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Art, Entertainment & Sports Updates

Read need-to-know updates, commentary, and analysis on Art, Entertainment & Sports issues written by leading professionals.

Plaintiff in Gridiron Battle Over Place of Expert Testimony in Software Copyright Claim Requests Supreme Court to Be Referee

by Dorsey & Whitney LLP on

The software engineer who first coded the popular “John Madden Football” (now Madden NFL) computer video game has asked the U.S. Supreme Court to allow expert witness testimony to support his software copyright claim, over 25...more

In Matal V. Tam, Scotus Rules Prohibition On Disparaging Trademarks Unconstitutional

The Asian American members of the band the Slants adopted that name to “reclaim” and “take ownership” of the derogatory term. The United States Patent and Trademark Office (“USPTO”) refused to register a trademark application...more

The Eclipse, Worker Safety and Triffids.

by Fisher Phillips on

The Eclipse, Workers Safety and Triffids. Tomorrow is the much-awaited Eclipse and employers are beginning to worry that they may not have taken all appropriate steps to protect their employees. Shockingly, OSHA does not...more

Solar eclipse guide for employers

by FordHarrison on

Today’s solar eclipse is expected to be an exciting, once-in-a-lifetime opportunity with people from all over flocking to the path of totality. While this will likely mean considerable economic benefits from tourism, it is...more

Creator Of NBA 2K16 Warns Tattoo Lawsuit Could Leave Lasting Impression

by Fox Rothschild LLP on

A multi-million dollar lawsuit for copyright infringement against Take Two Software, the creators of NBA 2K16 has proved to be anything but a slam dunk. The alleged infringement concerns player avatars displaying tattoos...more

Trademarks in the World of Golf - How In-House Counsel and Company Owners in the Golf Industry Can Take Stock of Their Game

by Nexsen Pruet, PLLC on

Many of us golfers spent last weekend watching the PGA Championship at Quail Hollow. I was fortunate to be out on the course for Tuesday’s practice round where, in the early morning rain, I followed Justin Thomas as he...more

eSports League Expands with Addition of NFL Owners and Cloud9

Activision Blizzard’s Overwatch League gained two new teams this month as Stan and Josh Kroenke, owners of the Los Angeles Rams and numerous other professional sports franchises, and Jack Etienne, founder and CEO of American...more

Concussion Can Cause Abnormalities in Organ Systems Through Autonomic Nervous System Dysfunction

by Downs Rachlin Martin PLLC on

The open source journal Brain Science has just published a survey of literature demonstrating that a mild traumatic brain injury (mTBI) , otherwise known as concussion, is a complex pathophysiological process that can have a...more

0.44% of NFL Brains

by Wilson Elser on

When The New York Times reports that 110 out of 111 NFL brains (99.09%) have chronic traumatic encephalopathy (CTE), everyone pays attention. Mothers worry about their kids. Some worry about their jobs. Senate subcommittees...more

The Earnhardts’ Race To the Courtroom: Who Will Get The Checkered Flag?

by Dorsey & Whitney LLP on

On July 27, 2017, the Federal Circuit decided Earnhardt v. Earnhardt, a trademark collision between two relatives of the famous race car driver, Dale Earnhardt. The case involved an appeal from a TTAB decision between Teresa...more

Bringing Back the Oldies – Legislation for Equal Treatment in the Music Industry

by Dorsey & Whitney LLP on

On July 19, 2017, the CLASSICS Act (H.R. 3301 – Compensating Legacy Artists for their Songs, Service, and Important Contributions to Society Act) was introduced into the House, the purpose of which is to provide copyright...more

University Of Arizona Museum Of Art Reunited With Stolen de Kooning

by Fox Rothschild LLP on

In recent news, an original Willem de Kooning known as “Woman-Ochre” was found at an estate sale by owners of Manzanita Ridge Furniture & Antiques, a New Mexico furniture and antiques shop (the owners include Buck Burns, Rick...more

When is July 4 this year? When is North Carolina’s FIRST TUESDAY Lottery? and Descriptiveness

In In re North Carolina Lottery, [2016-2558] (August 10, 2017), the Federal Circuit affirmed the refusal of registration of FIRST TUESDAY in connection with lottery services and games on the first Tuesday of each month....more

Court Vacates Arbitration Award Due To Evident Partiality Of Panel, But Parties Must Re-Arbitrate Matter Before Same Arbitral...

by Carlton Fields on

In a dispute between the Washington Nationals, the Baltimore Orioles, and affiliated parties regarding the value of broadcasting rights for Nationals games, an appellate court has affirmed a trial court order vacating an...more

Joust Do It? A New Form of Nike Battle Cry?

By now, you’re familiar with my enjoyment in capturing and sharing new billboard signage that hits the streets of the Twin Cities. Question, what tagline might have inspired this one?...more

Three Point Shot - August 2017

by Proskauer Rose LLP on

Eastern District Heavyweight Bout Ends in Stunning Trademark Technical Knockout - Floyd Mayweather and Connor McGregor's late-August 2017 matchup may be the most highly anticipated boxing event in decades. But while "The...more

Court Rejects Infringement Claim Against Alan Jackson

by Brooks Pierce on

On October 27, 2016, North Carolina songwriter Timothy Arnett sued the legendary country star Alan Jackson in the Eastern District of North Carolina for alleged copyright infringement. Arnett claimed that Jackson’s song...more

Catching Counterfeits: Customs Recordation and IP Enforcement

by Knobbe Martens on

U.S. Customs and Border Protection (“CBP”), the primary federal agency responsible for securing America’s borders, is also charged with the protection of intellectual property rights and guarding against the infringement of...more

International Foundation For Art Research (IFAR) Issues New Provenance Guide

by Fox Rothschild LLP on

In the wake of more WWII/Nazi era stolen art legal battles, the International Foundation for Art Research (IFAR) has issued a new Provenance Guide, which highlights the importance of archival research, and states that...more

will.i.am: registered.u.r.not

In In re I.AM.SYMBOLIC, LLC, [2016-1507, 2016-1508, 2016-1509] (August 8, 2017), the Federal Circuit affirmed the decision of the TTAB affirming the Trademark Examiner’s refusal of registration of the mark I AM on grounds of...more

Update: Court finds transformative nature of alleged infringing work can’t be decided by side-by-side comparison

by Thompson Coburn LLP on

Adding an Instagram border and a few “gobbledygook” notations to an original photograph is not transformative as a matter of law. In an update to our post on a case filed last year, a federal court in New York recently denied...more

Gaming & Hospitality Legal News: Volume 10, Number 7: Nevada Modernizes Gaming Manufacturer’s Statutes

by Dickinson Wright on

Nevada has one of the oldest and most developed bodies of gaming law and regulation in the world. The Nevada licensing regime reaches not only casinos and those offering gaming to the public but also many gaming device...more

If you can’t stand the heat, get out of the kitchen – Best Practices from Top Chef

by FordHarrison on

“If you can’t stand the heat, get out of the kitchen!” That’s essentially what a group of Teamsters told Top Chef host personality, Padma Lakshmi, back in June 2014 outside of Steel & Rye restaurant in Milton, Massachusetts....more

Sotheby’s London Sells Portrait Of An Old Women As Authentic Rubens And Fetches 20 Times The Original Hammer

by Fox Rothschild LLP on

In March 2016, a US auction gallery sold an Old Master oil painting (a sketch of an old woman) for $27,000. The sale price was nearly double the high auction estimate of 15,000. However, when the same painting was recently...more

‘Tis the Season to Plan Ahead for Celebrity Endorsement Campaigns

by Perkins Coie on

The holiday season is around the corner, and retailers are planning their holiday marketing campaigns. Celebrity endorsements continue to be a popular way to bolster brand recognition and goodwill during the holidays and...more

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