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Law

Baseball

2017

Articles 1 - 7 of 7

Full-Text Articles in Law

Wrigley Field, The Trademark, Benjamin J. Welch Jun 2017

Wrigley Field, The Trademark, Benjamin J. Welch

Pace Intellectual Property, Sports & Entertainment Law Forum

This paper is about the theory of applying the law of trade dress and all the protections that come with it to stadiums, specifically to Wrigley Field, home of Major League Baseball’s Chicago Cubs. Trade dress is the version of trademark reserved for the packaging, design, or color of products. If the packaging, design, or color possesses the ability to identify the source or creator of the product, then it can create a possessory interest in the product’s creator for that style of packaging, design of the product, or color used. This possessory interest is used to protect the reputation …

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Diamond Justice—Teaching Baseball And The Law, Edmund P. Edmonds May 2017

Diamond Justice—Teaching Baseball And The Law, Edmund P. Edmonds

Edmund P. Edmonds

Authors Louis H. Schiff and Robert M. Jarvis set out to fill a void in the vast array of legal teaching materials by creating Baseball and the Law: Cases and Materials, the first casebook to concentrate on “The National Pastime.” Their goal was to create a casebook that would propel the expansion of teaching law and baseball courses in law schools. By pulling together appropriate cases and primary reading material with detailed and carefully crafted notes, the authors have admirably completed this task with over 1000 pages of text to allow faculty and students in the legal academy a resource …

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Incidental Intellectual Property, Brian L. Frye Jan 2017

Incidental Intellectual Property, Brian L. Frye

Law Faculty Scholarly Articles

As Mark Twain apocryphally observed, “History doesn’t repeat itself, but it often rhymes.” The history of the right of publicity reflects a common intellectual property rhyme. Much like copyright, the right of publicity is an incidental intellectual property right that emerged out of regulation. Over time, the property right gradually detached itself from the regulation and evolved into an independent legal doctrine.

Copyright emerged from the efforts of the Stationers’ Company to preserve its members’ monopoly on the publication of works of authorship. Similarly, it can be argued the right of publicity emerged from the efforts of bubblegum companies to …

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Baseball And The U.S.-Cuban Diplomatic Relationship: Why Did Baseball Serve As An Ineffective Diplomatic Tool For The United States And Cuba?, Abbygale Sarah Martinen Jan 2017

Baseball And The U.S.-Cuban Diplomatic Relationship: Why Did Baseball Serve As An Ineffective Diplomatic Tool For The United States And Cuba?, Abbygale Sarah Martinen

Honors Theses and Capstones

No abstract provided.

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Arrr... Whose Booty, Mates? Who Possesses Legal Title To A Home Run Baseball That Lands Outside A Stadium's Confines?, Michael R. Gavin Jan 2017

Arrr... Whose Booty, Mates? Who Possesses Legal Title To A Home Run Baseball That Lands Outside A Stadium's Confines?, Michael R. Gavin

Marquette Sports Law Review

None

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Custom’S Last Stand: Why Mlb Trusts Tradition To Police Player Conduct And The Nfl Doesn’T, Mitchell J. Nathanson Dec 2016

Custom’S Last Stand: Why Mlb Trusts Tradition To Police Player Conduct And The Nfl Doesn’T, Mitchell J. Nathanson

Mitchell J Nathanson

This article examines the divergent ways player conduct is governed within the NFL and Major League Baseball and presents a hypothesis that might explain the differences.  It surveys the governing principles of participant comportment within both sports and asserts that while Major League Baseball is, and has been since the game’s inception, ruled largely in this regard by informal custom, the NFL eschews such an approach in favor of the formation, application and regular updating of formal, positive law.  As for why these different governing approaches exist, this article posits that the answer can be found within the origins of …

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More Than Just California Dreamin.Pdf, Mitchell J. Nathanson Dec 2016

More Than Just California Dreamin.Pdf, Mitchell J. Nathanson

Mitchell J Nathanson

This Article examines California Labor Law §2855 and explores whether it might apply to Major League Baseball (MLB) clubs operating within the state of California.  Further, it attempts to answer the question of how the statute might impact California clubs, as well as those operating outside of California, if in fact it does.  It will explore the history, purpose and workings of the statute – one most typically applied to artists and creatives such as Hollywood actors – as well as its public policy aims to see whether the concerns that underpin the language and subsequent judicial interpretation of §2855 …

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