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Robert Griffin III a Perfect Example of Proactively Protecting Intellectual Property

Robert Griffin III a Perfect Example of ...

High profile athletes who are between their last game of college and their first game of professional ball would do themselves a strong service to put a competent attorney on retainer.  The earlier said athlete hires such a lawyer to start putting his business affairs in order, the more likely that athlete will profit off of his intellectual property rights for years to come. Take Robert Griffin III (RG III or RG3) for example.  Griffin played his college ball at Baylor University, where he became one of the most sought after quarterbacks in the United States and won...
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Couple Charged with Sexual Assault Gets $13.78 Million in Defamation Action

Couple Charged with Sexual Assault Gets ...

There are two big problems with filing defamation lawsuits (obviously, without looking at the facts of the various potential cases): 1) Defamation lawsuits are very difficult to win, and 2) Even if the plaintiff gets a judgment in his/her favor, the damages awarded tend to be small.  But there are always exceptions to the rule. Recently, a jury awarded $13.78 million to the plaintiffs in a defamation action filed in Texas roughly 3 years ago.  Under Texas law, the plaintiffs had to prove that there was a false statement made about them, published to a third party,...
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Your Tweets Belong to Twitter and May be Subpoenaed Without a Warrant

Your Tweets Belong to Twitter and May be...

In April 2011, I had an article titled, You May Not “Like” This Title: Everything Stored On Facebook Is Discoverable, published in the NYU Law Journal of Intellectual Property and Entertainment Law.  The premise is that enjoying the openness of Facebook may come at an unexpected cost, especially for those who do not understand how the website’s content may be used as evidence in a lawsuit. A real world example of how social media content can and will be used in lawsuits comes via a lawsuit concerning an Occupy Wall Street protester.  In New York (where a lot of...
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Football v. Football: A Comparison of Agent Regulation in France’s Ligue 1 and the NFL

Football v. Football: A Comparison of Ag...

The Pace Intellectual Property, Sports, & Entertainment Law Forum recently published its second annual publication.  There are a total of 11 articles in the most recent issue, including an article by Thomas A. Baker III, Darren A. Heitner, Jean Francois Broçard, and Kevin K. Byon titled, Football v. Football: A Comparison of Agent Regulation in France’s Ligue 1 and the National Football League.  The abstract is as follows: Baker, Heitner, Broçard and Byon, in their article Football v. Football, analyze agent regulation in the NFL and compare it to how agents are...
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Some Hope For Quashing Copyright Infringement Subpoenas

Some Hope For Quashing Copyright Infring...

Mass defendant copyright infringement cases are not rare these days.  Many movie studios (particularly adult entertainment companies) find it economical to attach a long list of John Doe defendants to their copyright infringement lawsuits.  The procedure is typically the same.  The company joins a bunch of Doe defendants, subpoenas the internet service provider(s) (ISP) to obtain the names, current and permanent addresses, telephone numbers, email addressees, and Media Access Control addresses (“MAC addresses”) of the Doe Defendants, some Doe Defendants may move to...
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Have You Purchased Your .xxx Domain Name Yet?

Have You Purchased Your .xxx Domain Name...

Have you purchased your .xxx domain yet?  I am only half joking.  Many companies (big and small) that have absolutely no relation to the pornography industry have been buying up their tradenames at the .xxx level.  They have been reserving those domains from registration (see: Walmart.xxx) so that third parties cannot scoop up the domains and take advantage of the strength of their brand names.  Even colleges are buying up .xxx domains.  And then there are legitimate pornography companies that have purchased their own names and have used generic nouns and verbs in...
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Who Owns A Tweet And How Much Is A Follower Worth?

Who Owns A Tweet And How Much Is A Follo...

How much money is a Twitter follower worth, what about the value of an individual Tweet, and who actually owns a Twitter account?  Those are a few questions that may be answered if a lawsuit that was filed on July 15, 2011 in the United States District Court Northern District of California ends up going to trial. The lawsuit was brought by a company named PhoneDog against its former employee, Noah Kravitz for the value of Kravitz’s Twitter followers.  Kravitz left PhoneDog in October 2011 after serving as a product reviewer and video blogger since April 2006....
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An Update On New Jersey’s Fight To...

Gamblers in New Jersey take note – November 8, 2011 may become a recognized holiday for you.  On that day, New Jersey voters passed a state constitutional amendment to allow sports betting at casinos and racetracks.  The measure was passed 64% to 36%.  A New Jersey Senate state government and wagering committee has already cleared enacting legislation.  New Jersey governor Chris Christie has stated that he will not have any problems signing the bill into law. What is still standing in the way?  Certainly the Professional and Amateur Sports Protection Act of...