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From the Sedalia Democrat: The Smith-Cotton High School band had to abandon new t-shirts that showed a monkey evolving into a man--you've undoubtedly seen that image. The difference here was that the various iterations of the figures each carried a... Posted on November 20, 2009 at 01:08 pm by Media Law Prof

The West Virginia Supreme Court has held that a judge's personal emails that are not otherwise related to his or her official duties are not subject to the state's Freedom of Information Act. The Associated Press had requested disclosure under... Posted on November 20, 2009 at 10:13 am by Media Law Prof

Robert A. Kahn, University of St. Thomas School of Law (Minnesota) has published "Flemming Rose, the Danish Cartoon Controversy, and the New European Freedom of Speech," as U. of St. Thomas Legal Studies Research Paper No. 09-24. Here is the... Posted on November 20, 2009 at 07:34 am by Media Law Prof

In interviews on the sidelines of the MLS Cup over the weekend, MLS Commissioner Don Garber confirmed what many felt was obvious following the last expansion round: Montreal is the likely destination for the 19th MLS city. Entry into Montreal isn't likely until 2012, but Montreal must first get a stadium built. ARTICLEURL Potential owner Joey Saputo, owner of the NHL Ottawa Senators, has a second division team playing in 15,000 seat Saputo Stadium. He and MLS are working on a stadium renovation... Posted on November 23, 2009 at 06:30 am

It almost took an act of Congress. The NFL has long ignored the implication of concussions suffered by its players. In addition, the current medical system of the league whereby it is the team doctor who certifies to the coach and GM that a player is ready to play is so filled with obvious conflicts of interest that it's a wonder that the NFLPA ever agreed to it. NARTICLEURL Fast forward to six weeks ago, a study sponsored by the NFL is released which finds that Alzheimer's and other cognitive... Posted on November 23, 2009 at 05:17 am

As we all know, sports has been particularly hard hit by the Great Recession as companies slash marketing budgets, fans are pressed to come up with cash for the ever increasing ticket prices, and TV ratings for most sports are tanking as narrowcasting takes holds. One of the worst hit sports is the LPGA, which has undergone a player revolt leading to the departure of Carolyn Bivens, and the exodus of sponsors, resulting in singnificant holes in the tour schedule. The reality of the new... Posted on November 21, 2009 at 06:03 am

by Tamera H. Bennett Once again, my thanks to entertainment attorney Gordon Firemark for asking me to co-host the Entertainment Law Update Podcast. Episode 6 is available for downloading here. Make sure to take a look at the show notes, which I have summarized below. Noonan v. Staples - Jury: Truthful E-Mail Sent About Fired Staples Manager [...] Posted on November 17, 2009 at 09:34 am by ipandentertainmentlaw

by Tamera H. Bennett Does a pair of plastic slip on shoes purchased for $29.99 bring to mind a luxury automobile priced at $51,000? Me neither. But, did you know Porsche is in the shoe business? Me Neither. The parent company for the Porsche auto-maker sued the maker of the slip on shoes in Germany in July [...] Posted on November 12, 2009 at 02:24 pm by ipandentertainmentlaw

posted November 6, 2009 Texas based music lawyer Tamera H. Bennett will join music industry veterans, James Griffen, Kim Guggenheim, Jim Hillegass, Andrew Schuon, and Owen J. Sloane, Jr. , in Beverly Hills on November 19 to discuss "The Music Industry's Response to Piracy: Intervention or Innovation." Posted on November 6, 2009 at 01:43 pm by ipandentertainmentlaw

I think even attorneys can safely agree there are few things as tedious and by the numbers as serving legal papers on someone. In the US notice for legally binding instruments is fundamental, ancient, and sacrosanct. And few things in the law require as much religious devotion in practice. Hence in the US, most states have notice provisions that impose some kind of registered mail requirement. This approach is time honored for a reason. With American society moving from apple pie to sci-fi,... Posted on December 25, 2008 at 12:08 pm by Kaiser

For the would be ecommerce startup in this next round of net startups, sometimes PayPal isn't going to cut it for the "look and feel" of a pro. So you may want to take a look at the PCI Compliance Guide. This is a best practices and compliance guide that has been adopted in the US (and founded by the credit card bigwigs) for credit card merchant services. As with most of the major net battle fronts this was motivated by privacy and identity theft concerns. Hence when choosing a credit card... Posted on December 23, 2008 at 02:01 pm by Kaiser

Facebook is a serious marketplace for brands looking to capitalize on the productivity lost by your employer, while you post your Monday bender pics at work. But let's face it, you're not going to fall for the ol' tell me about your product and its benefits routine. You want a new fangled, post-modern ad that nary bares a trademark, but cleverly enables you further mug the nation's GDP by wasting time in your cubicle. Enter the Facebook "app." These Facebook platform widgets are small footprint... Posted on November 27, 2008 at 02:13 pm by Kaiser

Set to be the most successful video game of all time (according to press releases anyway), Activision paired up with retailers like Game Stop and Best Buy to ensure that shelves were fully stocked for stores open late to receive the throngs of gamers vying to be among the first to claim the latest version of its earlier hit Call of Duty, "Call of Duty: Modern Warfare 2". If what analysts have been saying has any truth to it, this game should pull in upwards of $700 million U.S. dollars by the... Posted on November 18, 2009 at 12:29 pm

Folks in Russia weren't impressed with a scene in Call of Duty: Modern Warfare 2 where a Russian terror cell shoots up an airport full of civilians. After threats of government bans or recalls, Activision has reportedly decided to remove the offensive scene from the Russian version of the game. Russia has no formal ratings board for video games, so the approach to game review in Russia is different. Equally effective, though, it would appear... Gamasutra coverage here. Bookmarks: Delicious,... Posted on November 18, 2009 at 05:01 am

It has been reported that the class-action lawsuit opposing Take-Two and its shareholders has now been settled for $20 million. The dispute allegedly began when it was discovered that a sexual minigame hidden in the code of Grand Theft Auto: San Andreas could be unlocked by a downloaded hack. This discovery reportedly lead to the game being re-rated to "Adults Only", to copies being removed from store shelves and to a drop in stock price for the company. The scandal was allegedly named "Hot... Posted on October 26, 2009 at 08:39 am

Here is an article about Jeremy Tyler in which our friend Sonny Vacarro is quoted. Tyler is a junior in high school who will forego his senior year in high school to earn money playing professional basketball in Europe. After his first year, logic would hold that he should be eligible for the NBA draft, like the European kids who pursue the same path. But the NBA eligibility rules have a curious wrinkle that treats American kids differently than European kids and he will not be eligible until... Posted on April 27, 2009 at 07:54 am

In a remarkable Opinion, the Iowa Supreme Court declared unconstitutional that state's ban on gay marriage. You can read the Opinion here. Alan Milstein Posted on April 9, 2009 at 11:20 am

/**/ Here is an intersting post from NBA.com on Brandon Jennings and our friend Sonny Vacarro: Alan Milstein Jennings mounts a quiet revolution while Madness reigns By Vincent Thomas, for NBA.com Posted Mar 27 2009 10:31AM Instead of helping the resilient Arizona Wildcats maim the No. 1 seeded Louisville Cardinals on Friday, my favorite teenage ballplayer and best pro prospect will be toiling somewhere in the Mediterranean, which, in March basketball terms, is no different than floating in the... Posted on March 30, 2009 at 08:59 am

Just this past week, a Congressional subcommittee held a hearing on the recent Starcaps decision out of the Eighth Circuit. (I wrote about that decision here, and not all that favorably.) To refresh your recollection, the court decision allowed two NFL players, both named Williams and both playing defensive tackle for the Minnesota Vikings, to assert claims for damages against the NFL in state court. The players argued that the NFL's anti-doping policy violates Minnesota state law governing... Posted on November 6, 2009 at 11:37 am by TSLP

The recurring drama of the National Football League season is off to a great start, except for the part where my beloved Patriots took it on the chin last week against the hated Jets. Looming over all the optimism of a new season is the much-anticipated labor crisis that threatens a return to the strike-filled era of the late part of the last century, an era in which sports unions flexed their young muscles against entrenched management interests. All football fans are hoping for an... Posted on September 21, 2009 at 08:35 am by TSLP

By the title of this entry I don't mean my final word. I'm referring to the very recent decision of the U.S. Court of Appeals for the Third Circuit, which decision most likely comprises the final word of the federal judiciary on Delaware's planned sports lottery. Here's the link to the court's opinion. I've complained previously about the unnecessary haste with which this court decided to resolve this important legal issue. If this decision stands, as most likely it will, then it represents the... Posted on September 2, 2009 at 09:31 am by TSLP

Quebec Court of Appeal rules that "skeletal" outline of TV show concept does not obtain copyright protection Posted on August 8, 2008 at 07:21 pm by Lon Sobel

German horror film banned over cannibal's personality rights Posted on August 8, 2008 at 07:14 pm by Lon Sobel

Spanking result for Max Mosley (in UK privacy case) "Burn baby burn, disco inferno": UK filesharers to feel the heat Posted on August 8, 2008 at 06:59 pm by Lon Sobel

This was a good week. I hope it was a good week for everyone else. Now that Friday is almost ending, I hope everyone has some kind of relaxing weekend plans. Even if that means just letting your brain rest after a long week of work. (I know many of you out there had that.) Can I share some music with you? I have been listening to and digging Raul Midon a lot lately. Yes, certainly, the classics of my playlist are R.E.M., Paul Simon, Tori Amos, The Clarks, Charlotte Martin, and Marvin Gaye. They... Posted on November 13, 2009 at 09:00 am by Anthony Verna

It has been a busy, busy two weeks here. Yes, the Yankees won the World Series, defeating my Phillies 4 games to 2. I also did go to Game Four with my father and my sister. Family baseball fun in. . . November. We all wore lots of layers of clothing. It was cold and chilly with the wind whipping around the upper tiers of Citizens Bank Park. (I drove to Philadelphia for the weekend.) It was a wonderful game, with Phillies third baseman Pedro Feliz hitting a game-tying home run in the bottom of... Posted on November 6, 2009 at 04:37 am by Anthony Verna

Good evening! My Phillies are in the World Series. AGAIN! The Angels just defeated the Yankees to force a return to New York - my current home. But you never give up your teams. So I stay with my Phillies, and we have lots of Philadelphians here in New York making it big in the big city, so I never have home that far away. *** Another week means it is time for another announcement. Text "avernalaw" to 50500 and you will receive my electronic business card. Do it right now if you are in the... Posted on October 22, 2009 at 04:36 pm by Anthony Verna

Local governments can breathe a sigh of relief today, at least with respect to proposed federal cable franchising reforms. Yesterday's changes in the legislature will create an uphill fight for telephone companies on "shall issue" franchising proposals - but the... Posted on November 8, 2006 at 03:05 pm

Cable companies have been announcing some really strong financial results for the third quarter. Many cable execs are attributing the results to synergies created through cable's emerging "triple play" - the ability to sell cable, voice and high speed Internet... Posted on November 7, 2006 at 12:01 pm

Yesterday, the Court of Appeals for the State of Oregon held that Comcast's "Mandatory and Binding Arbitration" clause was unenforceable under Oregon state law. The court's analysis, however, could well be applied by other state courts. AT&T included mandatory arbitration... Posted on November 2, 2006 at 12:48 pm

Sports lawyers in Taiwan must be having a field day with the most recent allegations of game-fixing and gambling. According to the article, a team has cut two players, and now plans to sue them for their role in the baseball game-fixing scam. Apparently, this is not just an instance of a few rogue players going too far with a gambling scheme. The saga gets even murkier, according to the article: Prosecutors yesterday summoned three additional Bears players - pitcher Hsu Wen-hsiung and... Posted on November 23, 2009 at 03:41 am by Jason B. Wolf

We have blogged about it before, and we'll blog about it again. The NFL concussion problem is not going away. Leonard Shapiro, a retired sports writer who is in the NFL Hall of Fame, recently put together a chilling story about a retired player who is taking medication to stave off Alzheimer's. Shapiro's article does a stellar job of encapsulating the entire NFL debate about concussions when he summarizes the NFL's response to a study released earlier this fall about concussions. The study... Posted on November 22, 2009 at 04:41 am by Jason B. Wolf

Everyone has an opinion about baseball sports agent Scott Boras. People either love him or hate him. One thing that Boras does well is drive up the price for his players. This benefits all major league baseball players, and their agents, because he makes more money available. Owners' complaints about Boras are well-documented: He is a hold-up artist who artificially inflates salaries to the point where baseball is on the verge of a permanent disparity between the large- and small-market teams.... Posted on November 21, 2009 at 03:00 am by Jason B. Wolf

Welding Servs. v. Forman, 2008 U.S. App. LEXIS 24402 (11th Cir. Ga. Dec. 2, 2008) NOTICE: SEE FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 WHICH GOVERN CITATION TO UNPUBLISHED OPINIONS. The District Court entered a summary judgment in favor of the defendant/appellee and ordered the plaintiff/appellant to pay attorneys fees. The court of appeals examined whether the district court abused its discretion when awarding attorneys fees to the defendant/appellee. In awarding attorneys fees to the... Posted on November 13, 2009 at 02:49 am by Emily Patricia Graham, Esq.

United States v. Penton, 2008 U.S. App. LEXIS 25373 (11th Cir. Fla. Dec. 17, 2008) NOTICE: SEE FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 WHICH GOVERN CITATION TO UNPUBLISHED OPINIONS. The Defendant appealed from a judgment that found him in violation of 18 U.S.C.S. &#xc2&#xa7 2320(a), the Trademark Counterfeiting Act. The defendant was caught when an undercover officer went to his shop and purchased cigar boxes that looked similar to trademarked "Cuban" cigar boxes. The defendant contended that... Posted on November 9, 2009 at 05:28 am by Emily Patricia Graham, Esq.

St. Luke's Cataract & Laser Inst., P.A. v. Sanderson, 573 F.3d 1186, 1193 (11th Cir. Fla. 2009). At trial, Plaintiff St. Luke's sued Dr. Sanderson and his LLC, alleging that Dr. Sanderson made unauthorized use of the domain names laserspecialist.com and lasereyelid.com, and the website the LaserSpecialist.com to promote his practice after he had resigned from practicing with St. Luke's. The jury found for Dr. Sanderson on a copyright infringement claim, but for St. Luke's on claims of... Posted on November 2, 2009 at 01:56 am by Emily Patricia Graham, Esq.

Zak Jensen has been named as a defendant in a wrongful death lawsuit filed in Minnesota state court. The suit involves an altercation that Jensen had with 20-year-old Josh Gunderson in Mexico during a spring break trip in March 2009 when Jensen was serving as a bodyguard. Jensen traveled to Puerto Vallarta with Gunderson and 19-year-old Ashley Jones. At some point, while the three were sharing a room, Gunderson allegedly tried to kiss Jones while she was in bed and Jensen pulled him off. From... Posted on October 31, 2009 at 11:55 am

A high school in Blue Springs Missouri is being sued because some students began MMA-style fighting in the gym when their scheduled wrestling practice was canceled. (Video of some of the fights that allegedly occurred that day is available here.) Predictably, one student was injured and his family is now suing the school, its superintendent, its athletic director, the head wrestling coach, and an assistant coach who was allegedly present when the fights took place. According to the Kansas City... Posted on October 21, 2009 at 03:54 pm

We thought we'd have to wait until UFC 104 on October 24th to see new footage of a Josh Neer fight, but authorities just released the video of Neer's arrest that followed his alcohol-induced high speed chase on New Year's Eve. Although Neer received a suspended sentence back in April, the footage remains relevant because Neer is contemplating a lawsuit for police brutality. "The Dentist's" thinking was clearly not rational that night, but the police report stating that force was necessary to... Posted on October 2, 2009 at 07:46 pm

On September 9, 2009, a federal judge in Maine agreed with retailers, marketers, and media companies that the recently enacted Maine law "An Act To Prevent Predatory Marketing Practices Against Minors" is likely unconstitutional. Nonetheless, the judge dismissed the challenge to the Act on the ground that the state Attorney General does not intend to enforce it. The Act, which became effective on September 12, 2009, broadly prohibits the collection, receipt, and use of personal information and... Posted on September 15, 2009 at 01:01 pm

Successful athlete endorsements can enhance consumer recognition of a brand and increase the relative perceived value of the products being endorsed. But securing a high-profile endorsement often requires lengthy negotiation and certainly comes at a high cost of entry. For example, Nike reportedly paid Tiger Woods over twenty million dollars for his endorsement, and Peyton Manning reportedly raked in over thirteen million dollars from endorsement deals with Sprint, MasterCard, Gatorade and... Posted on April 23, 2009 at 01:52 pm

On Feb. 20, 2009 the 9th Circuit Court of Appeals struck down a California law banning the sale or rental of "violent video games" to minors and requiring such games to be labeled "18" (the legal age for adults). While this decision may surprise some California lawmakers and parents, its holding is fully consistent with substantial U.S. Supreme Court precedent entitling minors to a signifi cant measure of First Amendment protection, and leaving parents with the duty to supervise "appropriate"... Posted on April 10, 2009 at 06:50 am

Saiu a decis&#xc3&#xa3o sobre o site Pirate Bay. Algumas fontes de dados. http://oglobo.globo.com/tecnologia/mat/2009/04/17/fundadores-do-pirate-bay-sao-condenados-prisao-na-suecia-755321336.asp http://idgnow.uol.com.br/internet/2009/04/17/responsaveis-pelo-the-pirate-bay-sao-considerados-culpados-em-processo/ http://portalexame.abril.com.br/agencias/reuters/reuters-tecnologia/detail/acusados-caso-pirate-bay-sao-condenados-1-ano-cadeia-359135.shtml... Posted on April 17, 2009 at 10:39 am by dirceusr

Grupo de Estudos em Direito do Entretenimento e Direito Desportivo Ap&#xc3&#xb3s anos de debate, o Minist&#xc3&#xa9rio da Cultura recentemente levou &#xc3 consulta p&#xc3&#xbablica um projeto de altera&#xc3&#xa7&#xc3&#xa3o dos mecanismos de incentivo &#xc3 cultura, com a revoga&#xc3&#xa7&#xc3&#xa3o da Lei 8313/91, mais conhecida como Lei Rouanet. Este projeto prev&#xc3&#xaa a cria&#xc3&#xa7&#xc3&#xa3o de um novo mecanismo jur&#xc3&#xaddico, com maior [...] Posted on April 7, 2009 at 12:40 pm by dirceusr

Est&#xc3&#xa1 acontendo uma nova chamada para os interessados em ciberativismo : Hoje &#xc3&#xa9 comemorado o dia da Rep&#xc3&#xbablica e &#xc3&#xa9 uma boa oportunidade para exercermos nosso direito constitucional de livre express&#xc3&#xa3o, protestando em favor da liberdade e da privacidade contra o vigilantismo crescente que se aproxima da Internet brasileira. O Xo Censura est&#xc3&#xa1 organizando este debate. &#xc3&#x89 [...] Posted on November 15, 2008 at 05:58 am by dirceusr