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NCAA’s Battle Continues in the Fight Over Who Should Pay for the Use of Student-Athlete Likenesses

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

Gaming Legal News - October 2013 • Volume 6, Number 23

In This Issue: - WAR GAMES IN WISCONSIN (2013 STYLE): Wisconsin is home to 11 recognized Indian tribes. It is a fact that 11 tribes will not unanimously agree on all issues. It also is a fact that not all issues...more

Insurance Recovery Law -- Jul 26, 2013

Three Wins and A New Rule - In this edition of the Manatt newsletter, we take a look at several new cases that examine an array of important insurance issues. First, though, we report an important victory for...more

Super Bowl Ticketholders Denied Bid for Class Certification

A group of Super Bowl XLV ticketholders recently lost their bid in federal court in Texas for class certification of their lawsuit arising from problems with temporary seating at the event....more

NFL Concussion Lawsuits in Philadelphia

Earlier this month, a federal court in Philadelphia heard arguments about concussions in the National Football League (NFL). More than 4,100 plaintiffs, who are part of 222 consolidated lawsuits, are at the beginning of the...more

Three Point Shot - April 2013

The (Gold) Gloves Are Off - Cincinnati Reds second baseman Brandon Phillips has a lot to say. He's well-known for being outspoken, and he's a prolific tweeter on his @DatDudeBP account, which boasts over 650,000...more

Donald Trump Sues Bill Maher for Monkeying Around on Late-Night Talk Show

Here at Law Law Land, there are a few pearls of wisdom we like to repeat — perhaps to a fault — just because they are so helpful and right. Copyright law doesn’t protect ideas, only the expressions of ideas. Being legally...more

Three Point Shot - January 2013

In This Issue: - Take Me Out To the Ball Game, But Keep Me Away From the Flying Hotdogs - Full Court Press Gets Young Women the Right to Play AND Be Cheered - Will Dorsett be able to “Heisman” SER Media?...more

Release of Liability Contained in Event Entry Form Held to Apply To a Subsequently Added Event Sponsor

On any given week, most of us are asked to sign at least one or two releases of liability for various sporting and recreational events. The Missouri Court of Appeals for the Eastern District recently held those releases may...more

Top Sports IP Plays of the Year - Part 2

Today we bring you Part Two of an article authored by our partner Ms. Emily Bayton and published by Law360 on October 16, 2012... As an intellectual property lawyer and avid sports fan, I’m always interested in a case...more

Is A Super Sports-Betting Upset Brewing?

In its early stages, NCAA, et al. v. Christie, has taken on the appearance of Super Bowl XXXVI. As in Super Bowl XXXVI, the NCAA, NFL and other sports leagues, who filed the case to prevent Governor Chris Christie from...more

This Week’s Other Sports/Game Rules and Officiating Scandal

Sure, most of America might be abuzz about how poor NFL refereeing definitely may or may not have swung the outcome of this week’s showdown between the Green Bay Packers and the Seattle Seahawks on Monday Night Football. But...more

Game Over: Time Runs Out on Assistant Coach

Usually, a negligent misrepresentation case from the Minnesota Supreme Court would fall a bit outside my usual purview for blogging. But as a lifelong Kentucky basketball fan, how could I resist commenting on Williams v....more

Court Of Appeal Declines To Create A New Cause Of Action For Tortious Nonrenewal Of An Employment Contract In Violation Of Public...

A former employee cannot state a claim for wrongful termination in violation of public policy where an employer decides not to exercise an option to renew an employment contract. (Touchstone Television Productions v. The...more

Celebrities Protected by 'Right of Publicity'

Star gazing takes on new meaning in New Mexico as the state’s film industry continues to grow. You might spot stars like Johnny Depp, Lou Diamond Phillips, Arnold Schwarzenegger and Juliet Lopez in Albuquerque since...more

Virtual Karaoke Circus Act or: How Not to Exploit Likenesses in Videogames

In 2009, the musical group “No Doubt”, sued video game giant Activision after learning that its video game "Band Hero" allowed gamers to access avatars of the band members to perform other groups’ music. According to a...more

Three Point Shot - May 2012

In This Issue: - Selling the Shirt off Tim Tebow’s Back Requires a License...1 - I See Your True Colors Shining Through ...2 - Pretty Boy’s Right of Publicity Lawsuit Ain’t Pretty, Says World Wrestling...more

Becoming Immune to Reputation Damage: Tips from Kim Kardashian?

This blogger is proud to say that I have never watched any show featuring a member of the Kardashian family (okay, okay, unless you count their step-brother Brody Jenner…you know I could never resist The Hills). I normally...more

Cherchez les Catalogues Raisonné

The success of the art market depends largely on confidence in the authenticity of artists’ works. Traditionally, a work in an artist’s “catalogue raisonné” has been key to confirming the authenticity, and thus value. To that...more

Media Law Bulletin - December 2011 - 'Cheese'-y Comedy Product Not an Advertising Idea

The case of The Oglio Entertainment Group, Inc. v. Hartford Casualty Ins. Co., 200 Cal. App. 4th 573 (2011), analyzes the distinction between copying an advertising idea and copying a product that is advertised in the context...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - September 14, 2011

Table of Contents: •Hart v. Electronic Arts, Inc. Hart v. Electronic Arts, Inc., USDC District of New Jersey, September 9, 2011 District court dismisses former college football player’s right of publicity...more

Ip/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - May 11, 2011

Table of Contents • In Re NCAA Student-Athlete Name & Likeness Litigation • Arista Records LLC v. Lime Group LLC In Re NCAA Student-Athlete Name & Likeness Litigation, USDC N.D. California, May 2, 2011 • Court...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - March 9, 2011

Table of Contents: • Best v. Berard • Lapine v. Seinfeld Best v. Berard, USDC N.D. Illinois, March 3, 2011 • In right of publicity action relating to reality TV show Female Forces, court grants defendants’ motion...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - February 23 , 2011

No Doubt v. Activision Publishing, Inc., California Court of Appeal, Second Appellate District, February 15, 2011 • In rock band’s right of publicity action, court finds videogame publisher’s use of band members’...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - February 9 , 2011

Table of Contents • McNamee v. Clemens McNamee v. Clemens, USDC E.D. New York, February 4, 2011 • In defamation action against former baseball player Roger Clemens filed by his former personal trainer, court...more

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