News & Analysis as of

Name and Likeness Endorsements Right of Publicity

Littler

Maryland Enacts a Name, Image, and Likeness Law

Littler on

Maryland has enacted a law allowing student-athletes to earn compensation from name, image, and likeness (NIL) endorsement deals. The law, Md. Code Ann., Educ. § 15-131, went into effect on July 1, 2023, and is part of a...more

Morgan Lewis

Sports Sponsorship Agreements in the Digital Age

Morgan Lewis on

Technological advances and changes prompted by COVID-19 have driven an evolution in sports sponsorship agreements, from traditional advertising to a digital-heavy and more accessible sponsorship environment. But with those...more

Littler

NCAA Rules to Be Aware of Before Reaching an NIL Deal

Littler on

The National Collegiate Athletic Association (NCAA) recently issued new guidance regarding name, image, and likeness (NIL) endorsement deals with college athletes. The NCAA’s most recent guidance aims to provide clarity on...more

Bodman

Application of Michigan's NIL Law

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More changes are coming to the NIL laws governing Michigan student-athletes – effective December 31, 2022, House Bill 5217 officially sets parameters for how student-athletes can earn compensation for the use of their name,...more

Holland & Knight LLP

NCAA Clarifies Stance on Permissible NIL Activities

Holland & Knight LLP on

The National Collegiate Athletic Association (NCAA) on Oct. 26, 2022, offered new guidance on Name, Image and Likeness (NIL) activities of universities, student-athletes (SA) and other entities supporting the NIL industry. In...more

Bodman

NIL Laws and Regulations Today

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Over a year has passed since student-athletes gained the right to enter endorsement deals with businesses across the country.  This name, image, and likeness (“NIL”) era, as it has been termed, has caused both excitement and...more

Kelley Drye & Warren LLP

50 Cents, a Euphemistic Eggplant, and the Right of Publicity

Kelley Drye & Warren LLP on

Celebrities generally don’t like when companies use their images or names without permission. For example, Jennifer Love Hewitt didn’t love when a company used her image to promote a vitamin spray, and Michael Jordan seemed...more

Ward and Smith, P.A.

NCAA Name, Image, and Likeness Guidance for Businesses and Boosters

Ward and Smith, P.A. on

The world of Name, Image, and Likeness (NIL) has exploded onto the scene and taken college athletics by storm.  The impact of NIL on the college sports landscape is a topic of daily discussion throughout sports media. ...more

Foster Garvey PC

Sports & Entertainment Spotlight: Boosters in NIL Collectives Are Taking Full Advantage of Using NIL as a Recruiting Tool, and...

Foster Garvey PC on

Welcome back to the "Spotlight," welcome back to allergy season and welcome back, Kotter (I swear I’m younger than that reference would indicate). At any rate, this weekend, I am looking forward to welcoming Broadway back to...more

Foster Garvey PC

Roller Derby Team Sues Cleveland Guardians for Alleged Trademark Infringement Over Use of Team Name

Foster Garvey PC on

Back to our regularly scheduled programming: Fresh off of my paternity leave in which feeding and putting to sleep my baby was my charge, I have the distinct privilege of resuming my commentary portion of the Spotlight. With...more

Foster Garvey PC

Sedona Prince from Oregon Ducks Dubbed the Poster Child of NIL

Foster Garvey PC on

- NIL (name, image, likeness) continues to captivate headlines as athletes forge ahead with profit-churning ventures while still in school thanks to the NCAA’s new rules. Sedona Prince of the Oregon Ducks is a rock star as...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Court Melts Ice Cube's Trademark Lawsuit against Robinhood + Update

Weintraub Tobin on

This week on the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between rapper, Ice Cube and Robinhood over the trading app’s use of Ice Cube’s image in a newsletter. ...more

Weintraub Tobin

The Briefing by the IP Law Blog: Court Melts Ice Cube's Trademark Lawsuit against Robinhood + Update

Weintraub Tobin on

This week on the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between rapper, Ice Cube and Robinhood over the trading app’s use of Ice Cube’s image in a newsletter. ...more

Foster Garvey PC

It May Be “Simply the Best” that Tina Turner Sells Her Iconic Catalog to BMG

Foster Garvey PC on

- Tina Turner signed the rights of her iconic music catalogue spanning 60 years, including her name, image and likeness to a German music company, BMG. While Warner Music record label still manages her record, is this a sign...more

Foster Garvey PC

Universal Music Group’s Blockbuster IPO on European Stock Exchange Signals Music Biz Resurgence

Foster Garvey PC on

- There is that sweet sound of music as Universal Music Group’s IPO debuted as the largest in the history of the music business, with the listing on Euronext Amsterdam valuing the company at more than $53 billion. The stock’s...more

Foster Garvey PC

Ongoing Strife Between Studios and Talent Continues as Christopher Nolan Ends Nearly Two-Decade-Long Relationship With Warner...

Foster Garvey PC on

- Esteemed filmmaker Christopher Nolan’s decision to leave his 19-year-long relationship with Warner Bros. for Universal to make his next film (about Robert Oppenheimer and the creation of an atomic bomb) continues to...more

Foster Garvey PC

With Cryptocurrencies and NFTs Continuing to Boom, Financial Regulators Are Clamping Down

Foster Garvey PC on

- With crypto investment frauds on the rise, the U.S. Securities and Exchange Commission sent a warning to investors and published an investor alert listing out possible signs of a scam. Along similar lines, a Bloomberg...more

Foster Garvey PC

As Streaming Continues to Surge, More Backend Compensation Disputes Between Talent and Studios Likely to Follow

Foster Garvey PC on

- Beyoncé’s announcement of building a hemp farm (together with a honey farm) brings the perceived health benefits of CBD even further into the mainstream. Could this momentum ultimately lead to positive conversations around...more

Bodman

Contract Basics for Every Student-Athlete NIL Deal

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NCAA Student-Athletes (“SAs”) and companies around the country should recognize the extraordinary potential that exists in the market now that SAs control the rights of their name, image, and likeness (“NIL”). Still, the...more

Morgan Lewis

Think Before You Ink: Key Considerations in Contracting with Student Athletes for NIL Rights

Morgan Lewis on

Now that student athletes can engage in contracts for compensation in exchange for use of their name, image, and likeness (NIL), the commercial possibilities abound. However, given the variations among the laws in each state,...more

Foster Garvey PC

Sports & Entertainment Spotlight: Can Celebrity Endorsements Influence Perceptions Around the COVID-19 Vaccine?

Foster Garvey PC on

- As the pandemic continues, the question arises: Could celebrities be the key to getting the country vaccinated? - Seemingly everyone is coming up a winner in the music business with the top three major companies bringing...more

Foster Garvey PC

Sports & Entertainment Spotlight: The Steady Evolution of Athlete Endorsement and Sponsorship Markets and the Latest Household...

Foster Garvey PC on

Some of this week's highlights include: - Emerging trends are showing signs of change in the sponsorships and endorsement markets. A segment once largely overlooked, athletes in the LGBTQ+ community are finally ringing in...more

Bodman

What Every Student-Athlete Needs to Know: Six Key Issues for Name, Image, and Likeness Deals

Bodman on

In a policy reversal many years in the making, the NCAA now allows student-athletes (“SAs”) to benefit from the use of their name, image, and “likeness,” such as their nickname or voice (“NIL”). The policy change includes not...more

Foster Garvey PC

Sports & Entertainment Spotlight - July 2021

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Just months after breathing life into to the "Sports & Entertainment Spotlight," I am (well, my wife is) giving birth to a new creation — a baby boy. As such, I will be taking a break from the usual commentary (sleep...more

Foster Garvey PC

Sports & Entertainment Spotlight: Why the risks of holding the Tokyo Summer Olympic Game remain high, and how PGA Tour golfer...

Foster Garvey PC on

Strange as it may be, with vast majority of the world still reeling from the COVID-19 pandemic, we are on the eve of the opening ceremony for the “2020” Tokyo Summer Olympics. Olympic games in “normal” times are logistical...more

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