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Archive for the ‘Sports Law’ Category

ACLU Files Amicus Brief in Support of Washington Redskins’ Trademarks

By Amanda Liverzani – Edited by Yunnan Jiang

Football season may be over, but the trademark battle over the Washington Redskins’ team name, mascot, and logo continues to rage on in federal court. On March 5th the ACLU filed an amicus brief in support of the NFL team’s right to register six trademarks despite the disparaging nature of the term “Redskins.”  The ACLU urged the court to strike down as unconstitutional the portions of the Lanham Act that allow the USPTO to engage in viewpoint discrimination by denying registration of trademarks it deems “immoral, deceptive, or scandalous.”

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Posted On Mar - 17 - 2015 Comments Off READ FULL POST

Athlete’s Right of Publicity Outweighs First Amendment Protections for EA Video Game, Court Holds

Hart v. Electronic Arts, Inc.
By Samantha Rothberg – Edited by Alex Shank

The Third Circuit reversed the U.S. District Court for the District of New Jersey’s grant of summary judgment to Electronic Arts (“EA”) in a right of publicity action, on the grounds that EA’s appropriation of Ryan Hart’s likeness in a video game was protected by the First Amendment. The case was remanded to the district court for further proceedings consistent with the Third Circuit’s adoption of the “transformative use” test.

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Posted On Jun - 10 - 2013 Comments Off READ FULL POST
Despite First Amendment Challenge, Seventh Circuit Allows High School Sports Association to Exclusively License Broadcasting Right By Abby Lauer – Edited by Andrew Segna Wis. Interscholastic Athletic Ass’n v. Gannett Co., Inc., No. 10-2627 (7th Cir. Aug. 24, 2011) Slip Opinion The Seventh Circuit Court of Appeals affirmed the District Court for the Western District of Wisconsin, which had granted summary judgment to the Wisconsin Interscholastic Athletic Associate (WIAA) in a declaratory judgment action against local news media company Gannett ... Read More...
Posted On Sep - 5 - 2011 Comments Off READ FULL POST
Federal Circuit Affirms TTAB’s Refusal of South Carolina Baseball Logo Registration By Harry Zhou – Edited by Davis Doherty Univ. of S. Carolina v. Univ. of S. Cal., No. 2009-1064 (Fed. Cir. Jan. 19, 2010). Slip Opinion In a nonprecedential ruling, the Federal Circuit affirmed a decision by the Trademark Trial and Appeals Board (“TTAB”) refusing the appellant’s (“South Carolina’s”) registration of its Carolina Baseball Logo mark and granting summary judgment against the appellant on its counterclaim for cancellation of ... Read More...
Posted On Jan - 24 - 2010 Comments Off READ FULL POST
Class Action Seeks Compensation for Use of Likeness of Former NCAA Players By Ian B. Brooks – Edited by Sarah Sorscher Class Action Complaint, O’Bannon v. NCAA, No. CV 09-3329 (N.D. Cal. July 21, 2009) Complaint Former National Collegiate Athletic Association (NCAA) player Edward C. O’Bannon, Jr. filed a class action lawsuit on behalf of former NCAA student-athletes in the US District Court for the Northern District of California against the NCAA, the Collegiate Licensing Company (CLC), and multiple alleged ... Read More...
Posted On Jul - 26 - 2009 Comments Off READ FULL POST
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