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One Too Many Sticks For The Trademark Bundle? The Unintended Consequences Of Luxury Brands’ Push For A Post-First Sale Authentication Right, Betina A. Baumgarten 2022 Loyola Marymount University and Loyola Law School

One Too Many Sticks For The Trademark Bundle? The Unintended Consequences Of Luxury Brands’ Push For A Post-First Sale Authentication Right, Betina A. Baumgarten

Loyola of Los Angeles Entertainment Law Review

The unprecedented and exponential growth of resale is both a rose and a thorn to the luxury market. Some fashion brands construe resale as an opportunity to diversify and expand their client base; while others, who firmly subscribe to a luxury philosophy grounded in exclusivity, believe resale threatens everything from their brand allure to their very existence. Indeed, when Chanel declared that “[o]nly Chanel itself can know what is genuine Chanel,” it opened Pandora’s box by providing far more than a peek into its litigation strategy. Chanel’s declaration all but declared war on the secondary resale market ...


Tinkering With The Schoolhouse Gate: The Future Of Student Speech After Mahanoy Area School District V. B.L., Victoria R. Bonds 2022 LMU Loyola Law School, Los Angeles

Tinkering With The Schoolhouse Gate: The Future Of Student Speech After Mahanoy Area School District V. B.L., Victoria R. Bonds

Loyola of Los Angeles Entertainment Law Review

When the Supreme Court last created a rule about students’ First Amendment rights, MySpace was the most popular social media platform. Students’ use of social media and technology has radically changed since then, and it is time the First Amendment case law reflects that. With the transition to online learning after the COVID-19 pandemic and overall increased reliance on technology, students need clear answers about when school officials can punish them for their social media posts.

The Supreme Court had a chance to clarify First Amendment student speech law this year in Mahanoy Area School District v. B.L., but ...


Level-Up: Towards A More Competitive & Labor-Friendly E-Sports Industry, Andrew Ramstad 2021 Brooklyn Law School

Level-Up: Towards A More Competitive & Labor-Friendly E-Sports Industry, Andrew Ramstad

Brooklyn Journal of International Law

Despite humble beginnings, the advent of the modern internet has seen the explosion of e-sports into an industry commanding hundreds of millions of annual viewers and nearly a billion dollars in annual advertising revenue. Facilitating this expansion has been a shift from independently run competitive e-sports leagues to leagues created and operated by the developers of the league’s underlying game. This vertical integration by developers increases e-sports accessibility to viewers, but at the cost of decreased player bargaining power and professional flexibility. The integration further incentivizes ever-increasing working hours and self-destructive or rule-breaking behavior by players to stay competitive ...


From The Golden Gate To London: Bridging The Gap Between Data Privacy And The Right Of Publicity, Kristin Kuraishi 2021 Brooklyn Law School

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 ...


Copyright’S Deprivations, Anne-Marie Carstens 2021 University of Washington School of Law

Copyright’S Deprivations, Anne-Marie Carstens

Washington Law Review

This Article challenges the constitutionality of a copyright infringement remedy provided in federal copyright law: courts can order the destruction or other permanent deprivation of personal property based on its mere capacity to serve as a vehicle for infringement. This deprivation remedy requires no showing of actual nexus to the litigated infringement, no finding of willfulness, and no showing that the property’s infringing uses comprise the significant or predominant uses. These striking deficits stem from a historical fiction that viewed a tool of infringement, such as a printing plate, as the functional equivalent of an infringing copy itself. Today ...


You Are Not A Commodity: A More Efficient Approach To Commercial Privacy Rights, Benjamin T. Pardue 2021 University of Washington School of Law

You Are Not A Commodity: A More Efficient Approach To Commercial Privacy Rights, Benjamin T. Pardue

Washington Law Review

United States common law provides four torts for privacy invasion: (1) disclosure of private facts, (2) intrusion upon seclusion, (3) placement of a person in a false light, and (4) appropriation of name or likeness. Appropriation of name or likeness occurs when a defendant commandeers the plaintiff’s recognizability, typically for a commercial benefit. Most states allow plaintiffs who establish liability to recover defendants’ profits as damages from the misappropriation under an “unjust enrichment” theory. By contrast, this Comment argues that such an award provides a windfall to plaintiffs and contributes to suboptimal social outcomes. These include overcompensating plaintiffs and ...


Law Is In The Bin: New Frontiers In Conceptual Art And Legal Liability, Katelyn E. Doering 2021 Candidate for Juris Doctor, Notre Dame Law School, 2022

Law Is In The Bin: New Frontiers In Conceptual Art And Legal Liability, Katelyn E. Doering

Notre Dame Law Review

Part I of this Note begins with a discussion of who Banksy is and why his work is important to this legal debate, finishing with a detailed description of the features of conceptual art that are relevant for legal analysis and an argument that the shredding stunt—the event itself, not the partially shredded canvas—is a work of conceptual art. Part II argues that the unique features of the shredding stunt, and of future works in the same artistic category, present a novel legal problem both for artists and for buyers. This novel problem is explored through the lens ...


Covid-19 Protocols For Ncaa Football And The Nfl: Does Collective Bargaining Produce Safer Conditions For Players?, Michael H. LeRoy 2021 University of Illinois at Urbana-Champaign

Covid-19 Protocols For Ncaa Football And The Nfl: Does Collective Bargaining Produce Safer Conditions For Players?, Michael H. Leroy

Utah Law Review

My study surveyed all NCAA football programs in Power 5 conferences during the 2020 season to compare their COVID-19 safety protocols to those in the NFL-NFLPA labor agreement. College protocols lacked input from a players association. In contrast, the NFL and their players collectively bargained a seventy-two-page agreement for COVID- 19 protocols. Policies from nineteen college football programs fell far short of NFL-NFLPA standards, scoring ten to thirty points out of the forty-five safety points in the NFL labor agreement. College policies were strongest for symptom checking and cardiac evaluations. However, most college policies failed to identify players with individual ...


Touchdown St. Louis: A Recap Of The Nfl And Rams Lawsuit, Katie Hoffecker 2021 Saint Louis University School of Law

Touchdown St. Louis: A Recap Of The Nfl And Rams Lawsuit, Katie Hoffecker

SLU Law Journal Online

The Rams’ move to Los Angeles in 2016 brought about more than just hard feelings toward the National Football League and owner, Stan Kroenke—it resulted in a billion dollar lawsuit. In this article, Katie Hoffecker analyzes the past five years of the litigation proceedings as the case ultimately settles.


Like And Subscribe: The Fight For Student Athletes’ Nil Rights, Jovanny Nava 2021 Saint Louis University School of Law

Like And Subscribe: The Fight For Student Athletes’ Nil Rights, Jovanny Nava

SLU Law Journal Online

Recent developments in state law concerning student athlete’s ability to monetize their name, image, and likeness, as well as the Supreme Court’s recent ruling striking down similar restrictions, does not bode well for the NCAA’s remaining policies. In this article, Jovanny Nava explores the implications of these developments.


Influencing Immigration: The Need For Immigration Reform In The Age Of Social Media Influencers, Sydney Wong 2021 LMU Loyola Law School, Los Angeles

Influencing Immigration: The Need For Immigration Reform In The Age Of Social Media Influencers, Sydney Wong

Loyola of Los Angeles Entertainment Law Review

The social media “influencer” has become a powerful marketing tool for American businesses to advertise their products and services. Foreign influencers have the ability to help American businesses reach international markets and are an effective solution to the marketing challenges that come with trying to break into these international markets. However, if a foreign influencer visits the United States and performs paid marketing work for an American business without a work visa, then the influencer will have violated U.S. immigration law. Indeed, even a seemingly harmless sponsored Instagram post may be a violation.

The clear solution to this problem ...


The Power Of The Modern Media On An “Impartial” Jury: A Deeper Look At The Kobe Bryant Wrongful Death Lawsuit, Tatum Lowe 2021 Pepperdine Caruso School of Law

The Power Of The Modern Media On An “Impartial” Jury: A Deeper Look At The Kobe Bryant Wrongful Death Lawsuit, Tatum Lowe

Loyola of Los Angeles Entertainment Law Review

The impact of the modern media on jury impartiality has never been more prevalent than today. Whether in criminal or civil trials, courts are faced with adjudicating cases with constant media coverage. This is especially concerning when these issues gain nationwide coverage thus leaving very few people without some sort of preconceived notion or opinion on the case. Courts today are now faced with jury pools that come in with “knowledge” and preconceived opinions before any client has had a chance to make their case. Thus, it is not surprising that the defendant in the Kobe Bryant wrongful death suit ...


Blockchain Copyright Exchange – A Prototype, Jiarui Liu 2021 Center for Internet and Society, Stanford Law School

Blockchain Copyright Exchange – A Prototype, Jiarui Liu

Buffalo Law Review

The copyright market for creative works such as music and movies traditionally involves a complex web of licensing transactions and exorbitant transaction costs. Out of every dollar that consumers pay, an artist who writes, performs, and produces her own work may receive less than fifteen cents while the rest are diverted to cover the costs of financing new production, marketing new works, and distributing royalties. Although artists are typically scheduled to receive royalties on a quarterly basis, a payment may lag as far as two years after users paid. Furthermore, if a collecting society is unable to identify the rightful ...


Taking Exception To Assessments Of American Exceptionalism: Why The United States Isn’T Such An Outlier On Free Speech, Evelyn Mary Aswad 2021 University of Oklahoma College of Law

Taking Exception To Assessments Of American Exceptionalism: Why The United States Isn’T Such An Outlier On Free Speech, Evelyn Mary Aswad

Dickinson Law Review

One of the most significant challenges to human freedom in the digital age involves the sheer power of private companies over speech and the fact that power is untethered to existing free speech principles. Heated debates are ongoing about what standards social media companies should adopt to regulate speech on their platforms. Some have argued that global social media companies, such as Facebook and Twitter, should align their speech codes with the international human rights law standards of the United Nations (“U.N.”). Others have countered that U.S.-based companies should apply First Amendment standards. Much of this debate ...


Monopolizing Sports Data, Marc Edelman, John T. Holden 2021 William & Mary Law School

Monopolizing Sports Data, Marc Edelman, John T. Holden

William & Mary Law Review

With legal sports betting viewed as a panacea for state budget woes across the United States, the underlying data that fuels the sports betting industry has emerged as an especially valuable asset. In the hopes of capitalizing on state laws that have now legalized sports betting, United States professional sports leagues have attempted to gain exclusive ownership rights over valuable sports betting data by asking legislators to mandate that bookmakers exclusively use data sold through the league. In addition, some sports leagues have imposed policies mandating that teams bundle together their collected data for purposes of selling it exclusively through ...


Copyrighting Tiktok Dances: Choreography In The Internet Age, Ali Johnson 2021 University of Washington School of Law

Copyrighting Tiktok Dances: Choreography In The Internet Age, Ali Johnson

Washington Law Review

TikTok is a video-sharing social media application that launched in 2018 and has grown wildly since its inception. Many users are drawn to the platform by “dance challenges”—short dance routines of varying complexity set to popular songs that are recreated by other users, eventually going “viral” (i.e., recreated on a massive scale by other users) on the app. Going viral can provide young dancers and choreographers an opportunity to break into the highly competitive entertainment industry. However, there is a problem: due to TikTok’s interface and community practices, the original creators of a dance (who, significantly, are ...


An Uneven Playing Field: Remedying The Professional Sports Wage Gap By Revising The Equal Pay Act, Melissa C. Felcher 2021 Brooklyn Law School

An Uneven Playing Field: Remedying The Professional Sports Wage Gap By Revising The Equal Pay Act, Melissa C. Felcher

Brooklyn Law Review

Despite winning numerous World Cup championships and securing the title as the number one female soccer team in the world, the United States Women’s National Team (USWNT) has taken the silver medal to its male counterpart, the United States Men’s National Team (USMNT), in one specific area: compensation. In an effort to level the playing field, the USWNT recently filed a lawsuit under the Equal Pay Act (EPA) against its single common employer, United States Soccer Federation (USSF), which owns both the USWNT and the USMNT. At first blush, it might be hard to reconcile this phenomenon. However ...


A Half-Built House: The Substantial Similarity Analysis Split In Architectural Copyright Infringement Cases, Madison V. Smiley 2021 Brooklyn Law School

A Half-Built House: The Substantial Similarity Analysis Split In Architectural Copyright Infringement Cases, Madison V. Smiley

Brooklyn Law Review

The path to extending copyright protection to architectural works in the United States has not come without its challenges, especially as the federal courts continue to muddle through complicated and varying case law to determine whether architectural works infringement has occurred in a given dispute. Applying a uniform approach to analyze substantial similarity in a way that effectively protects architectural works across the federal circuits is necessary to fulfill the legislative intent and the constitutional intent of copyright protection. Likewise, a uniform approach will clarify the level of copyright protection that architectural works are permitted to receive in the United ...


"Recognized Stature" Revisited: Could "Community Standards" Rescue Restrictive "Recognized Stature" Definition In Castillo V. G&M Realty L.P.?, Caitlin M. McGrail 2021 Villanova University Charles Widger School of Law

"Recognized Stature" Revisited: Could "Community Standards" Rescue Restrictive "Recognized Stature" Definition In Castillo V. G&M Realty L.P.?, Caitlin M. Mcgrail

Villanova Law Review

No abstract provided.


Let's Play Ball: Sports, Entertainment, And The Law, Milton O. Thompson 2021 Grand Slam III, LLC

Let's Play Ball: Sports, Entertainment, And The Law, Milton O. Thompson

One More Cold Call: An IU Maurer School of Law Alumni Podcast

Milt Thompson, JD 1979 and president and CEO of Grand Slam, talks about turning down a professional baseball career to attend law school, what it was like to graduate in 1979, how he co-founded Play Ball Indiana, his work with the Pan American Games (including a trip to Cuba where he met with Fidel Castro), and his long-standing work with nonprofits and community organizations in Indianapolis.


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