Intellectual Property Attorney

Category: Sports

NCAA Removes Right Of Publicity Release From Agreements With Student Athletes

the NCAA has now removed the disputed release from this year’s version of the Student-Athlete Statement. It appears that the NCAA may be attempting to distance itself from the intense scrutiny that has surrounded the release since the class action lawsuit was filed. It should also be noted that a federal judge is currently deliberating as to whether the NCAA illegally restrained trade by preventing the athletes fro

Grimes LLC Founder Chuck Grimes’ Career Featured In The Connecticut Law Tribune

A recent issue of The Connecticut Law Tribune featured an in-depth look at the distinctive and exciting career of Grimes LLC’s founder and Managing Partner, Chuck Grimes. The article, which appeared on July 15, 2014, highlights Chuck’s “40-plus-year career in IP law” and notes that he “has carved out a niche for himself, specializing in character licensing at his four-lawyer boutique with offices in Connecticut, M

No “Three-Peat” This Year, But Pat Riley Continues To Profit From Trademark Rights

Perhaps one of the most famous examples of obtaining trademark protection for a catchphrase is the registration of “THREE-PEAT”. As reported by the Wall Street Journal, Pat Riley (“Riley”), former NBA player and coach, and current President of the NBA’s Miami Heat, submitted a trademark application for “THREE-PEAT” for clothing in 1988. At the time, Riley was the head coach of the NBA’s Los Angeles Lakers and the L

U.S. Patent & Trademark Office Cancels Six Of The Washington REDSKINS Football Team’s Trademark Registrations

The U.S. Patent & Trademark Office issued a decision granting a petition to cancel six trademark registrations containing the term “REDSKINS”. The decision states:[W]e decide, based on the evidence properly before us, that these registrations must be cancelled because they were disparaging to Native Americans at the respective times they were registered, in violation of Section 2(a) of the Trademark Act of 1

Update: NCAA Settles Right Of Publicity Lawsuits, But Larger Issues Remain

As reported by ESPN, the NCAA has now agreed to settle the Keller litigation and two other cases for $20 million. The $60 million total settlement, if approved by the Court, would be paid to Division I men’s basketball and Division I Bowl Subdivision football players whose images, likenesses or names were used in video games produced by E.A. Sports. While the specific criteria that will be used to distribute the se

Seattle Seahawks May Pay Dearly For Continuing To Use “12th Man” Trademark

Seahawks’ licensed use of “12TH MAN” actually serves to strengthen the trademark, because in a licensing relationship all use by the licensee typically insures to the benefit of the trademark owner. The effect of the license, however, may be that the trademark is now more strongly associated with the Seattle Seahawks as opposed to Texas A&M, at least on a national basis.

Update: E.A. Sports And Collegiate Licensing Company Reportedly Agree To Pay $40 Million To Settle Right Of Publicity Litigation

As reported by The New York Times, Electronic Arts and Collegiate Licensing Company have now agreed to settle the California lawsuit by making a payment to the former collegiate athletes. The amount of the settlement, while not disclosed in court papers, has been reported to be $40 million. The settlement does not involve the NCAA, which remains a defendant in the case and has indicated its intention to continue to