Read need-to-know updates, commentary, and analysis on Art, Entertainment & Sports issues written by leading professionals.
Beastie Boys Sue; Law Prof's 'Head Spins'
What's Next in Health Reform 2014
Breaking Bad: Is Final Episode a Trade Secret?
Redskins Name Is an 'Ethnic Slur,' Says Lawyer
Fantasy Football: The Legal Reality
Ernest DelBuono on Aviation
Jack Deschauer on Government Investigations
Social Networking: New Risks & Opportunities at Work
Inside NFL's Jaguars Owner's Fulham FC Purchase
What is a domain name? Is it the same as a company name?
Porn Copyright Trolls Receive Punitive Sanctions
Yankees' Lawyer on Manchester City MLS Partnership
Patent Series: Protecting inventions
Trademark Series: Use-based trademark protection
Trademark Series: Protecting your mark from becoming generic
Trademark Series: Matching your commercial strategy
Trademark Series: Building a global brand
Harlem Shake's Copyright Issues
Why Did Godzilla & James Bond Need Congress' Protection?
Jeff Ifrah on the Historic Legalization of Online Gaming in New Jersey
A man applies to be a weather anchor. The station instead hires “younger attractive females.” The man then sues the station, alleging discrimination....more
Hunter v. CBS Broadcasting, Inc. -
California Court of Appeal reverses denial of CBS’s anti-SLAPP motion to strike plaintiff’s gender and age discrimination claims, finding that selection of weather anchors is...more
The U.S. Court of Appeals for the Sixth Circuit is currently hearing an appeal of a district court decision, which if upheld would have enormous ramifications for freedom of speech and the online service provider safe harbor...more
Before John Calipari, Rick Pitino and other presently successful college basketball coaches, there was the “Shark”. Jerry “Tark the Shark” Tarkanian held an impressive run as the Men’s Basketball Coach at the University of...more
The Spanish Parliament has approved this week the so-called Market Unity Act. This piece of legislation is aimed at simplfying the difficulties of providing services or manufacturing or distributing goods connected with...more
This year, several important video game lawsuits helped clarify the parameters for using a celebrity’s likeness in video games. Generally speaking, courts have found that, unless you get permission, you can’t put a celebrity...more
If you’ve got a Facebook account, the following video has probably made an appearance or two (or twenty) in your status feed last month...more
Since 2009, former student-athletes have been litigating the issue of whether the apparent commodification of student-athlete likenesses in video games entitles the athletes to compensation. Defendants in these lawsuits...more
You've no doubt heard about the University of Maryland's withdrawal from the Atlantic Coast Conference and the University's unwillingness to pay the $50 million withdrawal fee required by the Constitution of the...more
The Third Circuit denied New Jersey’s request that the Court rehear arguments en banc in National Collegiate Athletic Association, et al. v. Governor of New Jersey, et al. (previously chronicled in the Goodwin Gaming Blog...more
The City of San Jose, California, entered into an option contract to lease land to the Oakland A’s, a Major League Baseball (“MLB”) club, for the construction of a new stadium. The land was within the exclusive territory of...more
Following a consultation with the main stakeholders, the Italian Communication Authority (Agcom) issued two new decisions (Decision n. 599/13/CONS and Decision n. 600/13/CONS) concerning radio and audiovisual media’s freedom...more
On September 24, 2013, Electronic Arts, Inc. (“EA”) reached a $40 million dollar settlement of lawsuits over the use of college athletes’ likenesses in EA’s popular college football video game series NCAA Football. EA also...more
Moore v. The Weinstein Company, LLC, USCA, Sixth Circuit, October 31, 2013 -
Sixth Circuit affirms summary judgment in favor of defendant producers and distributors of film “Soul Men” and its soundtrack, concluding...more
The race is on between the New Jersey Legislature and the Securities and Exchange Commission (SEC). Both are considering legislation to permit entrepreneurs to raise funds through equity crowdfunding.
New Jersey has some of the toughest bullying laws in the country, but could annihilating your opponent in a high school football game really constitute a violation?
In Texas, school officials were forced to consider such...more
Lewis v. Activision Blizzard, USDC, N.D. Cal, October 17, 2013 -
District court grants summary judgment against former employee “game master” of defendant videogame company, finding that sound recordings of employee...more
Freedom of expression bowed to the right of publicity on July 31, 2013, when a divided panel at the Ninth Circuit ruled that college athletes could proceed in litigation against Electronic Arts (“EA”) for making sports-based...more
In a Twitter world of brief news updates, the NCAA’s tweet at 6:55 AM on October 22nd was blunt, but not unexpected – “Miami failed to monitor activities of a major booster, resulting in a decade of violations.” While the...more
Via Section 230, the Communications Decency Act (CDA) provides broad immunity for service providers, hosts and website operators for claims stemming from their publication of information created by third parties....more
Two federal appellate courts held this summer that the First Amendment does not insulate video game maker Electronic Arts (“EA”) from right of publicity suits brought by football players whose likenesses it used as part of...more
The Swedish Gambling Authority has issued injunctions under the penalty of a fine of SEK 45,000 per day against the Swedish newspapers Aftonbladet and Expressen, claiming that the newspapers’ links to foreign based gambling...more
Tony Soprano’s business is safe, for now — the Third Circuit recently invalidated New Jersey’s attempt to legalize sports wagering because it violated a federal law that prohibits most states from licensing such activities....more
Dash v. Mayweather, USCA, Fourth Circuit, September 26, 2013 -
In copyright infringement action arising from unauthorized use of musical work during televised wrestling events, Fourth Circuit affirms grant of summary...more
In 1980, Robert De Niro starred in an Oscar-winning boxing movie, “Raging Bull.” A suit has been brought by Paula Petrella, whose father, Frank P. Petrella, wrote the book and screenplay for the movie. Frank Petrella and his...more