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Read need-to-know updates, commentary, and analysis on Education issues written by leading professionals.

Former Rutgers Player Sues Alma Mater Over Nickname

by Winthrop & Weinstine, P.A. on

Moving along from Steve’s post on our alma mater of the University of Iowa, a former Rutgers football player has a more negative view of his former school. A few years ago, the Rutgers football program started allowing...more

Back to School Edition: Trade Secrets Go Off to College

After the long break, students have returned to colleges and universities across the country where they will trade late summer nights out with friends for tossing Frisbees on the quad.  As classes begin, we at TSW wanted to...more

R-Word Looking Scandalous in Maryland

Daniel Snyder, NFL owners, FEDEX, and other NFL sponsors, take note, breaking news from courageous Neal M. Brown, Ed.D., Head of School, Green Acres School in Bethesda, Maryland, about twenty miles from FEDEX Field...more

Mark Madness: Avoiding Trademark Landmines in College Sports

by Patrick Law Group, LLC on

Recently, the Washington Post reported on a Maryland high school’s thwarted attempt to expand its use of a green hornet mascot logo which resembles Georgia Tech’s famous “Buzz” mascot trademark. The Damascus Swarmin’ Hornets...more

Fair Use is Not Always Fair

Photographer TC Reiner sued Watkins Institute and its student Ryon Nishimori for copyright infringement when Nishimori incorporated one of Reiner’s copyrighted photographs into a mock advertisement for a classroom assignment...more

O’Bannon Plaintiffs Seek U.S. Supreme Court Review

On March 15, 2016, plaintiffs in the O’Bannon case sought U.S. Supreme Court review of the United States Court of Appeals for the Ninth Circuit’s decision issued in September 2015. In that decision, the Ninth Circuit sided...more

Léone Meyer and University of Oklahoma Settle Nazi-looted Pissarro Dispute

by Sullivan & Worcester on

In December it was announced that the University of Oklahoma and Leone Meyer had reached a tentative settlement in the litigation over Meyer’s claims to La Begère by Camille Pissarro, a painting stolen from her father Raoul...more

Ninth Circuit Denies Request For Rehearing In O’Bannon

by Bond Schoeneck & King PLLC on

Last week, a three-judge panel for the United States Court of Appeals for the Ninth Circuit voted 2-1 to deny the O’Bannon plaintiffs’ petition for a rehearing en banc of the Ninth Circuit’s September 30, 2015 decision on the...more

O’Bannon And Alternative Forms Of Injunctive Relief

by Robins Kaplan LLP on

In O'Bannon v. NCAA, the Ninth Circuit held that NCAA regulations barring compensation to student-athletes are subject to antitrust scrutiny under the Sherman Act’s rule-of-reason analysis. The court upheld the district...more

DMCA Loosening the Reins for Education

You may know the Digital Millennium Copyright Act (“DMCA”) from the widely deployed DMCA take-down notices that copyright owners use to remove putatively infringing content from the Internet. Enacted in 1998, the DMCA is...more

No Cash Compensation for Class of Amateur Student Athletes

by Carlton Fields on

In a class action brought under the Sherman Antitrust Act, the Ninth Circuit Court of Appeals held that the NCAA eligibility regulations are subject to antitrust scrutiny. Applying the so-called Rule of Reason, the court held...more

NCAA Dodges Judicial Bullet in Federal Case Challenging Amateurism Rules

by Stoel Rives LLP on

As a lifelong Boise State University fan, and gamer who pre-ordered the EA Sports NCAA Football 2008 game (with Jared Zabransky on the cover), I was probably more excited than your average legal beagle to read last week’s...more

NLRB Punts on First Down: Declines to Exercise Jurisdiction in Northwestern University Football Players Union Representation Case

by Pepper Hamilton LLP on

The NLRB’s decision is limited to the facts presented by the Northwestern case, and the Board may assert jurisdiction in another case involving scholarship athletes at a later date. On August 17th, the National Labor...more

Play for Pay? Not Today, Says the Ninth Circuit in the Latest NCAA Ruling

Whether the amateurism rules of the National Collegiate Athletic Association (NCAA) violate federal antitrust laws remains an active issue before the Ninth Circuit Court of Appeals. But the dramatic changes ordered by U.S....more

The College Football Playoff™ college football playoff

by Winthrop & Weinstine, P.A. on

This past Sunday, the College Football Playoff Committee unveiled the four college football teams that will be participating the very first playoff in college football. The festivities begin Jan. 1, 2015, with Oregon battling...more

Georgia State Academic Fair Use Decision Vacated by 11th Circuit: A (Relatively) Quick Read for the Busy Practitioner

Last Friday, the 11th Circuit Court of Appeals vacated and remanded the Northern District of Georgia’s 350-page fair use analysis of the electronic reserves practices at Georgia State University (“GSU”). Although this...more

Opening the Library Doors to the World: Second Circuit Finds Universities’ Book Scanning Project Constitutes “Fair Use” of...

On June 10, 2014, the United States Court of Appeals for the Second Circuit issued its decision in Authors Guild, Inc. v. HathiTrust, No. 12-4547, 2014 U.S. App. Lexis 10803 (2d Cir. Jun. 10, 2014), a case in which a group of...more

Social Networking: New Risks & Opportunities at Work

by NAVEX Global on

The Ethics Resource Center’s National Business Ethics Survey "Social Networkers: New Risks and Opportunities at Work” is now available. Sponsored by NAVEX Global and PwC, the survey provides a first-of-its-kind look at social...more

$5 Cab Ride - SCC Copyright Decisions Don't Take us Very Far

by Field Law on

Given the near-hysterical tenor of much of the media commentary on the July 2012 release of five copyright decisions by the Supreme Court of Canada, you would think the SCC had ruled that dogs could vote and that beer was now...more

Relief for IP Rights Infringement Is Primarily Equitable

by Charles E. Rounds, Jr. on

This article examines the equitable remedy of restitution for unjust enrichment in the IP rights infringement context. ...more

Intellectual Property Handbook for the Fashion Industry

by Phoebe Sheahan on

An interesting insight for anybody involved in the fashion industry, whether through PR, Fashion Merchandising or Marketing or another kind. This is sure to provide "food for thought" as to ways to protect your own...more

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