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Entertainment, Arts, and Sports Law Commons™
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- 2nd Circuit US Circuit Court of Appeals; 9th Circuit; 9th US Circuit Court of Appeals; Ape; Art; Authentication; Authenticity; BAYC; Birkin; Bitcoin; Bitcoin Blockchain; Blockchain; Blockchain Technology; Bored Ape Yacht Club; Brand Identity; Branding; Brand Protection; Business; Businesses; California; Central District of California; Civil Law; Classification; Collectibles; Commerce; Common Law; Consumer Confusion; Crypto; Cryptocurrency; CryptoPunk; CryptoPunks; Digital; Digital Age; Digital Assets; Digital Database; Digital Collectibles; Double Identity; Ethereum; Ethereum Blockchain; EU; EUIPO; Europe; European Union; European Union Intellectual Property Office; European Union Trade Mark; European Union Trade Mark Regulation; EUTM; EUTMR; Fair Competition; Federal Court; First Amendment; First to use; First to file; Global; Globalization; Hermes; Infringement; Innovation; Intellectual Property; Intent-to-Use; Internet; IP; Lanham; Lanham Act; Likelihood of Confusion; Litigation; Madrid Agreement; Madrid Protocol; Mark; Mason Rothschild; Metadata; MetaBirkin; MetaBirkins; Metaverse; Mint; Minted; Minting; New York; NFT; NFTs; Nice Classification; Nike; Non-Fungible Token; Non-Fungible Tokens; Ownership; Paris Convention; PFP; PFP NFT; Registered Marks; Regulation (EU) 2017/100; Regulation 2017/1001; Rothschild; RR/BAYC; Ryder Ripps; Satoshi Nakamoto; SDNY; Smart Contract; Sneaker; Southern District of New York; StockX; Technology; TM; TMs; Token; Tokens; Tokenization; Token ID; Trade; Trade-Related Aspect of Intellectual Property Rights Agreement; Trademark; Trademark Act; Trademark Cases; Trademark Infringement; Trademark Registration; TRIPS; TRIPS Agreement; United States; United States Patent and Trademark Office; Unregistered Marks; US; USPTO; Vault NFT; Virtual goods; WIPO; World Intellectual Property Organization; Yuga; Yuga Labs (1)
- Murphy; Murphy v. National; NCAA; Cyberdefensive; Regulation; Regulation of Sports; Sports; Betting; Sports Gambling; Online Gambling; Hackers; Cybersecurity; FTC; SEC; Sports Gambling; Gambling; PASPA; Sports Betting; Gaming Enforcement (1)
- Open Internet Order; Federal Communication Commission; Net Neutrality; Equal and Open Internet; Throttling Access; Internet; Online; Restoring Internet Freedom Order; Digital Piracy; Copyright Infringement (1)
- Right of publicity; privacy; data privacy; passing off; trademark; infringement; misappropriation; United Kingdom; UK; United States; US; California; New York; European Union; EU; social media; micro-influencer; intellectual property; IP; data protection; K Data Protection Act; General Data Protection Regulation; GDPR; California Consumer Privacy Act; CCPA; California Privacy Rights Act; CPRA; international; commercial; internet; online; brand; extraterritorial; identity; personal data; publicity; personality; likeness; persona (1)
- Youtube; Let's Play; Copyright; Unlicensed Copyright; Fair Use; Fair Use Doctrine; Nintendo; Let's Play videos; Copyright holders; Nintendo Creators Program; Fair use defense; contracts; contractual obligations; fan-created; recordings; video games; gamers; Twitch; user-generated; video hosting; revenue; DMCA; Content ID (1)
Articles 1 - 6 of 6
Full-Text Articles in Entertainment, Arts, and Sports Law
Trademark Infringement: The Likelihood Of Confusion Of Nfts In The Us And Eu, Sara Sachs
Trademark Infringement: The Likelihood Of Confusion Of Nfts In The Us And Eu, Sara Sachs
Brooklyn Journal of International Law
The immutability of non-fungible tokens has made it an invaluable tool for asset ownership and authentication across a variety of industries. With the proliferation of NFTs comes the need to protect trademarks and prevent consumer confusion in the digital age. This Note explores the existing legal framework for trademark law in the United States and European Union. This Note argues for a new trademark standard that reflects the interconnected nature of a global digital society.
From The Golden Gate To London: Bridging The Gap Between Data Privacy And The Right Of Publicity, Kristin Kuraishi
From The Golden Gate To London: Bridging The Gap Between Data Privacy And The Right Of Publicity, Kristin Kuraishi
Brooklyn Journal of International Law
Currently, there is no global standard or recognition for the right of publicity. Even within the United States, the recognition, scope, and protections vary by state. As the world becomes increasingly reliant on social media for news, information, communication, and recommendations, micro-influencers and non-celebrities require a way to control their developed and curated name, image, and likeness from unauthorized commercial uses by others. Advertising is occurring more frequently online, and brands recognize the power that micro-influencers have on commerce. Some countries, like the United Kingdom, do not recognize the right of publicity, potentially leaving many individuals without recourse for the …
Playing Fair: Youtube, Nintendo, And The Lost Balance Of Online Fair Use, Natalie Marfo
Playing Fair: Youtube, Nintendo, And The Lost Balance Of Online Fair Use, Natalie Marfo
Brooklyn Journal of Corporate, Financial & Commercial Law
Over the past decade, YouTube saw an upsurge in the popularity of “Let’s Play” videos. While positive for YouTube, this uptick was not without controversy. Let’s Play videos use unlicensed copyrighted materials, frustrating copyright holders. YouTube attempted to curb such usages by demonetizing and removing thousands of Let’s Play videos. Let’s Play creators struck back, arguing that the fair use doctrine protects their works. An increasing number of powerful companies, like Nintendo, began exploiting the ambiguity of the fair use doctrine against the genre; forcing potentially legal works to request permission and payment for Let’s Play videos, without a determination …
On The Clock, Best Bet To Draft Cyberdefensive Linemen: Federal Regulation Of Sports Betting From A Cybersecurity Perspective, William H. Williams
On The Clock, Best Bet To Draft Cyberdefensive Linemen: Federal Regulation Of Sports Betting From A Cybersecurity Perspective, William H. Williams
Brooklyn Journal of Corporate, Financial & Commercial Law
On May 14, 2018, Justice Alito delivered the majority opinion for the United States Supreme Court in Murphy v. National Collegiate Athletic Association (NCAA). The Professional and Amateur Protection Act (PASPA), a twenty-six-year-old federal statute, was deemed unconstitutional; thus, this decision allows state legislatures to legalize sports betting within their borders. With many states independently legalizing sports gambling, the regulatory landscape throughout the country is becoming a patchwork of state statutes. Additionally, top tier sporting organizations heavily depend on data analytics to formulate game plan strategy, train efficiently, rehab player injuries, gauge team and player performance, etc. The popularity of …
Remnants Of Net Neutrality: Policing Unlawful Content Through Broadband Providers, Aaron Lerman
Remnants Of Net Neutrality: Policing Unlawful Content Through Broadband Providers, Aaron Lerman
Brooklyn Journal of Corporate, Financial & Commercial Law
The 2015 Open Internet Order, released by The Federal Communication Commission (FCC), introduced sweeping, new rules that promised to preserve an equal and open Internet to consumers. These rules, otherwise known as “Net Neutrality,” prohibited broadband and internet service providers from impairing, blocking, or throttling access to “lawful content” online. But with a new administration and agenda, the FCC’s 2017 Restoring Internet Freedom Order repealed Net Neutrality. Since then, various states have pushed back against the repeal, with some adopting their own versions of the 2015 Open Internet Order’s Net Neutrality, keeping most of the rule language intact, including the …
Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein
Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein
Journal of Law and Policy
Over the last several years, data breaches have become increasingly more common, due in no small part to the failures of organizations charged with storing and protecting personal data. Consumers whose data has fallen victim to these breaches are more often turning to federal courts in attempts to be made whole from the loss of their information, whether simple credit card information or, as breaches become more sophisticated, social security information, medical and financial records, and more. These consumers are often being turned away from the courthouse, however, due to a failure of many federal courts to find that the …