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New Year, New Trademark Proceedings

This year kicked off with new tools to help brand owners protect and enforce their marks. The use of a trademark in commerce is an important aspect of U.S. trademark law; however, an increasing number of trademark...more

Playing by New Rules: Ten Considerations for Universities Implementing NIL Policies

On July 1, 2021, the NCAA's interim policy on NIL activities took effect, opening the door for student-athletes at universities across the country to earn income from endorsements, personal appearances, camps and clinics, and...more

E-File or You'll Have to Refile: Trademark Filings Gone Digital - New USPTO rules make electronic filing mandatory and update...

Statistics from 2018 reveal that .03% of trademark applications were paper filed. As such, effective February 15, 2020, paper trademark filings are no longer an option. The United States Patent and Trademark Office ("USPTO")...more

NCAA Paves Way for College Athletes to Receive Benefits for Name, Image, and Likeness Rights - Companies should continue to...

On October 29, 2019, the NCAA board announced that student-athletes will have an opportunity to "benefit" from the use of their names, images, and likenesses in a "manner consistent with the collegiate model." The NCAA has...more

JONES DAY TALKSĀ® Game Changer? California's Fair Pay to Play Act and the Future of College Sports [Audio]

Signed into law by California Gov. Gavin Newsom, the Fair Pay to Play Act will allow college athletes in that state to accept payment for the use of their name, image, and likeness. In response, the NCAA has threatened to bar...more

"Rejection" of a Trademark License in Bankruptcy Is a Breach, Not a Rescission

Bankruptcy protection under Section 365 does not give brand owners/debtor-licensors the unilateral right to rescind trademark licensing agreements. In a closely watched decision involving both trademark and bankruptcy law,...more

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