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Commentary, Highlight

Free Speech is a Funny Thing: Jack Daniel’s Properties v. VIP Products Narrows First Amendment Protections for Trademark Usage

Image Courtesy of Foodie Factor/Pixabay By Alec Winshel In Jack Daniel’s Properties, Inc. v. VIP Products LLC, the Supreme Court held that the First Amendment does not protect use of another’s trademark as a signifier of one’s own product. Trademarks are words or symbols that identify a seller’s goods and distinguish them from others in

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Commentary, Highlight, Updates

Authors File Complaint Against OpenAI for Copyright Infringement

By: Alec Winshel Last month, Mona Awad and Paul Tremblay filed a lawsuit against OpenAI for infringement of their works. The complaint is another in a series of cases filed by Matthew Butterick and the Joseph Saveri Law Firm that mount legal challenges against companies developing AI-powered large language models. These models, often referred to as LLMs, are algorithms that

Commentary

All I Want for Christmas is Full Damages for Copyright Infringement

By: Daniel Imakyure• Introduction In June 2022, Andy Stone, a.k.a. Vince Vance, brought a copyright infringement action in the US District Court of the Eastern District of Louisiana against singer Mariah Carey, producer Walter Afanasieff, and Sony Music Entertainment.[1]  Stone alleged that Carey’s record-breaking[2] holiday standard “All I Want for Christmas is You,” released on

Commentary

States Can Use Advertising and Consumer Protection Law to Avoid Rolling the Dice with Online Sports Betting

By: Brandon McCoy             Prior to Super Bowl Sunday, one of the most popular gambling days of the year, Massachusetts opened sportsbooks in its three brick-and-mortar casinos: Encore Boston Harbor, MGM Springfield, and Plainridge Park Casino. The state joined 32 others and the District of Columbia in offering sports betting, either online or in person.

Commentary

Supreme Court Considers the Future of Copyright’s Fair Use Doctrine

By: Alec Winshel On October 12th, the Supreme Court heard oral arguments in the case of The Andy Warhol Foundation for the Visual Arts Inc v. Goldsmith. Litigants traded arguments scrutinizing the boundaries of artistic license while Justices lobbed hypotheticals that probed the nature of book-to-film adaptations and the boundless creative implications of color. The

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Volume 13, Issue 2 is now live!

The Harvard Journal of Sports and Entertainment Law is thrilled to share that Volume 13, Issue 2 is now live. The Issue begins with an essay from Professor Irene Calboli and Vera Sevastianova on the impact of the ongoing Russo-Ukraine conflict on fashion and trademark law. From there, this Issue of JSEL features four scholarly

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Volume 13, Issue 1 is now live!

The Harvard Journal of Sports and Entertainment Law is delighted to share that Volume 13, Issue 1 is now live. The Issue begins with a Foreword from Pepperdine Law Professor Maureen Weston on athlete mental health and the law. Professor Weston tragically lost her son Cedric Halloran last year, and Co-Editors-in-Chief Erin Savoie and Eli

Sponsor Articles, Updates

Proskauer – Three Point Shot Newsletter

To read this article as originally published on Proskauer’s website, click here. December 2021 Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. Your feedback, thoughts and comments on the content

Commentary

Dawn of the Dead: Virtual Avatars & New York’s Right of Publicity

By: Dhruva Krishna   I. Virtual Avatars: Lazarus to Luke Skywalker, Deepfakes to Dystopia Virtual avatars are digital recreations of an individual or their performance. Entertainers now regularly appear in all forms of media as virtual avatars–in video games, as holograms, and as younger versions of themselves in film. COVID-19 has increased the prominence of

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