This week, the City of Cleveland (the City) and the State of Ohio (the State) took several key actions in the battle to prevent the Cleveland Browns from relocating to a domed facility in Brook Park, Ohio. On January 14,...more
On November 22, 2024, NFL star Baker Mayfield, his wife Emily Mayfield, and their business entity Team BRM, LLC (collectively, “Plaintiffs”), filed a lawsuit in the United States District Court, Western District of Texas,...more
A new exemption to the Digital Millennium Copyright Act (DMCA) allows McDonald’s employees, franchise owners, and others to fix McDonald’s often out-of-order ice cream machines. Prior to this exemption, most McDonald’s ice...more
A recent lawsuit in Texas highlights the challenges social media influencers face in protecting their intellectual property. Sydney Nicole Gifford, a well-known influencer, claims that Alyssa Sheil copied her “vibe,” –...more
12/19/2024
/ Advertising ,
Copyright Infringement ,
Influencers ,
Intellectual Property Protection ,
Misappropriation ,
Personal Brands ,
Social Media ,
Tortious Interference ,
Trade Dress ,
Unfair Competition ,
Unfair Trade Practices Act ,
Unjust Enrichment
On October 24, 2024, the Cleveland Browns filed a preemptive lawsuit in the United States District Court, Northern District of Ohio, seeking a declaratory judgment to strike down Ohio’s “Modell Law” as unconstitutional. Such...more
Earlier this week, the financial services company Robinhood, which caters to retail investors, rolled out its derivative market for trading on the outcome of the upcoming United States presidential election. These trades are...more
As Amazon maintains its chokehold on ecommerce sales, the United States Product Safety Commission (CPSC) is attempting to reclassify Amazon as a distributor of goods. If successful, this would expose Amazon to liability for...more
On May 21st, Jaden Rashada, a former top college football prospect, filed a lawsuit against prominent figures associated with the University of Florida (UF) football program, including UF coach Billy Napier, because of a...more
Liquor permits in Ohio are issued and regulated by the Ohio Division of Liquor Control (the ODLC), which operates under the Ohio Department of Commerce. Liquor licenses allow individuals and businesses to legally produce,...more
The NCAA imposes eligibility requirements for incoming freshmen that must be fulfilled before a student enters college. Determining whether you or your child has met the requirements for NCAA eligibility can be a complex but...more
The Federal Trade Commission (FTC) has reinforced its aggressive stance on enforcing antitrust laws by filing a federal lawsuit against Amazon on September 26, 2023. Seventeen other states have also joined in this legal...more
In the ever-evolving landscape of ecommerce, businesses often face challenges maintaining control over distribution, preserving brand integrity and complying with antitrust laws. Two key aspects that arise in this context are...more
The intersection of free speech and private business branding is once again in front of the Supreme Court of the United States. On June 5th, the Supreme Court decided to hear Vidal v. Elster, Case 22-704, an appeal from the...more
8/4/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Disparagement ,
First Amendment ,
Free Speech ,
Iancu v. Brunetti ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Matal v Tam ,
SCOTUS ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO ,
Written Consent
E-commerce juggernaut Amazon continues to grapple with an issue that has plagued its platform—false reviews. Whether a false review is fabricated, biased, or does not genuinely reflect the experiences or opinions of...more
7/19/2023
/ Amazon Marketplace ,
Bad Actors ,
Consumer Protection Act ,
Customers ,
E-Commerce ,
Fake Reviews ,
Internet Retailers ,
Online Platforms ,
Retail Market ,
Sellers ,
Websites
Creative expression through the sale of parody-based dog toys has recently caught the attention of the United States Supreme Court. On March 22, 2023, the Supreme Court listened to arguments to decide whether dog toys modeled...more
So, you’ve identified a party infringing on your brand’s intellectual property rights, and in response, you issue a cease-and-desist letter to the infringer. What you say in that letter is just as important as how you say it....more
As Spring comes into bloom, brands should begin planning and preparing for the not-so-far-off holiday season. Right now, a brand has approximately six months to strengthen its presence in ecommerce marketplaces until the...more
The NCAA Division I Transformation Committee is a group commissioned by the NCAA Division I Board of Directors to lead “modernization” efforts following issuance of the NCAA’s new constitution. Their report, published and...more
On March 1, 2023, the NCAA officially welcomed its ninth president, Charlie Baker. The 66-year-old former governor of Massachusetts and private-sector CEO breaks the typical mold of college administrators at the helm of the...more
On Aug. 16, 2022, President Biden signed into law the Inflation Reduction Act of 2022 (the Act), which allocates over $369 billion in funding for clean energy, energy-efficiency and other eco-friendly technology (CleanTech)...more
This week, President Biden will be presented with an approved form of H.R. 4346, the CHIPS for America Act of 2022, which is designed to provide over $50 billion in appropriations aimed at driving massive industrial growth...more
Last week, just days ahead of the March 11 funding deadline, President Biden signed into law a $1.5 trillion Omnibus budget, the Consolidated Appropriations Act of 2022, to fund federal agencies for the rest of the year....more
3/18/2022
/ Biden Administration ,
Critical Infrastructure Sectors ,
Domestic Policy ,
Federal Funding ,
Federal Procurement Systems ,
Innovative Technology ,
Made in the USA ,
New Legislation ,
Research and Development ,
Semiconductors ,
Startups ,
Supply Chain