Laws — like people — are imperfect. They can be slow to adapt to evolving societal norms, and worse still, their application can yield unjust outcomes. Indeed, look no further than this past week’s developments involving...more
7/9/2021
/ Artists ,
Athletes ,
Celebrities ,
Celebrity Endorsements ,
College Athletes ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Endorsements ,
Entertainment Industry ,
Intellectual Property Protection ,
Investors ,
Marijuana ,
Movies ,
Music Industry ,
Name and Likeness ,
NCAA ,
Non-Fungible Tokens (NFTs) ,
Olympics ,
Right of Publicity ,
Sponsorship Agreements ,
Sports ,
Student Athletes ,
Television Shows
Well, today is the big day. If you’re reading this week’s installment of the Spotlight, it means that you survived the long and arduous journey of the name, image and likeness (NIL) era in college sports. Indeed, with the...more
7/2/2021
/ Amazon ,
Amended Complaints ,
Artists ,
Athletes ,
Blockchain ,
Brand ,
Celebrities ,
Celebrity Endorsements ,
College Athletes ,
Consumer Privacy Rights ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Cryptocurrency ,
Data Privacy ,
Digital Assets ,
Endorsements ,
Entertainment Industry ,
Entrepreneurs ,
Executive Orders ,
Governor Beshear ,
Intellectual Property Protection ,
Internet Streaming ,
Investors ,
Jay Z ,
Kanye West ,
Kim Kardashian ,
Knockoffs ,
Marvel Comics ,
Movies ,
Music Industry ,
Music Streaming ,
Name and Likeness ,
NCAA ,
Nike ,
Non-Fungible Tokens (NFTs) ,
Olympics ,
Photographs ,
Radio Stations ,
Right of Publicity ,
Royalties ,
SiriusXM ,
Smart Contracts ,
Social Media ,
Sponsorship Agreements ,
Sports ,
Student Athletes ,
Television Shows ,
UCLA ,
Universal ,
Wal-Mart
“The NCAA is not above the law.” Those seven words capped Justice Brett Kavanaugh’s searing concurring opinion issued in connection with Monday’s (June 21) unanimous (9-0) U.S. Supreme Court ruling in Alston v. National...more
6/24/2021
/ Acquisitions ,
Alston v NCAA ,
Amazon ,
Antitrust Violations ,
Athletes ,
Blockchain ,
Brand ,
Cannabidiol (CBD) oil ,
Celebrities ,
Celebrity Endorsements ,
Coca Cola ,
College Athletes ,
Colleges ,
Compensation ,
Copyright ,
Copyright Infringement ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Endorsements ,
EU ,
Federal Trade Commission (FTC) ,
Gucci ,
Intellectual Property Protection ,
Internet Streaming ,
Investors ,
MGM ,
Movies ,
Music Industry ,
Name and Likeness ,
NASCAR ,
NCAA ,
Netflix ,
Nike ,
Non-Fungible Tokens (NFTs) ,
Online Platforms ,
Partnerships ,
Popular ,
Restraint of Trade ,
Right of Publicity ,
SCOTUS ,
Sherman Act ,
Sponsorship Agreements ,
Sports ,
Student Athletes ,
Television Shows ,
Trademark Infringement ,
Trademarks ,
Universities ,
Video Games ,
Warner Music Group ,
YouTube
As we inch closer to the summer solstice here in the Northern Hemisphere (the first day of summer for those of you who were asleep in science class), the heat is not rising only on the thermometer, but also in the halls of...more
6/18/2021
/ Adidas ,
Amazon ,
Apple ,
Artists ,
Athletes ,
Brand ,
Celebrities ,
Celebrity Endorsements ,
College Athletes ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Cryptocurrency ,
Cyber Crimes ,
Endorsements ,
Entertainment Industry ,
ESPN ,
Influencers ,
Intellectual Property Protection ,
Investors ,
Marketing ,
MasterCard ,
Movies ,
Music Industry ,
Name and Likeness ,
NBC ,
NCAA ,
Netflix ,
Nike ,
Non-Fungible Tokens (NFTs) ,
Partnerships ,
Right of Publicity ,
Royalties ,
Sponsorship Agreements ,
Sports ,
Student Athletes ,
Television Shows ,
Travelers ,
Video Games
Less than three weeks remain for either the National Collegiate Athletic Association (NCAA) or for Congress to act to stem the impending chaos on July 1 when college athletes’ name, image and likeness (NIL) laws go into...more
6/11/2021
/ Adidas ,
Amazon ,
Artists ,
Athletes ,
Celebrities ,
Celebrity Endorsements ,
College Athletes ,
Copyright ,
Copyright Infringement ,
Cryptocurrency ,
Endorsements ,
Entertainment Industry ,
Entrepreneurs ,
Influencers ,
Intellectual Property Protection ,
Investors ,
Lions Gate Entertainment ,
McDonalds ,
Movies ,
Music Industry ,
Name and Likeness ,
NCAA ,
Netflix ,
Nike ,
Non-Fungible Tokens (NFTs) ,
Olympics ,
Right of Publicity ,
Rolling Stone ,
Social Media ,
Sony ,
Special Purpose Acquisition Companies (SPACs) ,
Sponsorship Agreements ,
Sports ,
Spotify ,
Television Shows ,
Twitter ,
Universal ,
Vimeo ,
YouTube
Athletes and entertainers are people, too. Albeit, incredibly talented people, but deserving of the same treatment with dignity and respect as how we would want ourselves to be treated. For better or worse, sometimes their...more
6/4/2021
/ Acquisitions ,
Advertising ,
Amazon ,
Art Auctions ,
Artists ,
Athletes ,
Celebrities ,
Celebrity Endorsements ,
Christies ,
College Athletes ,
Colleges ,
Copyright ,
Copyright Litigation ,
Coronavirus/COVID-19 ,
DMCA ,
Endorsements ,
Entertainment Industry ,
Financial Industry Regulatory Authority (FINRA) ,
Intellectual Property Protection ,
Investors ,
IRS ,
Marketing ,
Mergers ,
MGM ,
MLB ,
Movies ,
Music Industry ,
Music Streaming ,
Name and Likeness ,
NBA ,
NHL ,
Non-Fungible Tokens (NFTs) ,
Right of Publicity ,
Securities and Exchange Commission (SEC) ,
Sponsorship Agreements ,
Sports ,
Tax Code ,
Television Shows ,
Universities ,
Vaping
Throughout the United States, people are eagerly preparing for this Memorial Day Weekend (MDW), which marks the unofficial start of summer (not to mention those who made the ultimate sacrifice for the country). If you listen...more
5/28/2021
/ Acquisitions ,
Amazon ,
Artists ,
Athletes ,
Celebrities ,
Celebrity Endorsements ,
College Athletes ,
Copyright ,
Cryptocurrency ,
Endorsements ,
Entertainment Industry ,
Facebook ,
Intellectual Property Protection ,
Internet Streaming ,
Investors ,
Mergers ,
Movies ,
Music Industry ,
Name and Likeness ,
Netflix ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Right of Publicity ,
Royalties ,
Social Media ,
Sponsorship Agreements ,
Sports ,
Television Shows
As readers from last week will recall, we spent some time examining the notion of credibility. One week later, we’re witnessing what credibility (or lack thereof) hath wrought on our subjects. Bob Baffert? Banned from New...more
5/21/2021
/ Artificial Intelligence ,
Artists ,
Athletes ,
Basketball ,
Brand ,
Celebrities ,
Celebrity Endorsements ,
College Athletes ,
Copyright ,
Copyright Litigation ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Deep Fake ,
Endorsements ,
Entertainment Industry ,
Google ,
Intellectual Property Protection ,
Investors ,
Movies ,
Music Industry ,
Name and Likeness ,
NBA ,
NCAA ,
Nike ,
Non-Fungible Tokens (NFTs) ,
Retailers ,
Right of Publicity ,
Royalties ,
Securities Violations ,
Sponsorship Agreements ,
Sports ,
Television Shows ,
Unregistered Securities
The word of the week for this edition is “credibility.” In the courts of law and public opinion, credibility (or the quality of being trusted and believed in) is everything. Just ask famed Triple Crown horse trainer Bob...more
5/14/2021
/ Advertising ,
Artists ,
Athletes ,
Celebrities ,
Celebrity Endorsements ,
College Athletes ,
Cryptocurrency ,
Endorsements ,
Entertainment Industry ,
Intellectual Property Protection ,
Investors ,
Movies ,
Music Industry ,
Name and Likeness ,
NCAA ,
Non-Fungible Tokens (NFTs) ,
Right of Publicity ,
Royalties ,
Sponsorship Agreements ,
Sports ,
Television Shows ,
Trademarks
Hope is in the air (not to mention copious amounts of tree pollen) here in New York – and that’s to say nothing of the Knicks’ hardwood resurgence, the Giants’ highly-acclaimed moves in last week’s NFL Draft and the Yankees’...more
5/7/2021
/ Amazon ,
Artists ,
Athletes ,
Celebrities ,
Celebrity Endorsements ,
College Athletes ,
Copyright ,
Copyright Infringement ,
Cryptocurrency ,
Digital Assets ,
Digital Currency ,
E-Commerce ,
Endorsements ,
Entertainment Industry ,
Estate Planning ,
Intellectual Property Protection ,
Investors ,
Legislative Agendas ,
Movies ,
Music Industry ,
Music Streaming ,
Name and Likeness ,
NCAA ,
New Legislation ,
NFL ,
NHL ,
Non-Fungible Tokens (NFTs) ,
Payment Methods ,
Right of Publicity ,
Sellers ,
Sponsorship Agreements ,
Sports ,
Spotify ,
Student Athletes ,
Television Shows
First and foremost (and not to detract from Sir Anthony Hopkins—lest I incur the wrath of Hannibal Lecter himself), the late Chadwick Boseman should have won the Best Actor Oscar for his performance in “Ma Rainey’s Black...more
4/30/2021
/ Actors ,
Artists ,
Athletes ,
Celebrities ,
Celebrity Endorsements ,
College Athletes ,
Cryptocurrency ,
Endorsements ,
Fast-Food Industry ,
Influencers ,
Intellectual Property Protection ,
Investors ,
Music Industry ,
Name and Likeness ,
NBA ,
NCAA ,
NHL ,
Nike ,
Non-Fungible Tokens (NFTs) ,
Right of Publicity ,
Social Media ,
Sponsorship Agreements ,
Sports ,
Television
Happy Thursday and a big congratulations to the Stanford Cardinal and the Baylor Bears on their respective NCAA Women’s and Men’s Basketball Tournament wins (the latter of which helped yours truly place second in our Firm’s...more
4/9/2021
/ Arenas and Stadiums ,
Artists ,
Athletes ,
Celebrity Endorsements ,
Clorox ,
College Athletes ,
Coronavirus/COVID-19 ,
Endorsements ,
Entertainment Industry ,
Influencers ,
Instagram ,
Investors ,
Kim Kardashian ,
Misappropriation ,
Modeling ,
Music Industry ,
Name and Likeness ,
NBA ,
NCAA ,
Nike ,
Non-Fungible Tokens (NFTs) ,
Right of Publicity ,
Sexual Harassment ,
Sponsorship Agreements ,
Sports ,
Super Bowl ,
Twitter
March is over, a new month begins.
Congrats on the Final Four to the Zags, Cougars, Bears and Bruins.
Opening Day is upon us, it’s time to play ball,
And battle for the World Series title deep into the fall.
Enough setting...more
4/2/2021
/ Adidas ,
Apple ,
Art Galleries ,
Artists ,
Athletes ,
Blockchain ,
Capitol Records ,
Celebrity Endorsements ,
College Athletes ,
Consumer Confusion ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Endorsements ,
Entertainment Industry ,
Entrepreneurs ,
H&M ,
Investment Products ,
Investors ,
Likelihood of Confusion ,
Music Industry ,
Name and Likeness ,
NBA ,
NCAA ,
Nike ,
Non-Fungible Tokens (NFTs) ,
Restraining Orders ,
Right of Publicity ,
Securities and Exchange Commission (SEC) ,
Sony ,
Sponsorship Agreements ,
Sports ,
Startups ,
Student Athletes ,
Twitter ,
Warner Music Group ,
Women in Sports
Welcome back to another week in the Spotlight. It is truly remarkable to think that it has (already? only?) been one year since the World Health Organization’s declaration of the COVID-19 pandemic, shuttering sports arenas,...more
3/11/2021
/ Art ,
Art Auctions ,
Blockchain ,
Brand ,
Celebrity Endorsements ,
Christies ,
College Athletes ,
Copyright ,
Copyright Office ,
Cryptocurrency ,
Digital Media ,
Endorsements ,
Entertainment Industry ,
Influencers ,
Interim Rule ,
Investors ,
Music ,
Music Modernization Act ,
Name and Likeness ,
Non-Fungible Tokens (NFTs) ,
Reporting Requirements ,
Retail Investors ,
Right of Publicity ,
Securities and Exchange Commission (SEC) ,
Social Media ,
Special Purpose Acquisition Companies (SPACs) ,
Sponsorship Agreements ,
Sports ,
TikTok ,
Twitter ,
Unions
Greetings, and welcome to the inaugural edition of the Sports & Entertainment Spotlight series! The product of my unrequited desire for human interaction nearly one year into the COVID-19 pandemic, this weekly feature will...more
3/5/2021
/ Artists ,
Athletes ,
Blockchain ,
Brand ,
Celebrities ,
College Athletes ,
Copyright ,
Cryptocurrency ,
Digital Assets ,
Endorsements ,
Entertainment Industry ,
Football ,
Influencers ,
Initial Public Offering (IPO) ,
IP License ,
Music Industry ,
Name and Likeness ,
NCAA ,
NFL ,
Opt-Outs ,
Patent Infringement ,
Right of Publicity ,
Sports ,
Super Bowl ,
TikTok ,
Token Sales ,
Video Games
With the Super Bowl coming up, it is important for brands looking to capitalize on football-themed promotions to remember that the terms “Super Bowl” and “Super Sunday” are registered trademarks guarded by the National...more