Categories
Business

Florida’s New Limited Liability Company Act

For those looking to form a corporate entity with pass-through taxation, no limitation on the number of members (owners) allowed, limited liability for the company’s debts, flexibility to structure management, fewer formalities than a corporation, and/or the ability to form subsidiaries without restriction, the formation of an limited liability company in Florida may be exactly what […]

Categories
Copyright Entertainment Law

The Importance of Music Publishing Companies

Music publishing companies are extremely valuable to the future of recording artists and groups in the music industry. Most artists are typically concerned about securing their first major recording deal with a top label; as a result, they fail to see the importance behind obtaining or forming a publishing company. There are many record labels […]

Categories
Sports Law Trademarks

The Importance of Association

For BYU fans hoping to make use of apparel sporting the university’s football team’s slogan for the upcoming 2014 season, unfortunately, you are out of luck. This past week, BYU officials discontinued sale of merchandise containing the slogan “Rise As One,” removing the items from store shelves and online listings. The discontinuation of BYU’s use […]

Categories
Negligence

Examining The NCAA Concussion Lawsuit Settlement

This past Tuesday, the NCAA and former athletes came to an agreement on a settlement that would appear to effectively put an end to the lawsuit filed by several former athletes approximately three years ago. Pursuant to the agreement, member schools of the NCAA will be required to amend their current concussion-management policies and enact […]

Categories
Contracts Sports Law

Is An NBA Labor Dispute On The Horizon?

The National Basketball Association’s (NBA) collective bargaining agreement (CBA) is the contract between the National Basketball Players Association (NBPA) and the NBA Board of Governors (the commissioner and all thirty owners) that sets out the litany of regulations by which the league operates. The CBA outlines the rules for, among other things, player contracts, trades among […]

Categories
Sports Law

Vijay Singh’s Ongoing Fight Against the PGA

In the midst of last week’s arbitration ruling that labeled Jimmy Graham a “tight end” and today’s probate hearing that may or may not play a significant role in the future landscape of the NBA, one Sports Law news story that has been constantly set aside is the ongoing lawsuit against the PGA Tour initiated […]

Categories
Intellectual Property Trademarks

Cleveland Indians Next To Be Tested On Trademark?

On the heels of the recent Trademark Trial and Appeal Board (TTAB) decision to cancel six federally registered trademarks of the Washington Redskins, a Native American group has stated its intention to file a federal lawsuit against the Cleveland Indians. The advocacy group, People Not Mascots, led by Robert Roche, plans to initiate litigation challenging […]

Categories
Trademarks

Why Washington Redskins Should Care About Loss Of Federal Trademark Registration

This past week, the United States Patent and Trademark Office (USPTO) cancelled the federal trademark registration of the Washington Redskins based upon the belief that the team name and logo are disparaging to Native Americans. The Lanham Act contains the federal statutes that govern trademark law throughout the United States. Pursuant to Section 2 found therein, […]

Categories
Intellectual Property Trademarks

Trademarks Are Coming: Protecting ‘Milk Of The Poppy’ From Game Of Thrones

Those familiar with HBO’s hit show, Game of Thrones, undoubtedly are familiar with the term “Milk of the Poppy,” the medical drink used as both a painkiller and an anesthetic to help those throughout the Seven Kingdoms who have suffered from severe injuries. Recently, the term was used in the Season Four finale, “The Children,” […]

Categories
Defamation

Should Websites Be Concerned About Third Party Commentators?

Take a scroll with me; visit ESPN.com and read the latest article regarding speculation about where LeBron James should play next, or about how Richard Sherman was part of the latest scuffle to take place at an NFL minicamp. Instead of reading the content of the articles, go straight to the comment section. Typically, the […]