(Podcast) The Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
The Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
PODCAST: Williams Mullen's Trending Now: An IP Podcast - NCAA Name, Image, Likeness (NIL) Update – Effects of House Settlement
Business Better Podcast Episode: Bridging Campuses: Legal Insights on Education Industry Consolidation - Intellectual Property
The Briefing: Everyone Loves the HBO Series 'White Lotus,' Except Duke University
(Podcast) The Briefing: Everyone Loves the HBO Series 'White Lotus,' Except Duke University
Business Better Podcast Episode: Bridging Campuses: Legal Insights on Education Industry Consolidation - Public Finance
Executive Actions Impact Federally Funded Research: What Institutions Should Do Now – Diagnosing Health Care Video Podcast
Business Better Podcast Episode: Bridging Campuses: Legal Insights on Education Industry Consolidation - Real Estate and Tax
Business Better Podcast Episode: Bridging Campuses: Legal Insights on Education Industry Consolidation – Mergers, Acquisitions, and Antitrust
Business Better Podcast Episode - An Introduction to Bridging Campuses: Legal Insights on Education Industry Consolidation
PODCAST: Williams Mullen's Gavels & Gowns - Enforcement on Campus: The Impact of New Immigration Priorities on Academia
House Settlement Approval — Highway to NIL Podcast
TortsCenter Podcast | Episode 6 | Fielding the Future: Title IX and NIL
NCAA Settlement Update — Highway to NIL Podcast
Title IX — Highway to NIL Podcast
Are Colleges Prepared to Classify Student-Athletes as Employees?
Serving the Diverse Needs of Children through Education Law: On Record PR
Labor Law Insider—Dartmouth Basketball Team Unionizes: The NLRB Sets a Pick for Unions
The NCAA's Response to the NIL Recruitment Injunction — Highway to NIL Podcast
In this episode of The Upper Brand, hosts Kristine Young and Rich Assmus delve into the Penn State v. Vintage Brands case, exploring the complexities of trademark use in collegiate merchandise. They discuss the legal...more
Most major universities have developed extremely lucrative business empires by exploiting the use of their trademarks and trade dress on apparel and merchandise, among other things. They have done so on the theory that the...more
School merch is big business. Students want sweats, mugs and the like to show they belong at the school. Alums want merch to show they went to the school. Other purchasers want merch as an aspirational statement, or to...more
Name, image, and likeness (NIL) deals are analogous to endorsement deals, where businesses contract with a person to promote a product or service, but "NIL deals" is typically used to refer to agreements with college student...more
On November 19th, after over three (3) years of litigation, a jury in Williamsport, Pennsylvania finally found Vintage Brand, LLC (“Vintage”) and two other defendants liable for trademark infringement for selling counterfeit...more
Do trademarks protect iconic names and imagery, or only their use as a brand identifier? This question was at the heart of a closely watched trademark trial in the Middle District of Pennsylvania, where a federal jury...more
When you see a T-shirt or hat with a recognizable, old logo on it, do you look to the current brand owner as its source? Universities and companies will often try to protect their goodwill in these images even after they have...more
A Pennsylvania federal jury ruled in favor of Pennsylvania State University, finding that Vintage Brand, an online retailer, willfully infringed on the university's trademarks. The decision marks a significant win for...more
With the recent emergence of Name Image Likeness ("NIL") compensation, alumni associations focused on raising funds to compensate student athletes have been on the rise. But alumni associations in some form or another have...more
One day, Name, Image and Likeness may pivot away from collectives and pivot toward university-based funding. At least one prominent athletic department is preparing for the possibility....more
The NCAA national men’s and women’s basketball tournaments will begin on March 17, 2024 and end with the national championship games in early April. Broadcast stations often conduct promotions tied to these tournaments...more
The Supreme Court of the United States issued four decisions today: Students for Fair Admissions v. President and Fellows of Harvard; Students for Fair Admissions v. University of North Carolina, Nos. 20-1199, 21-707:...more
On June 21, 2022, after a nearly three-year long application process, The Ohio State University registered the trademark THE. The registration of the simple three-letter word has sparked controversy, several internet jokes,...more
In our continuing "Developing a NIL policy" series, we touch on topics that colleges and universities should consider in drafting a comprehensive (and compliant) policy. In this publication, we will focus on the use of...more
“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
With a constantly evolving legal landscape, colleges, universities and independent schools encounter a vast spectrum of new topics on any given day. Pepper Hamilton's Higher Education Practice Group has created its "In Brief"...more
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. Your feedback,...more
The picture you see is of a shirt from my husband’s closet – a gift I gave him a few years ago. He is a big Ohio State Buckeyes fan, and this is sort of an inside joke for OSU football fans. The word THE superimposed on the...more
We previously posted about a four year legal battle that arose from a refusal by Iowa State University to let its school logos be used on t-shirts by an on-campus pro-cannabis group, and the free speech implications of this...more
March Madness always brings about trademark enforcement-related news. What we generally don’t see is news about a participating school submitting trademark applications while the basketball tournament takes place. ...more
A recent out-of-court settlement following an 8th Circuit decision in Gerlich v. Leath highlights some of the unique legal issues that surround the branding of products in the cannabis space. In 2012, two students at Iowa...more
The US Court of Appeals for the Eighth Circuit maintained its prior decision, holding that defendants violated the First Amendment when refusing to approve use of university trademarks on t-shirts incorporating a marijuana...more
A recent decision by the United States Court of Appeals for the Eighth Circuit serves as a cautionary reminder that once an educational institution creates a limited public forum for speech, it cannot then pick and choose...more
In Partial Trademark Victory over Chinese Sportswear Company, MJ Posterizes Unauthorized User of Chinese Version of His Name - In Game 3 of the first round of the 1991 NBA Eastern Conference playoffs between the New York...more
More than fifty years ago, the Supreme Court formalized the “state-action antitrust immunity” doctrine - a judge-made rule that certain state governmental conduct is immune from challenge under the federal antitrust laws....more