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Texas Decision on Daily Fantasy Sports
Last month Ken Paxton, Texas Attorney General, declared daily fantasy sports a form of illegal gambling in Texas. With this announcement Paxton joins the increasing number of attorney generals (NY, IL, VT) across the nation that have declared war against popular fantasy sports sites like FanDuel and DraftKings. Paxton claims the daily fantasy leagues are distinct from traditional fantasy leagues where “there is no house that takes a cut.” Further, Paxtonargues, “Texas law only requires partial chance for something to be gambling; it does not require that chance predominate.” Daily fantasy leagues have countered Paxton’s announcement claiming that fantasy leagues are […]
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Even Football Isn’t Immune from Uncle Sam
Millions of Americans tuned in to watch the Denver Broncos emerge victorious over the Carolina Panthers in Super Bowl 50 and many of those millions also placed bets on the “Big Game.” For all those who won money gambling on the game, the IRS wants its cut of your earnings. The Sixteenth Amendment states that “Congress shall have power to lay and collect taxes on incomes, from whatever source derived” and money earned through gambling and sports betting constitutes income. When it comes to reporting winnings from informal pools, the government depends on people reporting such income through their own volition. […]
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NFL Partnering with USADA to Investigate Peyton Manning
While Peyton Manning may have played his last game in the NFL last Sunday as he led the Broncos to a win over the Carolina Panthers in the Super Bowl, he has one more obstacle before he cements his legacy and place in the Football Hall of Fame. The NFL has partnered with the U.S. Anti-Doping Agency (USADA) to help them investigate allegations that Manning used human growth hormone (HGH) in 2011 after dealing with a neck injury. Manning welcomes the investigation, calling the allegation “completely fabricated, complete trash, garbage.” The USADA’s involvement adds a degree of legitimacy, but the NFL […]
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Batmobile Copyright Case Races Towards Supreme Court
According to the Hollywood Reporter, Mark Towle recently petitioned the Supreme Court following an unfavorable decision from the 9th Circuit regarding his dispute with DC Comics. The dispute involves the iconic crime-fighting vehicle, the “Batmobile,” from the 1960s TV Show and 1989 movie, “Batman.” Until he was sued and enjoined, Towle, a mechanic from California, made and sold replicas of the Batmobile for $90,000 each. DC Comics alleged that the Batmobile is copyrightable, and the cars are substantially similar to the original automobile. Before the 9th Circuit, Towle argued that the useful objects doctrine, part and parcel to the idea-expression distinction, […]
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Chinese Censorship Laws: Coming Soon To a Theatre Near You
In an extremely savvy and strategic business move, Wang Jianlin, the richest man in China, is set to purchase a controlling share in American movie studio Legendary Entertainment. Valued at $3.5 billion, the buyout has been described as “China’s largest cross-border cultural acquisition to date,” and is intended to expand and strength ties between China, the world’s fastest growing movie market, and Hollywood. Mr. Wang currently owns Dalian Wanda, an international media conglomerate that already has a majority stake in both China’s largest theatre chain and AMC Entertainment, the second largest cineplex in the US. By acquiring Legendary, Mr. Wang will […]
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Call of Duty’s Lawyers Called to Duty in French Court
According to the BBC, the children of late Angolan rebel leader, Jonas Savimbi, are suing the makers of Call of Duty in France for €1 million in damages for his “rather unfavorable” depiction in the best-selling video game. Call of Duty: Black Ops 2, the video game at the heart of the suit, features a virtual Savimbi yelling phrases calling for the death of his rivals and rallying his troops to brutishly terrorize civilians. Savimbi’s children argue that this is an entirely unrealistic depiction of their father while COD’s makers argue that the game portrays the former rebel as a “good […]
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@Chanel v. @ChanelOfficial
According to mtv.com, Chanel, the iconic haute couture fashion house, is currently engaging in a war of rights for the Instagram handle “@Chanel.” The fashion conglomerate has had to resort to using the mouthful “@ChanelOfficial” rather than the much sleeker “@Chanel” handle for its Instagram account because @Chanel is currently being used by a 20 year old Canadian woman. Canadian Chanel joined the photo-sharing social network as @Chanel in 2011, three years prior to the fashion house, thereby giving her the rights to the sought after handle. While the fashion house is notoriously litigious about its trademarks and was successfully able […]
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Criminals on Ice?
By stepping onto the ice at a hockey game, players are not consenting to acts of extreme violence, at least according to Canadian court. A Quebec judge has awarded a plaintiff $8 million in damages after a hit from behind paralyzed the player back in 2010. The judge stated that players are entitled to the expectation that other players will reasonably avoid gestures likely to cause prejudice. Traditionally, there have been criminal remedies for on-ice violence, but civil suits have been unsuccessful. It will be interesting to see if U.S. courts evolve similarly as attitudes surrounding on-ice violence change. For more […]
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Johnny Football Facing Criminal Charges
The career of Heisman trophy winner and Texas A&M all-star quarterback, Johnny Manziel, continues in a downward spiral since being relegated to the third string for the Cleveland Browns at the end of this last season. Despite his promising talent, his history of alcohol abuse and videos of his raucous partying in Texas on a bye week have plagued his progress and tarnished his legacy. This past week, however, Manziel was charged with assaulting his former girlfriend, Colleen Crowley, outside of a night club near Dallas, Texas. Manziel’s girlfriend alleges on an affidavit that while fearing for her life, Manziel forced […]
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“Happy Birthday” Suit Settled for $14 Million
This past Monday, Warner Music agreed to pay $14 million dollars to end its lawsuit involving the rights to the song “Happy Birthday to You.” Back in 2014, a film producer and two New York music producers filed the class action lawsuit after paying exorbitant licensing fees for use of the popular song. One plaintiff, Jennifer Nelson, was asked to pay $1,500 to use the song in her documentary about the history of “Happy Birthday.” Some plaintiffs allegedly paid up to six-figures to use the song. In September, a federal judge concluded that Warner had not properly acquired rights to […]
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YouTube Brothers’ Trademark Claims Provoke Angry Reaction
A popular YouTube channel called “The Fine Bros” is under fire this week following an announcement regarding the company’s intellectual property. The channel and its two founding brothers rocketed to fame after creating a series of reaction videos, including “Kids React” and “Elders React.” The Fine Bros have over 13 million subscribers and the channel boasts over 3 billion total views. This week, according to the BBC, the Fine Bros announced that they had registered for a trademark in the word REACT under “entertainment services, namely, providing an on-going series of programs and webisodes via the Internet in the field of observing […]