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Art, Entertainment & Sports Intellectual Property

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

Chief Wahoo: A Look Back in History

by Fish & Richardson on

February 14 marks an unofficial end to winter because, as baseball fans know, this is the day when pitchers and catch­ers report for spring training. In honor of this happy occasion, and being both baseball fans and trademark...more

Caution: Olympic Marks Ahead Staying In-bounds with the U.S. Olympic Comittee

Beginning February 9th, the eyes of those interested in athletic endeavor and spectacle will turn to Pyeong Chang for the 2018 Winter Olympic Games. As a brand owner, it is tempting to get caught up in and exploit the...more

Cleveland Indians To Discontinue Use Of Chief Wahoo On Player Uniforms; Limited Use Of The Logo To Continue In Order To Preserve...

by Ladas & Parry LLP on

Although the Supreme Court recently ruled that disparaging trademarks are protected by the First Amendment freedom of speech in Matal v. Tam, the Cleveland Indians have announced that they will cease use of their “Chief...more

MarkIt to Market® - January 2018

January marks the 50th issue of Sterne Kessler's MarkIt to Market® newsletter. This issue discusses Olympic marks ahead of the upcoming winter games, covers new protection for certification marks in the EU, provides an update...more

WIPO – No fan site for tribute band

by Hogan Lovells on

In a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organization (WIPO), a panel ordered the transfer of a domain name that exactly matched the name of a...more

Washington Redskins’ Us Trademark Registrations Reinstated By The Fourth Circuit

by Ladas & Parry LLP on

On January 18, 2018, the U.S. Court of Appeals for the Fourth Circuit reinstated the Washington Redskins’ federal trademark registrations originally cancelled by the Trademark Trials and Appeals Board (“TTAB”) in 2014 in...more

What’s In a Name?

by Burns & Levinson LLP on

Question: What do Sean Combs, J.K. Rowling, LeBron James, Lionel Messi, and Mark Wahlberg have in common? Two things, actually. First, they are all listed on the Forbes 2017 Celebrity 100 List; second, they all have gone to...more

#GoldMedalEnforcement

Tonight is the start of the 23rd Winter Olympic Games in Pyeongchang, South Korea. For the next month, people will cheer and support their country’s athletes as they engage in physical feats that seem to defy human...more

Hands Off Jay-Z’s Hand Gesture Trademark

Words and pictures are so 2017. This year, it is all about the non-traditional trademarks (i.e., something other than brand names and images). In the past, we’ve covered a variety of these types of trademarks, from colors to...more

Trademark Law Offers Scant Protection When Bad Things “Happen” to Good Marks

There was a lot of discussion recently about the episode of NBC’s This Is Us, which implicated a faulty switch on a Crockpot® in the death of the family’s beloved patriarch, Jack Pearson. The manufacturers opened a Twitter...more

Let the Games Begin – Let Marketers Beware!

by Dorsey & Whitney LLP on

You’ve heard it before and you’ll hear it again – Stay away from any advertising or promotional ideas that suggest authorization, sponsorship or an official connection to the Olympics. This means not using the Olympic Rings...more

BMG V. Cox Is Major Copyright Victory For Music Industry

by Morrison & Foerster LLP on

While reversing and remanding for a new trial in light of certain errors in the jury instructions, the Fourth Circuit Court of Appeals has largely sided with the copyright holders in the dispute between BMG Rights Management...more

From Runway To Replica: The Most Fashionable Intellectual Property Infringement Beefs Of 2017

New York Fashion Week (NYFW) 2018 kicks off on Thursday, February 8 through Friday, February 16, with a full schedule of exciting an exhilarating runway shows. This year’s designers include many of the usual faces, like Tom...more

Celebrity Trademark Updates: Sean Connery and Meryl Streep

With the Oscars coming up in less than a month, it seems like the issue of “celebrity” trademarks is a hot topic in the media. For example, many news outlets (such as here, here, here) are covering Meryl Streep’s application...more

Copyright Office Clarifies Rules on Protection and Damage Award Linked with Group and Database Copyright Applications

by Vedder Price on

With the continued growth of Internet-related new technologies, authors, website operators and photographers are producing larger and larger volumes of digital content. The Coalition of Visual Artists surveyed 1,744...more

Appeals Court Rejects DOJ Expansive Interpretation of Music Consent Decree

by Jones Day on

The Background: Since 1941, performing rights organizations ("PROs"), which pool the copyrights held by a work's composer, songwriter, and publisher and collectively license those rights to music users, have been subject to...more

Danger in the Korean Peninsula: Ambush marketing and the Olympic Games

by Smart & Biggar on

For a few weeks every two years, the Summer and Winter Olympic Games offer brand owners and advertisers the opportunity to reach billions of people in hundreds of countries. The Summer Games in Rio 2016 reached a television...more

Vegas Hockey Team Faces Off Against The U.S. Army Over Trademark Dispute

by Dorsey & Whitney LLP on

The Vegas Golden Knights, an expansion team based in Las Vegas that joined the National Hockey League (NHL) earlier this year, have had a surprisingly successful “rookie year,” both on the ice and at the box office. This...more

Content Developer Attempts to Tag MLB with Conversion: “Safe,” Rules Justice Kornreich

by Farrell Fritz, P.C. on

Have you ever had a brilliant business idea, only to discover years later that someone else has beaten you to market? If you are a professional athlete, you might break your hand punching a fire extinguisher or picture frame...more

Tune Up: Initial Lessons from Gibson’s Most Recent Trade Dress Lawsuit

by Dorsey & Whitney LLP on

Shortly before Christmas 2017, Gibson Brands sued Funko, a maker of pop culture dolls, for trademark infringement relating to several of Funko’s figurines of famous musicians. Among the dolls named in the complaint are Slash...more

Attorneys’ Fee Decision Should put Louis Vuitton in a Good Mood, but will it Gain a Sense of Humor?

by Knobbe Martens on

In December, the Second Circuit ruled that My Other Bag (MOB) was not liable for infringing Louis Vuitton’s trademarks and copyrights because MOB’s bags were a parody of the luxury giant....more

Sue-per Bowl Shuffle IV: The Year In NFL-Related Intellectual Property Litigation

If you are a lawyer, there is a serious danger that someone at the Super Bowl party you attend is going to want to talk about an NFL-related legal issue. Did Cowboys owner Jerry Jones really have standing to challenge...more

The Gaming industry in South Africa

by Dentons on

Since 2013 the video game industry has been competing against the film industry, growing its global revenues and job creation each year. The video game industry has developed into a lucrative commercial market, demanding...more

Legitimate Super Bowl Ambush Marketing

Not all ambush marketing is created equal. Some can cross the line and create a likelihood of confusion as to sponsorship. Some falsely advertises. But, some is totally fair use and lawful....more

Green Bay Packers Enforce “Titletown” Mark Against High School Football News Series

Tis’ the season for football, not just on the gridiron, but also at the U.S. Patent and Trademark Office. Shortly after the “Minneapolis Miracle,” as we reported this week, the Minnesota Vikings applied for registered marks...more

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