In the latest development from the antitrust class-action lawsuit filed against the NCAA regarding potential compensation allegedly denied to student-athletes, Judge Claudia Wilken of the U.S. District Court for the Northern...more
The landscape of college sports is undergoing rapid transition, driven by significant changes such as the advent and growth of name, image, and likeness (NIL) rights for college athletes and the House v. NCAA proposed...more
The possibility of colleges directly compensating student-athletes for the use of their name, image, and likeness (NIL) is edging closer to fruition. The NCAA’s NIL Working Group recently proposed rule changes related to NIL...more
University of North Carolina women’s tennis standout Reese Brantmeier has filed a class action complaint in the U.S. District Court for the Middle District of North Carolina alleging that the NCAA imposed “arbitrary and...more
In the ever-evolving landscape of intellectual property law, a new federal bill has emerged to address the unique challenges faced by golf course designers and architects.
The Bolstering Intellectual Rights against...more
3/15/2024
/ Architects ,
Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Ownership ,
Design Patent ,
Golf Courses ,
Infringement ,
Intellectual Property Protection ,
New Legislation ,
Proposed Legislation ,
The Copyright Act
A new federal bill aims to put golf courses on “par” with other architectural designs by expanding federal copyright protection to golf courses. Copyright law in the United States, rooted in the U.S. Constitution, ensures...more
3/5/2024
/ Architects ,
Authorship ,
Copyright ,
Copyright Ownership ,
Design Patent ,
Golf Courses ,
Intellectual Property Protection ,
New Legislation ,
Popular ,
Proposed Legislation ,
The Copyright Act
Sports and antitrust might seem an odd couple at first glance. In truth, however, the two are not only related but deeply entwined in American law. Indeed, professional baseball as we know it exists largely thanks to a 1922...more
On Thursday, January 18, 2024, the House Subcommittee on Innovation, Data, and Commerce held a hearing on collegiate name, image, and likeness (NIL). The witness list included NCAA President Charlie Baker, UCLA football...more
Nick Saban's retirement wasn't the sole focus of this week's headlines in college sports. In the realm of name, image, and likeness (NIL), the NCAA Division I Council took significant steps in reforming collegiate NIL rules...more
Is Travis Kelce’s newfound status as Taylor Swift’s boyfriend enough to meet the United States Patent and Trademark Office’s (USPTO) “acquired distinctiveness” standard? He plans to find out with the help of Time Person of...more
As the clock winds down in the fourth quarter, the NCAA is turning to Congress, hoping for a game-changing Hail Mary pass. On Tuesday October 17, 2023, the Senate Judiciary Committee held a hearing on collegiate name, image,...more
In a recent development, on September 22, 2023, a federal judge took a significant step by certifying an injunctive relief class comprising of at least 184,000 college athletes. This decision paves the way for the House v....more
In just over two years since the inception of college Name, Image, and Likeness (NIL) rights, a groundbreaking lawsuit has emerged, alleging a violation of Florida’s NIL laws. On September 1, 2023, Gervon Dexter Sr., a former...more
A trio of senators have joined the list of federal lawmakers circulating drafts of federal college name, image, and likeness (NIL) bills. This time, Sens. Richard Blumenthal (D-CT), Jerry Moran (R-KS), and Cory Booker (D-NJ)...more
7/26/2023
/ College Athletes ,
Colleges ,
Compensation ,
Educational Institutions ,
Name and Likeness ,
NCAA ,
Proposed Legislation ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Oversight ,
State and Local Government ,
Universities
Earlier this month, prominent figures in the realm of college sports gathered on Capitol Hill to advocate for federal name, image, and likeness (NIL) legislation. Currently, one NIL bill has been introduced in the House, and...more
6/21/2023
/ College Athletes ,
Colleges ,
Compensation ,
Educational Institutions ,
Legislative Agendas ,
Name and Likeness ,
NCAA ,
Proposed Legislation ,
Regulatory Agenda ,
Reporting Requirements ,
State and Local Government ,
Student Athletes ,
Universities
A sneak peek into the potential future of federal name, image, and likeness (NIL) regulations has emerged with the release of a draft bill. This development marks the first significant step towards a federal NIL law since the...more
The NIL arms race continues as states amend their name, image, and likeness (NIL) laws to gain a competitive advantage. The new trend is to allow colleges and universities within the state to be more involved in the NIL...more
5/4/2023
/ College Athletes ,
Colleges ,
Enforcement ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Legislative Vetoes ,
Name and Likeness ,
NCAA ,
New Legislation ,
State and Local Government ,
State Legislatures ,
Student Athletes ,
Universities
On March 29, 2023, Congress held a hearing on collegiate name, image, and likeness (NIL) issues in collegiate sports. The hearing comes a little over a month after the NCAA issued its first ruling in an NIL infractions case...more
On February 16, 2023, Florida Gov. Ron DeSantis signed HB 7B, which makes several amendments to Florida’s name, image, and likeness (NIL) law, adding Florida to the growing list of states loosening prior state NIL...more
3/22/2023
/ Amended Legislation ,
Amended Regulation ,
College Athletes ,
Colleges ,
Florida ,
Governor DeSantis ,
Infractions ,
Investigations ,
Name and Likeness ,
NCAA ,
New Legislation ,
Penalties ,
Universities
Just under two years after the Supreme Court’s landmark decision in National Collegiate Athletic Association v. Shawne Alston, et al., which opened the door for college athletes to be compensated for the use of their name,...more
While still relatively new, the laws and rule changes allowing college athletes to profit from use of their name, image, and likeness (NIL) have already had dramatic impacts on the landscape of college athletics. On June 30,...more
On March 11, 2021, the American Rescue Plan Act (“ARPA”) was signed into law and established the Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Fund, which together make up the Coronavirus State...more
College athletes across the country are now able to make money off the use of their name, image, and likeness (NIL). This is true for athletes regardless of whether they are located in a state that has passed NIL legislation....more
Email scams used to be relatively easy to spot. They often came from obviously sketchy email addresses and were fraught with misspellings and odd requests for money or information. However, scams have become increasingly more...more
The relationship between the cannabis industry and intellectual property laws in the United States is unique and complicated, in many ways mirroring the nation’s collective views on the cannabis plant. This is unfortunate, in...more
8/7/2020
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Dietary Supplements ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Intellectual Property Protection ,
Popular ,
Trademark Application ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO