By Alec Winshel In November 2023, the Supreme Court heard oral arguments in Vidal v. Elster. Their coming opinion will be the high court’s latest pronouncement on the relationship between trademark law and the First Amendment’s free speech protections. In my view, the Supreme Court should use Vidal v. Elster to clarify that trademarks are […]
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
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
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
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
This post is one article in a two-part series on NFTs. Read along to learn more about how NFTs work and where they’re leaving a mark in the arts, entertainment, and sports industries. Then, read our next installment, which covers in more depth the legal implications of the proliferation of NFTs. Trading cards are in
Electronic Arts (EA) CEO Andrew Wilson recently expressed interest in bringing back the once-popular NCAA Football video game franchise, if the legal framework governing college athletics changes in such a way that would permit its existence. Wilson made the comments at the WSJ Tech Live conference in California, favorably citing a newly signed California law
On Tuesday, Frederick Zaccheo, founder of the non-profit charity The Dinosaur Project, filed suit against the creators of Jurassic Park: Fallen Kingdom in the Southern District of New York. Zaccheo alleges that Universal City Studios and Amblin Entertainment committed breach of contract and trademark infringement relating to their use of the phrase SAVE THE DINOS in the
Pharrell Williams has sent President Donald Trump a cease-and-desist letter for playing his song, ‘Happy’, without authorization at a rally. The move comes in the wake of the tragic shooting at the Tree of Life Synagogue in Pittsburgh. The letter penned by Williams’ lawyer, Howard King, states that “on the day of the mass murder of 11
Kylie Jenner and her makeup company Kylie Cosmetics have both faced a number of lawsuits in the past few years, and the latest one comes from indie makeup company Sheree Cosmetics. Kylie Cosmetics recently launched a new line of products called “Born to Sparkle.” Sheree Cosmetics brings forth the claim that they already had a
Vogue Magazine’s parent company, Advance Magazine Publishers Inc., wants to take Black Vogue founder Nareasha Willis to court. On September 28, Advance filed a claim at the United States District Court for the Southern District of New York against 26 year-old Willis, claiming that Willis’ Black Vogue design of the word “Vogue” uses Vogue’s “well-known font
