December 5, 2009

Why You Should Protect Your Trademarks Online and on Social Networking Sites

A recent article by Brian Winterfeldt of the National Law Journal caught my eye.  http://www.law.com/jsp/article.jsp?id=1202435924630&rss=newswire.  The article discusses how trademark owners must adapt to protecting their brands online and more particularly on social networking sites such as Facebook and Twitter. 
Business owners should always be aware how their brands are portrayed online, particularly with social networking sites.  Businesses need to monitor these sites [...]

October 16, 2009

WWE Lays the Smackdown When Protecting It’s Trademark

World Wrestling Entertainment Inc. “WWE” has sent a cease and desist letter to the Philadelphia Wine School for using the trademarked word “Smackdown” in advertising an event at the school.  The wine school has advertised that it will be holding a Sommelier Smackdown for a food and wine pairing competition it has held since 2007.   The WW [...]

September 28, 2009

Eminem Sues Apple(iTunes) for improperly using his music

Rapper Eminem is in the legal news once again with his record label Eight Mile Style alleging that Apple Inc. did not have a license to reproduce and sell 93 Eminem songs in which Apple has allegedly made $2.58 million from the iTunes downloads.  http://www.law.com/jsp/article.jsp?id=1202434110176&rss=newswire
Eight Mile is arguing that Eminem’s contract with Aftermath (his old record label) did not authorize Apple [...]

August 28, 2009

Who Decides Who can Own a Professional Sports Team; a Sports League or a Court of Law?

An interesting case coming from the NHL will most likely decide whether a sports league or a court of law may decide who may purchase a professional sports franchise.  http://www.law.com/jsp/article.jsp?id=1202433401660&rss=newswire
The Phoenix Coyotes of the NHL filed for bankruptcy earlier this year in which the bankruptcy court will decide whether Jim Balsillie, a wealthy businessman from Canada, [...]

July 26, 2009

Will former NCAA Athletes be allowed to Profit from the NCAA for the Use of their Own Name and Likeness in the Future?

In what would be a change of NCAA policy, former NCAA athletes may soon be entitled to receive compensation for the use of their name or likeness.  Currently, former NCAA athletes are not allowed to gain royalties from the NCAA whenever the organization or member schools use athletes names or likenesses for profit on items such as video games, DVD’s [...]

July 5, 2009

Supreme Court to Decide Whether the NFL Licensing Agreement Violates Antitrust Laws

The Supreme Court of the United States has decided to take on the case of American Needle v. National Football League which is scheduled to be heard later this year or in early 2010.  http://seattletimes.nwsource.com/html/politics/2009391296_apussupremecourtnfl.html
The case will have a significant impact on all sports leagues and will determine whether the NFL is acting as a [...]

June 20, 2009

So How Much Money is a Song Worth Anyways?

A jury last week determined the decade old question of just how much money a song is worth if it is illegally downloaded.  The jury’s answer:  $80,000 per song.    Jammie Thomas-Rasset was accussed of illegally downloading 1,700 songs through the file sharing program Kazaa, although she was only prosecuted by the Recording Association of America (RIAA) for illegally downloading [...]

June 14, 2009

Cardinals Manager Tony La Russa takes Twitter to Court, Will Probably Lose

The name, image, and likeness of a celebrity or sports figure is viewed by the courts to be the intellectual property of that particular individual.  With the creation of Twitter, Facebook and other social networking sites, individual’s intellectual property in their names  have the possability of being infringed upon in a new medium.  Tony La Russa, [...]

May 17, 2009

Redskins Win Right to Keep Their Nickname…..For Now

The NFL’s Washington Redskins have won another legal decision against a group of Native Americans who claim that the team’s nickname “Redskins” is racially offensive.   http://sportsillustrated.cnn.com/2009/football/nfl/05/15/redskins.ap/index.html
The battle between the Native Americans and the NFL franchise for the right to use the “Redskins” has been going on for over 17 years.  The attorneys for the Redskins [...]

May 9, 2009

New Legislation May Lift Ban on Using American Credit Cards for Online Gambling

Currently in the United States it is illegal for Americans to use credit cards to place bets of any kind online.  This rule was enacted in 2006 under the Uniform Internet Gambling Enforcement Act  (UIGEA).  Representative Barney Frank (D-Mass.) seeks to repeal the UIGEA and make it possible once again for American banks to allow their [...]