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Full-Text Articles in Law
How Close Is “Too Close”, Lana Ciaramella
How Close Is “Too Close”, Lana Ciaramella
Pace Intellectual Property, Sports & Entertainment Law Forum
Lana Ciaramella writes an article on trade dress infringement. Her article discusses the standards of trade dress infringement, how they are applicable to private label products and how the courts have modified their view of trade dress infringement over time. She focuses on the landmark decision in McNeil Nutritionals, LLC v. Heartland Sweetners, which set a new precedent for treatment of trade dress infringement by private label manufacturers of brand name products.
The Creative Commons: A Supplement To Copyright In Today’S Technological Culture, Frank Polcino
The Creative Commons: A Supplement To Copyright In Today’S Technological Culture, Frank Polcino
Pace Intellectual Property, Sports & Entertainment Law Forum
In his article “The Creative Commons: A Supplement to Copyright in Today’s Technological Culture”, Frank Polcino discusses the relatively new licensing approach for copyrightable works, which originated from a 501(c)(3) tax-exempt charitable corporation called Creative Commons.
A Changing Game: The Inclusion Of Transsexual Athletes In The Sports Industry, Joseph Randall
A Changing Game: The Inclusion Of Transsexual Athletes In The Sports Industry, Joseph Randall
Pace Intellectual Property, Sports & Entertainment Law Forum
Joseph Randall explores the emerging trend in the sports industry towards the inclusion of transsexual athletes. He analyzes the impact of Renee Richards v. United States Tennis Association, the first case to speak on the legal rights of transsexual athletes, and then provides an overview of how the sports industry is gradually making it easier for transsexual athletes to compete in athletics. Randall ultimately concludes that in the interests of ethics and equality, the sports industry has a duty to afford all transsexual players an equal opportunity to play.
War Of The Dolls: Did The Ninth Circuit Fail To Apply The “Intended Audience Test” In Holding Substantial Similarity Should Be Determined From The Perspective Of The “Ordinary Observer” And Not A “Child” In Mattel, Inc. V. Mga Entertainment, Inc.?, Emily Flasz
Pace Intellectual Property, Sports & Entertainment Law Forum
Emily Flasz writes an article on the application of the substantial similarity test in copyright infringement cases. Her article addresses whether the second prong of the substantial similarity test, the “intrinsic test,” should include the “intended audience test” when the works in issue are intended for children. She examines this question within the context of the Ninth Circuit’s decision in Mattel, Inc. v. MGA Entertainment, Inc. and provides an in depth look at how the Second, Third, Fourth, Sixth, and Ninth Federal Circuit Courts have applied the “intended audience test” when the works in dispute are intended for specialized audiences, …
For The Love Of The Name: Professional Athletes Seek Trademark Protection, Brett Harris Pavony, Jaia Thomas
For The Love Of The Name: Professional Athletes Seek Trademark Protection, Brett Harris Pavony, Jaia Thomas
Pace Intellectual Property, Sports & Entertainment Law Forum
Brett Pavony & Jaia Thomas wrote an article that explores the burgeoning relationship between professional sports and trademark law. After providing an overview of the various requirements outlined by the United States Patent and Trademark Office (USPTO), the article transitions into exploring the emerging trend of sports figures seeking federal trademark protection. Brett & Jaia blend their expertise and research to present an article that focuses on an analytical examination of professional athletes seeking trademark protection. The article also offers a glimpse into the future of intellectual property law as it pertains to professional athletes. As more and more athletes …
Back On Track 2: The Principles Of Corrective Justice For Performance Enhancing Malpractice In Sports, Andrea Carska-Sheppard, Paul Weiler, Jim Medford
Back On Track 2: The Principles Of Corrective Justice For Performance Enhancing Malpractice In Sports, Andrea Carska-Sheppard, Paul Weiler, Jim Medford
Pace Intellectual Property, Sports & Entertainment Law Forum
The first version of this article appeared on the Social Science Research Network more than five years ago. At the time, Andrea Carska-Sheppard, Paul Weiler, and Jim Medford suggested an interdisciplinary debate to bring about solutions urgently needed in the area of performance enhancing malpractice in sports. This was before the Congressional investigations on steroid use, which brought public scrutiny to professional sports. While our society deals (with varying success) with other types of offenses by providing perpetrators with means of support and rehabilitation, we noted there is very little systematic support available to athletes who are suspended for performance …
American Needle’S Progeny? Tennis And Antitrust, Ryan M. Rodenberg, Daniel Hauptman
American Needle’S Progeny? Tennis And Antitrust, Ryan M. Rodenberg, Daniel Hauptman
Pace Intellectual Property, Sports & Entertainment Law Forum
Decided in the shadow of the U.S. Supreme Court’s May 2010 decision in American Needle v. NFL, Ryan M. Rodenberg and Daniel Hauptman analyze Deutscher Tennis Bund v. ATP World Tour (hereinafter DTB v. ATP) and aim to explain its implications for individual sports (e.g. tennis and golf) and sport governance generally. Treatment is afforded to both the District Court’s jury verdict and the Third Circuit’s appellate decision in DTB v. ATP. Despite being the first federal appellate sports antitrust decision rendered following American Needle, this article concludes that DTB v. ATP should not be considered an …
Sports In America, John D. Feerick
Sports In America, John D. Feerick
Pace Intellectual Property, Sports & Entertainment Law Forum
A speech written and delivered by Dean John Feerick on April 17, 2009 at the Fordham Law School Sports Law Symposium gives us an insightful look into what sports mean to the world around them. Dean Feerick has been involved first hand in a number of influential sports law decisions in his time as a practitioner and this speech serves as a reminder as to the meaningful role that sports play in each one of our lives. Feerick draws from life experiences of his own as well as that of colleagues and family members to observe the timeless and universal …
Social Media In Sports: Can Professional Sports League Commissioners Punish 'Twackle Dummies'?, Daniel J. Friedman
Social Media In Sports: Can Professional Sports League Commissioners Punish 'Twackle Dummies'?, Daniel J. Friedman
Pace Intellectual Property, Sports & Entertainment Law Forum
Daniel J. Friedman writes an article discussing the rise and popularity in social media use by professional athletes. He then discusses some of the new problems that have arisen due to social media misuse and the power of the Commissioner to restrict and punish the players for misuse. The article culminates with a case study hypothetical related to content based social media misuse and whether the Commissioners of professional sports league can punish a player for the content of their social media messages.
Combating Online Trademark And Copyright Infringement: Ice And Doj Domain Name Seizures New Tools In The Government’S Efforts To Combat Online Ip Infringement, Tanya Dunbar
Pace Intellectual Property, Sports & Entertainment Law Forum
The ICE seizures and proposed legislations to codify ICE-style seizures have led many to question the legitimacy of ICE’s seizures and decry the bills as censorship. Tanya Dunbar’s article explores the reasons for the government’s actions, the seizure mechanism the government employs, and the controversy surrounding domain name seizures. Where possible, the Ms. Dunbar offers solutions to some of the controversial issues that may arise.
Football V. Football: A Comparison Of Agent Regulation In France’S Ligue 1 And The National Football League, Thomas A. Baker Iii, Darren A. Heitner, Jean Francois Brocard, Kevin K. Byon
Football V. Football: A Comparison Of Agent Regulation In France’S Ligue 1 And The National Football League, Thomas A. Baker Iii, Darren A. Heitner, Jean Francois Brocard, Kevin K. Byon
Pace Intellectual Property, Sports & Entertainment Law Forum
Baker, Heitner, Broçard and Byon, in their article Football v. Football, analyze agent regulation in the NFL and compare it to how agents are regulated in France for Ligue 1. The article begins with a brief discussion on the concept of a sports agency that includes analysis of governmental regulation of agency in both the United States and in France. The article continues by exploring how agents are regulated in their representation of the NFL and Ligue 1 football players. Subsequently the article concludes with a discussion that includes suggestions concerning future agent regulation for both the NFL and Ligue …