A Former Employee Create A Similar Account Upon Leaving?

Who is the rightful owner of a social media account? This has become a very important question no matter whether the account is on Twitter, Instagram, Facebook, Snapchat, TikTok. Disputes commonly arise surrounding the ownership of social media accounts when employees who had access to and used those accounts during their employment are no longer […]

Categories
Trademarks

Purchasing Trademarked Search Terms, On Its Own, May Not Constitute Infringement

Is it considered to be trademark infringement when one company decides to purchase keyword advertisements on search engines or the like, using another’s trademark registrations within the purchased search terms? A new recommendation from a U.S. Magistrate Judge sitting in the Northern District of Texas provides some thoughts on the subject matter. In the case […]

Categories
Uncategorized

Supreme Court Says Yeah, Booking.com Deserves A Trademark Registration

The Supreme Court of the United States has ruled that the United States Patent and Trademark Office (USPTO) improperly denied the registration of Booking.com as a trademark based on the theory that it is a generic term. The main holding by the highest court is that just because a name (like “booking”) is generic, that […]

Categories
Trademarks

CBD Trademarks Now Have Tough Road Toward Registration

The U.S. Trademark Trial and Appeal Board (TTAB) has just issued an opinion that is not going to please individuals and corporate entities in the Cannabidiol (CBD) space. It has ruled, in the case of In re: Stanley Brothers Social Enterprises LLC, that a Colorado CBD company is not permitted to have its trademark registered because […]

Categories
Contracts

How Heitner Legal Assisted Devin Funchess

2015 second round NFL Draft pick Devin Funchess was in the market to purchase a residential property in Florida. When shopping around for lawyers to help ensure that he was fully protected in the process, he landed on Heitner Legal and ended up engaging us to review all contractual documents associated with the transaction. We […]