Headline Intellectual Property Right of Publicity Sports Law

New Right Of Publicity Legislation Could Negatively Impact Athletes

Very talented athletes stand to make more money from off field/court/ice/etc. activities than what they earn based on performing in the trade that they are truly qualified.  Agents, attorneys, and marketers attempt to find and negotiate these deals for their athlete clients.  Often times, those deals are licensing agreements, or at least contain provisions that […]

Headline Intellectual Property Trademarks

These Burgers Are Not Made By The Dodgers

Earlier this week, I talked about trademark bullies, and the U.S. Patent and Trademark Office’s (USPTO) concern that the practice of bullying is getting out of hand.  Would you file the following lawsuit into the category of bullying? The Los Angeles Dodgers is giving Brooklyn Burger a hard time about its use of the classic […]

Headline Negligence Torts

A Negligent Act By A 4-Year-Old Riding a Tricycle?

Anyone who has taken 1L Torts class is not surprised that a 4-year-old can be sued in a court of law.  In fact, anyone versed in the law might not be shocked and appalled should a 4-year-old be found guilty in a tort action.  How could one forget the case of Garratt v. Dailey, where […]

Headline Intellectual Property Trademarks

Trademark Bullies Beware

No one likes a bully, and that includes “trademark bullies.”  One definition of “bullying” is, to treat in an overbearing or intimidating manner (synonym = intimidate).  So how exactly does one intimidate others with trademarks?  Through aggressive litigation tactics by those with power against those with limited resources.  The U.S. Patent and Trademark Office (USPTO) […]

Headline Intellectual Property Sports Law

Upper Deck Sued For Using Karim Abdul-Jabbar’s Likeness Without His Permission

When a trading card company uses a professional athlete’s picture on one of its cards, it needs to first have permission from the athlete before printing the cards and selling them to the public for profit.  Karim Abdul-Jabbar is ready to put up a fight against the Upper Deck Inc. after the company released cards […]

Contracts Headline Sports Law

If You Sign An Agency Contract, You Will Have To Pay Your Agent!

Tom Condon, who is an agent in the football division at Creative Artists Agency (CAA), has filed a lawsuit in federal court against former client, Ryan Pickett.  Condon claims that Pickett owes the agent $83,600 in unpaid agent fees, and wants the court to confirm and enforce an arbitrator’s order stating such is true.  The […]

Constitutional Law Cyberspace Headline

Google Buzz Class Action Settlement

Last night, Google sent out a “mandatory announcement” to all Gmail users in the United States as part of a legal settlement, which was authorized by the United States District Court for the Northern District of California. The note stipulated that Google has reached a settlement in a lawsuit regarding Google Buzz, a service Google […]

Copyright Cyberspace Headline Intellectual Property

LimeWire Receives Permanent Injunction

Peer-to-peer music sharing’s glory days are long gone.  Napster used to be a favorite for people interested in swapping music with one another for free.  It did not take too long for the music industry to see the writing on the wall, and Napster had to completely change the services it offered.  Other peer-to-peer start-ups […]

Antitrust Headline Sports Law

One-Year Scholarship Rule Antitrust Battle

Last Monday, Joseph Agnew, a former Rice University football player, filed a lawsuit in the U.S. District Court for the Northern District of California in San Francisco based on the NCAA’s one-year scholarship rule.  The rule restricts a school from giving an athletic scholarship to a student-athlete for more than one-year at a time. Agnew was affected by […]

Cyberspace Headline Personal Injury Sports Law

Strong Wind Gusts Leads To Notre Dame Student’s Death

Last Wednesday, junior Declan Sullivan was recording Notre Dame football’s practice from the top of a hydraulic lift before he fell to his death.  He was doing his job, videotaping practice from an aerial view so that the football players would later be able to see what they needed to correct before game day.  Then a […]