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Advertising Law - October 2014 #4

Red Bull’s $13M False Ad Deal Crashes Site - Red Bull may claim to give you wings, but a false advertising settlement with the company apparently couldn’t stop its servers from crashing....more

Where Did My Customer Go? Some Pleading Parameters for Tortious Interference

A Federal court in New York recently provided some pleading parameters for employers for claims of tortious interference with business relations....more

Employment Law - Oct 2014 #3

DOL Grants Could Signal More Misclassification Actions - Why it matters: Employers have faced a tidal wave of litigation over the alleged misclassification of employees as independent contractors, with workers ranging...more

NFL Films Ruling Blurs Right of Publicity

Earlier this year the Seventh Circuit stated that “there is no judicial consensus on how to resolve conflicts between intellectual-property rights and free-speech rights.” Jordan v. Jewel Food Stores, Inc., 743 F.3d 509, 514...more

Investigating Employee Wrongdoing

Companies in every industry—private and public—struggle with the difficult task of promptly identifying employee wrongdoing and responding appropriately. The National Football League continues to be embroiled in a controversy...more

Dryer v. National Football League - USDC, D. Minn., October 10, 2014

Dryer v. National Football League - USDC, D. Minn., October 10, 2014: District court grants summary judgment in favor of NFL and against former professional football players who claimed that NFL’s use of video footage...more

Another Way the NFL Can Protect the Shield

It’s no secret that the NFL is facing a reputation crisis, on a variety of fronts. With 2013 being called “a very bad year” for the NFL, words will be difficult to describe how badly 2014 ends (reputationally), if the league...more

Personal Brand Management for Retirees (…of the NFL)

Dozens of former NFL players lit up the federal court docket here in Minnesota with filings on Monday targeted at Defendants including the National Football League, NFL Films, Inc., and NFL Productions, LLC....more

Are Fantasy Sports Operators Betting on the Right Game?

With the start of the NFL season, football fans are measuring player performance and building virtual rosters for season-long fantasy sports leagues. These commissioner-style games, in which players create fantasy...more

Lessons From the NFL: Thoughtful Planning To Avoid the Limelight

Another Sunday has come and gone and with it, somewhat predictably, another Vikings loss. What’s remarkable about this week, however, is that the team was without its star player, Adrian Peterson. Mr. Peterson has been barred...more

How Did The NFL Get This So Wrong? [Video]

Sept. 23, 2014 (Mimesis Law) -- Patrick Tully, former crisis management professional, talks with Steve Olenick and Lee Pacchia about the current rash of public relations miscues by NFL management. ...more

FCPA Compliance and Ethics Report-Episode 89, interview with Jim McGrath on the NFL investigation scandal [Video]

In this episode of the FCPA Compliance and Ethics Report, I visit with Jim McGrath, founder of the Internal Investigations Blog. Jim talks about corporate internal investigations and lessons which may be learned from the...more

NFL needs to dust off that ol' Code of Conduct and reintroduce themselves

Who doesn't love football? NFL or CFL, when our favourite team runs onto the field, we start cheering at the television. Second on the headlines for us in BC is weather Travis Lulay will return to the BC Lions with yet...more

The NFL’s Handling of Ray Rice Shows Need for Consistent Enforcement of Policies and Compliance Training

To say I’m a football fan is putting it mildly. You will find my family cheering loudly at the TV during Falcons games. (How ‘bout that overtime win over the Saints?!) And while it’s not often I get to blog about football,...more

To the NFL – Show More Than Ethics, Show Some Humanity

Just a short ten days ago I wrote about how thrilled I was that the National Football League’s (NFL) 95th season was upon us and pro football was about to begin. But in the intervening 10 days, it is as if the very football...more

Shame on you NFL, Baltimore Ravens

By now, everyone has heard that Ray Rice has been cut by the Baltimore Ravens and had his laughable two game suspension increased to “indefinite”. And the increased punishment is being lauded by sports pundits everywhere. All...more

The N.F.L. Realizes That Domestic Violence Is Not A Game

Yesterday, the N.F.L. terminated Baltimore Ravens running back, Ray Rice . This is after video emerged of Rice punching his fiancee (now wife) and knocking her unconscious in an elevator in Atlantic City....more

Could Offensive Trademarks Find Refuge in Common Law?

The 177-page tome the Trademark Trial and Appeal Board (TTAB) just issued in Blackhorse v. Pro-Football Inc. is remarkable for its length and its subject matter, cancellation of the controversial REDSKINS mark as disparaging...more

A Football Team, by Any Other Name…: USPTO Decision Illustrates that Law is More than Hard & Fast Rules

At Meadowlawn Elementary in the 1960s, my West Michigan friends and I would boast about things that made us "better" than each other. It was the golden age of Superman comics and, while I didn't have super strength or x-ray...more

The Redskins Decision: Much Ado About (Probably) Not Much

I’ve been having fun listening to commentators – most of whom appear to know little or nothing about trademark law – expound on last week’s decision by the Trademark Trial and Appeal Board to cancel six trademark...more

Workplace Lessons from the NFL—An Interview with Ogletree Deakins Shareholder and Former Offensive Lineman, John Gerak

Until his career was cut short by injury, John Gerak played five seasons as an offensive lineman in the National Football League (NFL)—four with the Minnesota Vikings and one with the St. Louis Rams. As an undergraduate,...more

Redskins’ trademark decision ushers in more questions - Cancellation of trademark registration may not have impact some believe

The Trademark Trial and Appeal Board (TTAB) of the U.S. Patent and Trademark Office (USPTO) most likely knew it was going to generate headlines Wednesday when it issued a monumental decision to cancel six registrations of the...more

A Rose By Any Other Name…

It is rare that items from the United States Patent and Trademark Office are “breaking news” or even make general news headlines. But it happened Wednesday (6/18/14) with the announcement that the Trademark Trial and Appeal...more

Redskins trademark case highlights value of linguistic analysis

The Washington Redskins trademark case, with its conclusion that REDSKINS trademark registrations should be cancelled, has sparked heated discussion among football fans, advocates of Native American interests, and foes of...more

The Redskins Decision: What It Means and Does Not Mean

On June 18, 2014, the Trademark Trial and Appeal Board (TTAB or Board) issued its ruling in Blackhorse v. Pro Football, Inc. (TTAB Cancellation No. 92046185) cancelling the Washington Redskins’ federal trademark registrations...more

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