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Art, Entertainment & Sports law-news Conflict of Laws

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

Is the Third Time the Charm? Court Awards $71.4M in Contentious Trade Dress and Publicity Rights Dispute

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Imitation may be considered the sincerest form of flattery, but in the world of intellectual property (IP), it might cost you....more

Troutman Pepper

NCAA Settlement Update — Highway to NIL Podcast

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In this installment, Troutman Pepper attorneys Cal Stein, Tim Bado, and Pat Zancolli discuss recent updates in the House settlement process. After Judge Wilken previously declined to approve the settlement, she sent the...more

Troutman Pepper

Kentucky AG Clarifies Legal Status of Gray Machines and Risk-Free-Play Devices – Implications for the Industry

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Gambling machines in Kentucky have recently come under increased scrutiny following the enactment of House Bill 594, which amended the definition of “gambling device” under Kentucky law, effective June of last year. The law...more

Womble Bond Dickinson

It’s a Bird, It’s a Plane - It’s in the Public Domain! USPTO Cancels Marvel and DC Comics’ Trademarks for SUPER HERO and SUPER...

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The U.S. Patent and Trademark office has done what Thanos and Lex Luthor never could—defeat the larger than life combined forces of Marvel and DC. Despite being well-known rivals, DC (Batman, Superman, Wonder Woman and...more

K&L Gates LLP

Client Conversations With Craig Budner: Interview With Bill Neal, Writer, Producer, and Director

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Bill Neal is an author and writer, producer, and director of several documentary films and television series. In addition, Bill is a former college and professional hockey coach and color analyst on ESPN Hockey. In this...more

McDermott Will & Emery

Creative License: Fair Use Defense Paints Over Infringement Battle

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Affirming the application of the fair use defense to copyright infringement, the US Court of Appeals for the Fifth Circuit determined that a district court’s sua sponte invocation of a fair use defense to parallel trademark...more

Fisher Phillips

Starting QB Leaves Undefeated Team Over NIL Dispute: 5 Things Universities and Collectives Should Do to Reduce Disputes and Legal...

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A new NIL issue emerged last week as the starting quarterback for the University of Nevada Las Vegas (UNLV) left the undefeated Rebels over claims of unfulfilled verbal promises allegedly made to him by an assistant coach....more

Katten Muchin Rosenman LLP

Stating the Obvious - Katten Kattwalk | Issue 28

The Federal Circuit overturned its 42-year-old obviousness test for designs. Fashion companies, take note. The shape of a handbag, the red sole of a shoe: for fashion companies, design patents have long played a role in...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - October 2024

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Lawyers involved with a proposed multi-billion-dollar settlement of three athlete-compensation antitrust cases against the NCAA and the Power Five conferences filed documents on Thursday that included small, but potentially...more

Arnall Golden Gregory LLP

Video Killed the Radio Star (and AI Could Kill the Rest): Tips for Protecting Artists From the Unauthorized Use of Existing Works

Oscar Wilde is credited as saying, “Imitation is the sincerest form of flattery that mediocrity can pay to greatness.” While there is some dispute as to whether Wilde uttered these words, the message is clear: creativity and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Five-Star High School Football Player Sues North Carolina State Board of Education Over NIL Prohibitions

Rolanda Brandon—the mother of sixteen-year-old star quarterback Faizon Brandon, the Greensboro, North Carolina, Grimsley High School football player who has committed to play for the University of Tennessee Volunteers in...more

A&O Shearman

Plaintiffs Alleging Per Se Group Boycott Win Reversal In Ninth Circuit

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On September 17, 2024, a unanimous panel of the Ninth Circuit Court of Appeals granted an appeal from a group of professional swimmers and the International Swimming League (“ISL”) (together, “Plaintiffs”) in their ongoing...more

MG+M The Law Firm

Can AI Create Copyright? DC Circuit Weighs Human Authorship in Thaler v. Perlmutter

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On September 19, 2024, the US Court of Appeals for the DC Circuit heard arguments in the matter of Thaler v. Perlmutter on the question of whether an image “autonomously” generated by artificial intelligence can be...more

Katten Muchin Rosenman LLP

Going for the Gold - Katten Kattwalk | Issue 28

France joined other EU countries in an effort to seize vast quantities of counterfeit merchandise this year, with many items related to the Paris 2024 Olympic and Paralympic Games....more

Troutman Pepper

Title IX — Highway to NIL Podcast

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In this installment, Troutman Pepper attorneys Cal Stein, Mia Marko, and Dani Clifford discuss Title IX, a longstanding federal law that applies to educational institutions, and its intersection with the evolving landscape of...more

Manatt, Phelps & Phillips, LLP

California Enacts a Suite of New AI and Digital Replica Laws

On September 17, 2024, California Governor Gavin Newsom signed into law two key bills, AB 1836 and AB 2602, aimed at enhancing protections for performers, both deceased and living, in response to the increased adoption of...more

Foster Garvey PC

History in the Making: From Ohtani's Record-Breaking Season to Legal Firsts

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Welcome back to the Spotlight! Last week Los Angeles Dodgers All-Star Shohei Ohtani made baseball history, becoming the first player to hit 50 home runs and steal 50 bases in a single season (for good measure, he hit that...more

Saul Ewing LLP

The Consumer Financial Protection Bureau vs. the Video Game Industry

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In this episode of “Lawyers With Game,” host Darius Gambino from Saul Ewing’s Video Gaming & Esports Practice chats with partner Jason McElroy from Saul’s Consumer Financial Services Litigation practice. They discuss a recent...more

Jones Day

PTAB Issues First Post-LKQ Design Patent Decision

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On August 6, 2024, the PTAB issued its first written decision applying a new test for obviousness of design patents. In Next Step Group, Inc. v. Deckers Outdoor Corp., IPR2024-00525, Paper 16 (P.T.A.B. Aug. 6, 2024)...more

Proskauer - Minding Your Business

Taylor Swift and Congress Have “Bad Blood” with AI Deepfakes

On September 10, minutes after the first presidential debate between Donald Trump and Vice President Kamala Harris, an Instagram post set the political world abuzz: Taylor Swift endorsed Harris in the race. The announcement...more

BakerHostetler

AI and Sports - Security vs. Privacy

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With the United States preparing to host the 2026 FIFA World Cup, the 2028 Summer Olympics in Los Angeles and the 2034 Winter Olympics in Salt Lake City, the race is on for venues, individual states and the federal government...more

Weintraub Tobin

(Podcast) The Briefing – Fake Reviews, Real Consequences: Consumer Review Dos and Don’ts

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The FTC recently announced a new rule to combat fake consumer reviews and testimonials. Scott Hervey and Jessica Marlow explain how this decision will impact businesses and the influencer marketing industry in this episode of...more

Weintraub Tobin

The Briefing – Fake Reviews, Real Consequences: Consumer Review Dos and Don’ts

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The FTC recently announced a new rule to combat fake consumer reviews and testimonials. Scott Hervey and Jessica Marlow explain how this decision will impact businesses and the influencer marketing industry in this episode of...more

Fenwick & West LLP

California’s New AI Laws Limit Uses of Digital Likeness

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On September 17, California Governor Gavin Newsom signed into law a pair of artificial intelligence (AI) bills, Assembly Bill 2602 (AB 2602) and Assembly Bill 1836 (AB 1836), which introduce new regulatory requirements and...more

Cozen O'Connor

Broad Street Brief: Mayor Parker Shares Arena Agreement Details

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CITY HALL - Mayor Parker Shares Details on Sixers Arena Agreement - On Wednesday, Mayor Cherelle Parker announced the terms of the City’s agreement with the Philadelphia 76ers for the proposed $1.55 billion Center City...more

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