Items of Interest: Tattoo Ownership, CA Sports Betting, Trademark Protection For ‘Scandalous Brands,’ Etc.

Members of the Sports & Entertainment Law Section found the following recent third party articles to be of potential interest to the Section

Athletes Don’t Own Their Tattoos. That’s a Problem for Video Game Developers.

California Sports Betting Faces Tough But Not Impossible Road

Counterpoint: Maybe Athletes Should Rush To The Trademark Office … If They Play For Teams Like The Dallas Mavericks

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The Show Must Not Go On: NCAA Faces Enforcement Hurdle Following Court’s Prohibition Against Show Cause Penalties

By Rob Harrington

A California Superior Court Judge struck down a critical component of NCAA enforcement in early October, ruling that the organization’s “show cause” penalties unlawfully constrain a person’s right to seek employment under California law.[1] Judge Frederick Shaller’s decision gave former USC assistant football coach Todd McNair a victory in his seven-year battle against the NCAA, although it remains uncertain whether that victory can withstand the inevitable scrutiny to be administered by other courts.

The NCAA relies on show cause penalties as one of its most devastating punishments, designed to deter bad behavior by NCAA coaches. The organization reserves these orders for serious offenses, and the orders require that a school hiring (or continuing to employ) an impacted coach to detail for the NCAA how it will monitor the coach. Additionally, if a coach laboring under a show cause order commits further rules violations, the organization will levy more severe punishments to the institution. Because these penalties are affixed to an individual, rather than the school, they can make the coach effectively unhirable.[2]

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‘Big Pimpin’’ and Moral Rights: A Look At a Ninth Circuit Copyright Appeal

By Michael Garrigan

Shawn Carter, professionally known as rapper and entrepreneur Jay-Z, released the hip-hop track “Big Pimpin’” in 2000. Like many songs in the hip-hop genre, “Big Pimpin’” contains a fair amount of profanity and suggestion. “Big Pimpin’” peaked at #18 on the “Billboard Hot 100” chart. The song also ranks at #467 on Rolling Stone’s “500 Greatest Songs of All Time.” Producer, Timothy Mosley, professionally known as Timbaland, provided an eclectic sound bed over which Jay-Z could compose—an infectious, exotic flute melody consumed by a Southern hip-hop beat. The flute melody would eventually be the source of an eleven (11)-year legal dispute.

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Items Of Interest: President Trump, the Iranian Nuclear Deal and the FIFA World Cup

Members of the Sports & Entertainment Law Section found the following recent third-party articles to be of potential interest to the Section:

How is President Trump’s withdrawal from the Iranian nuclear deal related to the FIFA World Cup?

Seventh Circuit Upholds NCAA ‘Year In Residence’ Requirement For Transfers

NHL Secures Federal Court Victory As Class Action Status Denied In Concussion Case

The US Army Gets Armistice With NHL Team Over ‘Golden Knights’ Trademark

Copyright and Tattoos: Who owns your ink?

Black Eyed Peas’ will.i.am Can’t Trademark #Willpower

Notorious ‘Porno-Trolling Scheme’ Lawyer Pleads Guilty

Restrictive Covenant Targeted in Efforts to Bring Sports Betting to Cherry Hill Site

Why Didn’t Ohio State Fire Urban Meyer? Breaking Down Its Decision From a Legal Standpoint

Marshall University official issues warning about sports betting

The Week In Sports Betting: Here Comes College Football Season For Sportsbooks … And Daily Fantasy Sports?

Five Ways Legal Sports Betting Could Run Off The Rails

Buffalo Wild Wings Partners With DraftKings To Enter World Of Fantasy Football

Coaching contracts demand more obligations

Colin Kaepernick Wins a Ruling in Collusion Grievance Against NFL for Case to Proceed

The Mystery Of Columbia Pictures DMCAing Its Own Leaked Promotional Posters For Its ‘Holmes And Watson’ Movie

NFL Can’t Avoid Copyright Suit by Sports Photographers

Requirements for Submissions to the NCBA Sports & Entertainment Law Section Blog

Blog pieces are geared toward informing laypeople and practitioners of relevant legal issues and current legal events in the areas of sports and entertainment.  It is a great opportunity to get published while in law school!

Submission Requirements:

  • Choose a current/relevant issue in Sports and Entertainment Law and advocate a position.
  • A maximum of 1,500 words in Microsoft Word and 25 footnotes in Bluebook format.
  • Send by e-mail to Kelly Ryan ([email protected]) and Amanda Whorton ([email protected]) with the subject line: NCBA Blog Submission
  • Also include the following:
    • A link to your LinkedIn bio
    • How you would like your name to appear on the post
    • A head shot sent as a separate attachment

We look forward to reading your submissions for publication consideration!

Sincerely,

Kelly and Amanda

Communications Co-chairs

Sports & Entertainment Law Section

North Carolina Bar Association

Items of Interest: Start Replying With ‘STOP,’ Armstrong Settles, DJ Khaled Exposed

Members of the Sports & Entertainment Law Section found the following recent third-party articles to be of potential interest to the Section.

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Items of Interest: Hidden Liability of March Madness Pools, Powerball Winner Sues for Anonymity

Members of the Sports & Entertainment Law Section found the following recent third-party articles to be of potential interest to the Section.

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Items of Interest: German IP Law and Esports, Mark Hammill, Media Modernization

Members of the Sports & Entertainment Law Section found the following recent third-party articles to be of potential interest to the Section.

Let the games begin: German IP law in the world of esports

Endorsement Lands Mark Hamill in TINA’s Sarlacc Pit

Next Media Modernization Proposals – Eliminate FCC Filing Requirement for Certain Broadcast Licensee Contracts and Expunge Analog TV Rules

All the Money in the World: Mark Wahlberg, Michelle Williams, and Wage Disparity Issues

Vegas Golden Knights Brand in Free-Fall?

“Ticket-gate”- Revisiting the Intersection of Professional Football and Class Actions

Massachusetts to Tax Fantasy Sports?

Copyright Royalty Board Decision Will Raise Royalties Paid to Songwriters and Publishers By Digital Music Services

After the Supreme Court Touchdown, Washington Redskins Are Finally Winning at the Fourth Circuit and the PTO

Winter Is Coming

It’s alive! The public domain starts breathing again

Iron Maiden gets heavy with trademark infringers

Not So Blurred Lines

Contracts in football – the unconventional, bizarre and shocking

Gambling Laws Created Daily Fantasy Sports. Now It Could Cripple Them

TTAB denies Beyoncé requests in BLUE IVY CARTER Trademark Opposition Proceedings

Appeals court vacates decisions that canceled Redskins trademark registrations

The Larry Nassar Case and What Comes Next

In Michigan State Investigation, N.C.A.A. Moves Beyond Its Comfort Zone 

NBA Pushes For Legal Sports Betting in New York, But Wants Piece of the Action

Cleveland Indians Will Remove Chief Wahoo Logo From Uniforms in 2019  

Current Legal Issue: Muhammad Ali Sues Fox

By Jonathan Lewis

On June 3, 2016, boxing legend Muhammad Ali passed away from sepsis in an Arizona hospital, after a long fight with Parkinson’s disease.[1] Ali was known for his brash, braggadocious banter before bouts, as much as he was known for his fighting style in the ring. Many, including (and especially) Ali himself, regard him as the greatest boxer ever. After winning an Olympic Gold medal, becoming the then-youngest ever heavyweight champion at the age of 21, losing and regaining the heavyweight title twice more, and inventing both the “Ali shuffle” and the “rope-a-dope,” he was probably right.[2]

Aside from being a great boxer, Ali was also an entrepreneur. In 2006, Ali sold 80 percent of his company, G.O.A.T. LLC (Greatest of All Time), for $50,000,000.  G.O.A.T. LLC, which was subsequently renamed Muhammad Ali Enterprises LLC (MAE), controlled the use of Ali’s intellectual property, including his name, image, likeness, and rights of publicity.[3]

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