Antitrust Sports Law

The National Collegiate Appeals Association

Per Steve Berkowitz, the NCAA announced that it plans to appeal the recent decision of the 9th U.S. Circuit Court of Appeals to uphold a 2019 decision by Judge Claudia Wilken. This appeal would be reviewed by the U.S. Supreme Court if selected. As leading sports law expert Darren Heitner pointed out, this is far […]

Copyright Trademarks

Hello I Am Elliot: The Startup’s IP Nightmare

On July 2, in New York’s Southern District, global e-commerce startup (“Hello I Am Elliot”) brought an action into Court for trademark and copyright infringement against Derek J. Sine and Vander Group, another e-commerce company. Sine was Vice President of Vander Group, and together the parties were business affiliates of Hello I Am Elliot, licensed […]

First Amendment

Is The Yankees Hair Policy A Violation Of The Constitution?

Former National League MVP and five-time All-Star outfielder Andrew McCutchen recently stated that the “Yankees’ hair rules take away from our individualism.” McCutchen was traded from Pittsburgh to San Francisco and then again to New York within the span of 2018. McCutchen was a member of the Yankees team after being acquired at the now […]


Supreme Court Says Yeah, 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 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 […]


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 […]


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 […]

Gaming Law

How Heitner Legal Assisted Andrei Kirilenko

During his playing days, Andrei Kirilenko (AK47) was wurthless on the basketball court. He was a first round pick of the Utah Jazz and played for over a decade in the NBA. In retirement, Kirilenko has served as the commissioner of the Russian Basketball Federation. Part of his role in serving as commissioner has been […]

Business Law

How Heitner Legal Assisted Alex Katz

Professional baseball player and Team Israel participant, Alex Katz, came to Heitner Legal with a business law issue. He had created a very successful sports cleat/turfs/shoe customization company and was having a dispute with his business partner.


Supreme Court Clarifies That Willful Infringement Isn’t Necessary To Disgorge Profits In Trademark Cases

One of the big reasons why individuals and companies choose to apply for the registration of trademarks is to enforce those registered marks against infringers. By owning a valid trademark registration, one is able to file suit in federal court and seek monetary and/or injunctive relief. The type of monetary damages on the table has […]


States Given Carte Blanche On Copyright Infringement, For Now

Are states completely immune from federal copyright infringement actions brought by individuals? That question was just answered by the U.S. Supreme Court in the case of Allen, et al. v. Cooper, Governor of North Carolina, et al. Frederick Allen recorded videos and captured photographs of a shipwreck off the coast of North Carolina. He registered those works […]