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.
Is the word “RIOT” now so attached to the company Riot Games that no other company can use the word in its name? Riot Games seems to think so based on its recent initiation of a lawsuit in the U.S. District Court for the Central District of California.
Before one can sue for breach of contract, he must be able to prove that there is an enforceable contract under which to sue. In Florida, it has been stated many times that contracts with minors can be voidable, and a minor has a legal right to disavow a contract, because of minority.
Ohio State was denied the trademark registration to “THE” and LeBron James lost in an attempt to register “TACO TUESDAY.”
Neither outcome should be shocking, whether you are a trademark attorney or not.