Art, Entertainment & Sports Updates

Read need-to-know updates, commentary, and analysis on Art, Entertainment & Sports issues written by leading professionals.
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NCAA appeals district court decision in O’Bannon v. NCAA

On November 14, 2014, the National Collegiate Athletic Association (“NCAA”) filed a brief in the Ninth Circuit challenging a district court’s injunction on the enforcement of NCAA rules barring college athlete compensation as...more

Social media boosting college football popularity

Harris Poll, a company that has asked adult fans to identify their favorite sport each year since 1985, recently reported that professional football is the most popular sport in America — for the 30th year in a...more

UK: The Phil Ivey case – English court rules for first time on civil law offence of cheating

In the first case since the coming into force of the Gambling Act 2005, the English courts have determined whether the conduct of a party to a gambling contract amounted to cheating for the purposes of civil law. The...more

Gaming Legal News: Volume 7, Number 11

AMENDMENTS TO BRITISH COLUMBIA GAMING CONTROL ACT – SUSPENSION AND CANCELLATION OF GAMING REGISTRATIONS - On October 23, 2014, the Government of British Columbia introduced Bill 4, Miscellaneous Statutes Amendment Act...more

Goodfellas Actor Files Suit Over a Character from The Simpsons: The Limitations on Rights of Publicity Claims

On October 21, 2014, Frank Sivero, an actor who played Frankie Carbone in Goodfellas, filed a $250 million lawsuit against Fox and Abram Groening, the co-creator of The Simpsons, claiming that the wiseguy “Louie” character on...more

Business Round Up: The News and the Views

Thomas Pink Ltd v Victoria’s Secret UK Ltd [2014] EWHC 2631 (Ch) Two particular points for brand owners to take away from the decision: 1. If faced with an invalidity challenge on the grounds of s3(1)(b) or (c)...more

Manatt Digital Media - November 2014

Cutting of the Cable Bundle, NOT the Cord—Welcome to “The Great Unbundling” - 2014 is a transformative year for the media business. We will look back several years from now and fully realize this. First, anyone...more

China Court Ruled Infringement for Ambush Marketing in Film Industry

The term “Ambush Marketing” originally came from inappropriate sport advertisement in western countries. It involves a marketing strategy wherein the advertisers associate themselves with, and therefore capitalize on, a...more

LOVE Copyright

The artist, born Robert Clark, changed his last name to Indiana (his home state) when he moved to New York in the 1950s. Indiana was part of the art scene that included Jasper Johns, Robert Rauschenberg, Cy Twombly,...more

Michael Garcia Now Just Taunting FIFA

And I say that in the most complimentary way. If you haven’t been following this story, here’s a quick recap: FIFA awarded the 2018 and 2022 World Cups to Russia and Qatar, respectively. This raised eyebrows, as they say. ...more

NCAA Appeals Ruling on Compensation for Student-Athletes

On November 14, 2014, the National Collegiate Athletic Association (NCAA) submitted its initial brief to the Ninth Circuit Court of Appeals challenging the Northern District of California’s August decision that the NCAA’s...more

Celebrity Endorsements, Online Poker and the FTC

Last week, without much attention, four new regulations affecting online gaming operations in New Jersey became effective under the authority of the Division of Gaming Enforcement. The rules include changes to directives on...more

Gaye Don't Got To Give It Up

Years before I was a lawyer, I saw Vanilla Ice on The Tonight Show. Jay Leno asked whether his song, Ice Ice Baby (listen to seconds 8-24) sounds like David Bowie’s Under Pressure (listen to seconds 9-20). I’ve not seen a...more

Judge Sweet trims award of attorney’s fees because of block billing and claims for fees for a non-compulsory defense; issues final...

Touchtunes Music Corp. v. Rowe International Corp., Arachnid, Inc., et al. October 21, 2014 - Case Number: 1:07-cv-11450-RWS - Judge Sweet, having previously found this case to be exceptional, awarded...more

Division I Athlete Commences Collective Action Seeking Pay For Play

A complaint recently filed in the Southern District of Indiana alleges that the NCAA and its Division I Member Schools have jointly agreed and conspired to engage in a widespread pattern, policy, and practice of failing to...more

Running Interference: S.D.N.Y. Lays Out Standards for Tortious Interference in Dispute Between Watchmaker and Former Employees

The U.S. District Court for the Southern District of New York recently cleared the way for a Michigan watchmaker to pursue claims for trade secret misappropriation, among other things, against two former employees who left to...more

Insolvency in the Fashion Retail Sector: Understanding and managing the risks of an insolvent acquisition

Opportunity Arises Out of Adversity - The recent global financial crisis has seen consumers tighten their belts and the retail industry as a whole has faced increasing pressure. Profits warnings have peppered the...more

Can broadcast organisations forbid newspapers to publish full data on a weekly basis?

The decision in Football Dataco by the European Court of Justice ended the possibility by broadcasters of appealing to the so called Dutch Geschriftenbescherming (kleine Munze). In the commented case, the Amsterdam Court...more

Ginuwine Concerns for Management Contracts

Elgin Baylor Lumpkin (the performing artist better known as “Ginuwine”) is being sued by his former manager. For those familiar with the R&B star, one could make the (terrible) pun that he is being asked to “Pony” up dough...more

Google Play and the Slow Transition to Mobile for Real Money Gaming

If the past 10 years have taught us anything it’s that the future is not just online, it’s on the go. For countless consumers, mobile and tablet devices are the preferred method of accessing online content. After a slow...more

Frozen - An IP Fairy Tale

On this especially cold day in the Northeast, my thoughts are on the coming winter. And winter reminds me of the cold, and of feeling frozen. And the word frozen reminds me of Disney’s Frozen, the highest-grossing animated...more

GB: Commission publishes rating system on the protection of customer funds

The Commission has published its rating system and an advice note to operators on the requirements to segregate customer funds and disclose to customers the level of protection offered in the event of insolvency....more

GLOBAL: How to protect brand reputation and sales from the risks associated with a product recall

In the past decade or so, manufacturers in the developed world that would previously have created their entire product in their own country now outsource manufacture to other parts of the world. This has had significant...more

FIFA and Good-Faith Investigations

You know things are getting bad when the Wall Street Journal (WSJ) questions a business’ moral authority. Things certainly cannot be much better when the regulators begin nosing around your own self-indulgence. What happens...more

Player Eligibility Above Academic Integrity? Ways to Avoid UNC-Chapel Hill’s Academic Scandal

An independent investigation of the African and Afro-American Studies (AFAM) Department at the University of North Carolina at Chapel Hill suggests that this prestigious institution placed player eligibility above academic...more

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