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Art, Entertainment & Sports Updates

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

“Brother Thelonious” Monk’s Likeness Protectable Decades After Death

Earlier this month, a California federal judge kept alive a suit brought by the estate of famous jazz musician Thelonious Monk against North Coast Brewing Co. for trademark infringement and infringement of the right of...more

Where is the Line? Options for Professional Leagues and Teams Facing On-Field Player Social Activism

In July 2016, four players on the Minnesota Lynx WNBA team wore black shirts in support of the Black Lives Matter social justice movement. The WNBA fined the players, but later rescinded the fines. In August 2016, San...more

Graffiti Artists Awarded $6.75 Million For Property Owner Painting Over Visual Artwork On Warehouse Buildings

by Fox Rothschild LLP on

In recent art world news, last week a federal district court in New York ruled the Visual Artists Rights Act of 1990 (“VARA”), a federal law protecting visual artwork from destruction, covered the graffiti artists’ aerosol...more

Federal Judge Rules Embedded Tweet Violated Copyright

In a surprising ruling, U.S. District Court Judge Katherine B. Forrest, recently ruled that several news organizations and publishers violated a photographer’s copyright when they “embedded” a photo from Twitter on their...more

Beyoncé, Coldplay and Ed Sheeran Skating Debuts - Solid Gold at the Olympics

by Dorsey & Whitney LLP on

With the lifting of the International Skating Union ban on the use of music with lyrics, the Olympics in Pyeongchang is the first in which singles and pairs ice skaters can compete to music with lyrics (Ice Dancers have been...more

Supreme Court to Decide Future of Sports Betting: Implications for Tribal Casinos

by WilmerHale on

The Supreme Court’s forthcoming decision in Christie v. National Collegiate Athletic Association (Nos. 16-476, 16-477) will have profound implications for sports betting in the United States and will potentially open the door...more

Massachusetts Outlook: The Remainder of the 2017-2018 Legislative Session

With the end of the 2017-2018 legislative cycle fast approaching, Beacon Hill’s agenda for the coming months has begun to take shape. All major policymaking will need to be concluded by the end of formal sessions on July 31,...more

Gaming & Hospitality Legal News: Volume 11, Number 2 - The More Things Change, The More They … Change: Recent Developments In...

by Dickinson Wright on

Executive Summary and Takeaway: Trade secrets and confidential information are receiving increasing protection in many states, and as more states perceive this as a "business friendly" issue, this trend will continue and...more

Japan Integrated Resorts Update

by DLA Piper on

Where have we come since December 15, 2016, when the Japanese National Diet passed the Integrated Resort Promotion Act (IRPA), which is the basic framework legislation for integrated resorts (IRs) and the introduction of...more

IAB Seeks to Influence Marketers, Publishers With Influencer Guidance

Need help with influencer marketing? The Interactive Advertising Bureau has published a new guide that publishers and marketers can use to maximize their influencer marketing programs....more

Question Mark Leaves Court Questioning Defamation Claim

Demonstrating the power of punctuation, actor James Woods dodged a Twitter defamation suit after a federal court judge found that his use of a question mark meant his tweet was not a false statement of fact and merely invited...more

11th Circuit Affirms Dismissal of Defamation Claim Against Law Firm for Its Internal Investigation

by Akin Gump - Excubitor on

In a decision is sure to assuage the concerns of those engaged in conducting internal investigations, the 11th Circuit ruled last month that the law firm authors of an investigative report on the culture within a professional...more

Developer “Tagged” with $6.75 Million Damages Award for Willfully Destroying Graffiti Art of Recognized Stature

by Dorsey & Whitney LLP on

We previously posted about an advisory jury verdict rendered in the 5Pointz litigation (Cohen et al v. G&M Realty LP et al.), a case involving the whitewashing of the famous exterior aerosol (or “graffiti”) art in the space...more

The Freedom to Swim

by Wilson Elser on

In an August 2017 article, “0.44% of NFL Brains” we addressed The New York Times coverage of Dr. Ann Mckee’s report “Clinicopathological Evaluation of Chronic Traumatic Encephalopathy in Players of American Football” (JAMA....more

Georgia Film Tax Credit Expanded to Post-Production

by Taylor English Duma LLP on

For taxable years beginning on or after January 1, 2018, the Georgia legislature has expanded the film credit to cover “qualified post-production expenditures.” What is unique about this new law is that qualified...more

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

Members of the Berkshire Museum Pledge to Continue Fight Against Liquidation of the Museum’s Art Collection

by Sullivan & Worcester on

(Boston, MA, February 13, 2018) Sullivan & Worcester LLP clients and Berkshire Museum members James Hatt, Kristin Hatt, and Elizabeth Weinberg sharply denounced today the agreement that was announced Friday evening between...more

New York's Position on Sports Betting and the Upside for Municipalities

by Harris Beach PLLC on

In 1992, Congress banned sports gambling outside of Nevada, Delaware, Montana and Oregon with the passage of the Professional and Amateur Sports Protection Act. Over the last couple decades, sports betting has grown into a...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

At Stake - February 2018

by Fox Rothschild LLP on

In very snowy Chicago weather, the Illinois Gaming Board (IGB) held its monthly meeting on February 9, 2018. Only the very brave attended! RIVERBOAT- After the approval of the meeting minutes from the January 2018...more

11th Circuit Affirms Dismissal of Ex-NFL Coach's Defamation Action

by Ballard Spahr LLP on

A federal appeals court has ruled that a former Miami Dolphins coach—accused of bullying a player—did not have a valid defamation claim against a law firm that investigated the team's locker room culture....more

France Returns Nazi Looted Art To Descendants Of Rightful Owners At The Louvre Museum

by Fox Rothschild LLP on

In recent art world news, three paintings by Flemish master Joachim Patinir were formally handed over to the descendants of Herta and Henry Bromberg at the Louvre Museum by French Culture Minister Francoise Nyssen. This is...more

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