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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AUSTRALIA: Courts not siding with ‘Pitchsider’

A British man banned from attending Cricket Australia (CA) matches for allegedly ‘pitchsiding’ at three ‘Big Bash League’ matches held in late December 2014 has indicated that he intends to challenge the legality of the ban....more

For the Redskins, NFL Playoff Season Means. . . Constitutionality Questions?

The NFL playoffs aren’t the only big football news happening this month! The U.S. Department of Justice recently decided to intervene in the Washington Redskins trademark litigation over the constitutionality of certain...more

Protecting Polka Dots and Zebra Stripes Through Copyright: Eleventh Circuit Affirms Ruling that Boot Designs are Infringed (But...

A relatively common problem affecting the fashion industry is claims of copyright infringement over designs that appear on clothing and other merchandise. In particular, retailers create product overseas, unaware that a...more

Entertainment Industry Case Study: Marketing Spend Optimization

A global entertainment firm needed to market more efficiently thousands of DVD titles per year. Company A global entertainment firm, and specifically its DVD marketing and distribution branch operation....more

The NFL’s Super Bowl Trademark Nonsense

It’s that time of year again. Time to tiptoe around and avoid use of or make any reference to the Super Bowl. Whoops. Anyway, we’ve discussed this phenomenon before...more

The Patriots, the NFL and Compliance

You knew it was coming. No, not a Cialis-themed blog post, but close enough, ‘Deflategate’ and the compliance angle. In honor of this weekend’s Super Bowl it is certainly worth considering. You might think with all that is...more

FinCEN Addresses Illegal Sports Betting

FinCEN issued an alert indicating that certain organizations and individuals have been circumventing various laws related to sports betting, including by permitting "third-party betting" and reminding the industry about the...more

Super Bowl or Bust: Can Employees Gamble on the Big Game?

It is estimated that the 100 million dollars in wagers that Nevada sports books accepted for the 2014 Super Bowl accounted for just 1% of all Super Bowl betting last year; and the total amount of money wagered on the upcoming...more

Oakland A’s May Not Move, Ninth Circuit Says

After the Ninth Circuit’s decision on January 15, 2015, Major League Baseball maintains its exemption from the antitrust laws. Since the Supreme Court established baseball’s antitrust exemption nearly a century ago in 1922,...more

Don’t Even Think About Advertising a SUPER BOWL Party!

As we all know, Super Bowl XLIX will be played this Sunday in Phoenix, Arizona between the defending Champion Seattle Seahawks and the New England Patriots. There will be events of all kinds organized all around the country...more

Davis: Electronic Arts Gets a New Set of Downs and Still Can’t Score

Just over a month ago I wrote about the Davis v. Electronic Arts matter that was pending before the Ninth Circuit Court of Appeal.  Specifically, I opined that the matter was ripe for Supreme Court review in light of the...more

USA: Ninth Circuit Rejects EA’s “Incidental Use” Defense in Madden-Related Right of Publicity Suit

On January 6, 2015, the Ninth Circuit decided that Electronic Arts Inc.’s (“EA”) unauthorized use of former NFL players’ likeness as avatars in the Madden NFL video game series does not qualify for First Amendment protection....more

Playing “I-Spy” in the NFL Deflate-Gate Is No Different than the Workplace

Since I am married most of the year to a Football junky, I could not help but be drawn into the recent deflate-gate drama in which the NFL game-day footballs Tom Brady used in the Patriots game to defeat Baltimore, were...more

Who can I sue if my team doesn’t make it to the Super Bowl? #LawsuitAttorney

Apparently, this is the question one man asked himself after the Dallas Cowboys lost in the NFL playoffs to the Green Bay Packers. A key play in that game came in the fourth quarter when a pass to Cowboys receiver Dez Bryant...more

UK: Media – Sotheby’s auction house wins High Court battle over ‘Caravaggio’ painting

A claim for compensation against Sotheby’s auction house over the sale of a disputed ‘Caravaggio’ painting has been thrown out of the High Court...more

Betting Integrity: Study seeks to understand which betting products lie at the heart of the matter

An interesting study has just been published by the Asser Institute, which looks at whether any empirical evidence can be found to support the views expressed by certain gambling and sports regulatory bodies that the major...more

Mississippi Microbrewery Modernization Act of 2015

Representative Toby Barker recently introduced House Bill 1158, the Mississippi Microbrewery Modernization Act of 2015. This bill would allow certain breweries in Mississippi to sell products on the brewery premises and...more

Status Updates - January 2015 #5

Pupils, passwords and privacy. A law that went into effect on January1st has the parents of some Illinois school children asking themselves how much of their children’s privacy they’re willing to forgo to keep cyberbullying...more

Advertising Law - January 2015 #2

Safeway Must Pay Customers for Higher Online Prices - A California federal court judge has ruled in a breach of contract suit that Safeway is liable to customers who paid more for items online than in the store. ...more

FTC Director Rich: Greater Transparency Needed in Post-Mad Men Era of Online Advertising

The world of the popular television show Mad Men may be glamorous, but according to the Director of the Federal Trade Commission’s Bureau of Consumer Protection, Jessica Rich, it depicts more fiction than fact about modern...more

The future of sportsbetting after Stanleybet decision

The decision of the European Court of Justice in the Stanleybet case might affect the future of the Italian sportsbetting market during a period when CTDs are still on time to “cure” their status....more

Copyright Alert: Fox v Dish Summary Judgment Rulings

Mixed Outcomes on Copyright and Contract Issues Re: Volition, Time- and Space-Shifting, Intermediate Copying and Commercials-Skipping - In a complex opinion addressing intermingled copyright and contract issues, a...more

UK: Data Protection - Information Tribunal rule on FOIA exemptions concerning the Tate Gallery and BP

The First-tier Tribunal (Information Rights) has considered whether the Tate Gallery was exempt from disclosing information concerning sponsorship and meeting minutes to BP under sections 41(1) and 43(2) of the Freedom of...more

Davis v. Electronic Arts: Another Right of Publicity Loss for Media Companies

On January 6, 2015, Electronic Arts, Inc. (“EA”), maker of Madden NFL video games, lost its appeal to dismiss claims by approximately 6,000 retired professional football players in Michael Davis, et. al v. Electronic Arts,...more

Back to the Future—Supreme Court to Review Rule On Post-Expiration Patent Royalties

Kimble v. Marvel Enterprises - The U.S. Court of Appeals for the Ninth Circuit, in affirming a district court decision that toy maker Marvel was not required to make payments after the expiration of a patent,...more

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