Categories
Election Law

Summary Of Donald Trump’s Lawsuits In Michigan, Pennsylvania, Georgia, And Supreme Court Motion

Two days after the 2020 Election there is still no announced winner of the presidency. As ballots continue to be counted, the Trump Campaign has become involved in litigation in three states (Michigan, Georgia and Pennsylvania) and asked to be joined to a pending U.S. Supreme Court lawsuit that concerns mail-in ballots. Trump’s Lawsuit in […]

Categories
Copyright

Godfather Of Skateboard Art Sues Tony Hawk And Jack Black For Copyright Infringement

Jack Black and Tony Hawk are among the defendants in a new copyright infringement, unjust enrichment, and unfair competition lawsuit initiated by a California man named Wesley Humpston. The Complaint, filed in the U.S. District Court for the Central District of California is based on Humpston, who has apparently earned the reputation as “The Godfather […]

Categories
Sports Law Trademarks

It’s Tua Time, So Let’s Look At Tagovailoa Trademarking

It’s Tua Time. Former Alabama quarterback Tua Tagovailoa will make his National Football League starting debut today as the Miami Dolphins take on the Los Angeles Rams. Does that mean it is also time to try to lock up valuable intellectual property surrounding the future of the Dolphins franchise? Unless you are actually Tagovailoa, you […]

Categories
Sports Law

COVID-19’s Legal Impact On The NFL

The National Football League had its first outbreak of Covid-19 going into Week 4 of the league’s 2020 Season. Within a week, the Tennessee Titans had twenty organizational members tested positive for the Virus. It was also revealed that star Quarterback and former NFL Most Valuable Player, Cam Newton, from the New England Patriots tested […]

Categories
Copyright

The Test For Attorney’s Fees In Copyright Infringement Cases

Under 17 U.S. Code § 505 the prevailing party in a copyright infringement case may be entitled to an award of its reasonable attorney’s fees. It is not an absolute right but, instead, the court must make a case-by-case assessment and look at various relevant factors such as: (1) whether the claim was frivolous; (2) the party’s motivation; (3) […]

Categories
False Advertising

The Importance Of Disclosing Ownership On A Website’s About Page

How important is a website’s About page when a court is analyzing claims for false advertising and deceptive practices under the Lanham Act? An order from the U.S. District Court for the Southern District of New York in the case of Casper Sleep, Inc. v. Nectar Brand LLC, et al. provides an answer to the […]

Categories
Copyright

Court Grants Plaintiff Summary Judgment In Social Media Copyright Infringement Case

A new ruling from the U.S. District Court for the Southern District of New York addresses a hot topic of copyright infringement surrounding the posting of copyrighted material on social media. U.S. District Judge Mary Kay Vyskocil ruled in favor of plaintiff photographer Mark Iantosca on his motion for summary judgment against Elie Tahari, Ltd. […]

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 […]