It is our belief that there has never been a time in the history of the United States that trademarking has been as important as it is today. Thus, you will want to make sure you have retained the right trademark lawyer to assist you with your needs.
Defensive end Myles Garrett ripped quarterback Mason Rudolph’s helmet off of his head and swung it at him near the end of a Thursday Night Football matchup between the Pittsburgh Steelers and Cleveland Browns. After the game, Garrett admitted to his wrongful action, stating, “I lost my cool and regret it. It’s going to come back to hurt our team.”
But could it also hurt Garrett off the field, in a court of law?
October 29, 2019 will either be remembered as the day that the NCAA signified a major shift in its position on whether college athletes should receive compensation in exchange for the commercial use of their names, images and likenesses, or it won’t. The bottom-line is that it is far too early to tell what the NCAA intended by way of the dissemination of a release titled, “Board of Governors starts process to enhance name, image and likeness opportunities.” It appears that was intentional. Read more “Stop Saying That The NCAA Will Now Allow College Athletes To Profit”
NFL players have reportedly been recently entering into Income Purchase Agreements, which are contracts that involve an up-front payment by a third party to a player in exchange for the player promising the third party a percentage of his current and future NFL contracts. The NFL Players Association caught wind of these Income Purchase Agreements and, while the Association has not barred players from entering into such agreements, it has provided a stern warning to certified Contract Advisors.
Everyone should have general counsel on a retainer.
Certainly, as a lawyer who stands to benefit from same, I am biased. But I also have a unique perspective, working for roughly 10 years with a variety of individuals and business as their legal counsel.
What I have learned during that time is that, 99% of the time, it makes more sense for individuals and small/medium companies to retain outside general counsel as opposed to hiring in-house legal counsel. However, not every law firm is equipped to serve in this type of general outside counsel capacity.
When you are threatened with litigation, whether it be in the realm of intellectual property or otherwise, you don’t need to sit around waiting and wondering if/when an action will be filed against you. Instead, there is a type of action called a Complaint for Declaratory Judgment that allows you to go on offense, essentially asking the court to intervene and solve a dispute that cannot be reconciled by and between the parties.
On October 22, 2019, the Copyright Alternative in Small-Claims Enforcement Act (the CASE Act), was approved by a 410-6 vote in the House of Representatives. The intention of the Act is to establish a small claims court for content creators to more easily take legal action against alleged infringers.
Eric Smith says he was falsely identified as the Cleveland Browns fan who threw his beer on Tennessee Titans player Logan Ryan during the Browns home opener on September 8, and now he is filed a lawsuit seeking relief.
On October 14, Smith and wife Antinuch Naowarat filed a Complaint in the Court of Common Pleas of Cuyahoga County, Ohio seeking damages based on causes of action of negligence, defamation, negligent infliction of emotional distress, false light and loss of consortium. The Browns, First Energy Stadium and National Football League Security are included as defendants in the action.
Carlton Ridenhour, better known as the rapper Chuck D., who founded hip-hop group Public Enemy, has filed a Complaint for declaratory relief regarding the ownership of copyrights, as well as causes of action for fraud and conversion against Michael Closter and Closter’s fully owned Reach Global, Inc. He claims that the defendants used false copyright registrations to fraudulently obtain ownership rights in certain musical compositions written by him.
Is “The Vitamin Shoppe” too generic of a name for the parent company to obtain trademark registration? After a year-long battle within the Trademark Trial and Appeal Board (TTAB) system, the answer is a resounding yes. Without a disclaimer for the entire mark, the TTAB was unwilling to reverse the U.S. Patent and Trademark Office’s (USPTO) refusal of the applications for registration.