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Merchandising Rights

BakerHostetler

Your Kid as a Collectible: NIL in the Youth Sports Space

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Discussions around name, image and likeness (NIL) rights have largely revolved around the rights of college athletes to profit from the use of their NIL. As the profitability of these NIL deals continues to climb, advertisers...more

Stinson LLP

On Your Mark: Strides in Trademark Infringement on Sports Merchandising

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In the realm of sports merchandising, licensing is a significant revenue source for college and professional sports teams. Typically, sports teams do not directly produce sports merchandise; instead, they engage in exclusive...more

Kohrman Jackson & Krantz LLP

License to Infringe? Penn State Roars Over Apparel Manufacturer’s Use of Trademarks Without Permission

Collegiate merchandise licensing is a thriving and lucrative business generated by the immense popularity and widespread support for college sports teams and institutions. Universities and colleges have devoted fan bases...more

Linda Liu & Partners

Notable Points for the Use of Intellectual Property Rights and Contractual Agreements in Co-branding

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In today's extremely rich material environment, many consumers choose goods not only based on simple cost performance to decide, but are willing to pay for creativity and brand value recognition. Consumer choice trends...more

BakerHostetler

Consumers Know It Really Is a Barbie World

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Integrated Marketing Promotions: How Do Brand Tie-Ins Work? I’m a Skipper in a Barbie world. Even if the brunette little sister doesn’t make an appearance, I can’t wait to see the Barbie movie this weekend. Warner Bros....more

Arnall Golden Gregory LLP

The Pitch - April 2022

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Dorsey & Whitney LLP

Peppa Pig: Intellectual Property Infringement as a Form of Retaliatory Sanction

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To end the harm following Russia’s invasion of Ukraine on February 24, 2022, numerous forms of sanctions were imposed against the Russian government and economy. Many Western governments limited access to financial systems,...more

Morgan Lewis - Tech & Sourcing

Merchandise License Agreements

Rights holders are almost always looking for ways to monetize the intellectual property (IP) that they own or license. For owners of rights in popular logos; characters from TV shows, movies, or video games; or similar IP,...more

Dorsey & Whitney LLP

Judge Rejects Greek Freak’s Shot for Damages

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We previously wrote about a series of trademark lawsuits filed by NBA MVP and now NBA champion Giannis Antetokounmpo over the use of his nickname “Greek Freak”. Those lawsuits all contained similar allegations: that the...more

Dorsey & Whitney LLP

An Action Figure and an Instagram Post Prove Decisive in Photographer’s Copyright Suit Against Miramax

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In 1994, Firooz Zahedi was hired by Miramax to photograph the actress Uma Thurman as her character Mia Wallace in the film Pulp Fiction. Miramax paid Zahedi $10,000 for his work, used one of his photographs of Mia Wallace...more

McDermott Will & Emery

EU Commission Issues Another Fine for Restrictions on Cross-Border Licensed Merchandise Sales

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The European Commission has reiterated its position that if a business allows for the non-exclusive licensing of its products in the EEA, such licensor can no longer control where, to whom, and in what manner...more

Morgan Lewis

Legal Issues in Esports

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In 2018, the esports industry experienced remarkable growth. Poised to become the next multibillion-dollar industry, the esports industry has become a part of mainstream sports. For example, the League of Legends World...more

Knobbe Martens

No Apologies: Nirvana v. Marc Jacobs

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On December 28, 2018, Nirvana LLC filed a lawsuit against designer Marc Jacobs in the Central District of California, alleging copyright and trademark infringement. Nirvana LLC is the legal entity which controls the band...more

Hogan Lovells

Gearing up for e-sport: Seizing opportunities and tackling legal issues

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On 27 March, Partner Eugene Low and Associate Arthur Ng from our Hong Kong office gave a presentation on e-sports at a reception event organized by the Association of Corporate Counsel, Hong Kong. ...more

Perkins Coie

New Filings – January 19,2018

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Kelly v. Cameron’s Coffee and Distribution Company, No. 1816-CV00470 (Mo. Cir. Ct. – Jackson Cnty.): Putative class action asserting violations of the Missouri Merchandising Practices Act. Plaintiff alleges that Defendant...more

Robins Kaplan LLP

Jay-Z Pleads Court to Remove Him from the Spotlight

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Jay-Z does not want to be in the spotlight- at least not the spotlight of a New York federal judge. This past April, the hip-hop tycoon and Roc Nation, Jay-Z’s entertainment company, were sued by Iconix Brand Group, Inc....more

Perkins Coie

Rulings, Orders, Settlements – August 4, 2017

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Court Denies Motion to Dismiss for Non-Functional Slack-Fill Class Action - White v. Just Born, Inc., No. 2:17-cv-4025 (W.D. Mo.): The Court issued an order denying Defendant’s motion to dismiss this putative...more

Coblentz Patch Duffy & Bass

Influencer Marketing: Best Practices for Advertisers & Agencies

Influencer marketing saw explosive growth in 2016, with 86% of marketers having used the tactic, 94% of whom found it effective. In 2016, most marketers spent between $25,000 to $50,000 per influencer marketing program, which...more

Lathrop GPM

New Political Climate May Lead to Class Action Changes

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The election of a Republican President, along with a Republican U.S. Congress, and the election of a Republican Missouri Governor, combined with a Republican state legislature, are all spurring potential changes on the...more

Stinson LLP

MMPA Watch - Advertising Puffery Found Non-Actionable in Hurst v. Nissan

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The Missouri Court of Appeals recently overturned a jury verdict under the Missouri Merchandising Practices Act (MMPA) against Nissan North America, Inc., arising out statements made by Nissan in the advertising and promotion...more

Stoel Rives LLP

NCAA Dodges Judicial Bullet in Federal Case Challenging Amateurism Rules

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As a lifelong Boise State University fan, and gamer who pre-ordered the EA Sports NCAA Football 2008 game (with Jared Zabransky on the cover), I was probably more excited than your average legal beagle to read last week’s...more

Latham & Watkins LLP

Will PE Start to Play in the Premier League?

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English Premier League football clubs may start to look more attractive for investment following the League’s £5.14 billion live broadcasting deal with Sky and BT. The deal, for three years from the 2016-17 season, marks a...more

Patterson Belknap Webb & Tyler LLP

Ninth Circuit Hears Oral Argument in O’Bannon v. NCAA

On March 17, 2015, a Ninth Circuit panel consisting of Chief Judge Sidley R. Thomas, Circuit Judge Jay S. Bybee and Senior U.S. District Judge Gordon J. Quist, of the Western District of Michigan heard oral argument in...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Good(s) Intentions – What's Enough to Establish Bona Fide Intent to Use?

When used effectively, brand and merchandise licensing can increase the value of a brand by extending it into new, relevant product categories and by further monetizing brand equity. And when seeking to protect a brand in...more

Patterson Belknap Webb & Tyler LLP

“Free Sherlock” Litigation Raises Specter of Antitrust Liability for Distributors Cooperating With Intellectual Property Owners

Leslie Klinger, noted Sherlock Holmes scholar and lawyer, has waged a nearly all-out legal offensive against the Estate of Arthur Conan Doyle over the Estate’s assertion of a copyright in connection with certain works...more

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