Categories
Intellectual Property

Are You Ready For Some…JON GRUDEN FOOTBALL™?

This past week, news regarding an interesting trademark that was filed for nearly a year ago began making the rounds; it was reported that JON GRUDEN FOOTBALL received federal trademark protection after being officially registered by the United States Patent and Trademark Office (USPTO). Specifically, the trademark – which was officially registered on October 13, […]

Categories
First Amendment Intellectual Property

What’s in a Name

Who’s excited about football being back in full swing? Me. As I watched with excitement during week 1 my eyes were particularly fixed on FedExField and the Washington Redskins. I’m a fan. I’ve been one since I can remember and, no matter how many times they let me down, I’ll probably be one until the […]

Categories
Endorsement Deals Intellectual Property NCAA Violations

Reading Between the Lines of the Pac-12’s Concepts for Proposal

Roughly two months after United States District Judge Claudia Wilken approved a $60 million settlement that would compensate past collegiate players for the NCAA’s use of their name, image, and likeness in video games manufactured by Electronic Arts (EA Sports) from the years 2003 to 2014 – a decision currently being appealed by the NCAA […]

Categories
Intellectual Property

Nike Sued Over Air Jordan Logo

Due to an alleged use of an expired license, the future of the most recognizable sneaker line logo is now at risk. Jacob Rentmeester says he took a photograph of Michael Jordan in his Olympic warm-ups in 1984 and that he granted Nike use of the logo for two years. During the two-year period, Nike […]

Categories
Antitrust Intellectual Property NCAA Violations

Part 2, Marshall v. ESPN: Former Student-Athletes Claim Violation of Sherman Antitrust Act (filed 10/3/14)

Last week I wrote an article describing Marshall v. ESPN (see the Complaint here), the latest federal class-action lawsuit in which college athletes are seeking damages against the broadcasting firms, college athletic conferences, and licensing firms they allege violated their rights of publicity. Now I will analyze the fourth cause of action of the lawsuit, […]

Categories
Contractual Issues Intellectual Property NCAA Violations

Former Student-Athletes File Lawsuit To Protect Their Rights of Publicity: Recap of Marshall v. ESPN (filed 10/3/14)

Ten former college football and basketball players, mostly residents of Tennessee, filed a class action lawsuit on October 3, 2014 in the United States District Court for the Middle District of Tennessee, Nashville Division. The plaintiff athletes, having played football and/or basketball for Vanderbilt University and The University of Tennessee, among other schools, seek to […]

Categories
Antitrust Intellectual Property NCAA Violations Uncategorized

Big Changes Ahead for NCAA: Autonomy for Big 5 Conferences

In August of this year, the NCAA Board of Directors approved more autonomy for the Big 5 Conferences in a 16-2 vote. The Big 5, consisting of the SEC, ACC, Big 10, Big 12, and PAC 12, now has the power to change the landscape of collegiate athletics. These conferences have the ability to vote on and enact new rules […]

Categories
Intellectual Property

We Must Protect This Trademark

The following article is a guest contribution from Alan Wilmot, a 2L at the University of Miami School of Law. Under Armour and Nike Inc. reached a settlement agreement regarding the trademark infringement lawsuit initiated by Under Armour for Nike’s alleged illegal use of the “I Will” slogan. As a result, Under Armour’s complaint was […]

Categories
Intellectual Property

Ryan Hart v. Electronic Arts: Right of Publicity for College Athletes

The following article was written by Benjamin Haynes, Esq. In 2009, former Rutgers quarterback, Ryan Hart, filed a lawsuit against Electronic Arts (E.A.) for violation of his right of publicity. Specifically, Hart stated that E.A. misappropriated his likeness for use in the NCAA Football video game in order to enhance the commercial value of the video […]

Categories
Intellectual Property

An In-Depth Look at the University of Alabama Board of Trustees vs. New Life Inc, Daniel A. Moore, Appellate Decision.

The following article is a guest contribution by Benjamin Haynes, Esq.   Haynes is a former Division 1 Basketball Player at Oral Roberts University and currently practices law in the State of Florida. Background: Daniel Moore has been a famous sport artist for over 25 years. Most people are familiar with the work he has done for […]