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Federal Court in Tennessee rejects student-athletes' right of publicity claim...

Monday, June 8, 2015 - 10:00amIn June of 2015, a district court in Tennessee rejected a class action claim by student-athletes that their rights of publicity were being violated by the broadcast of...

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Student-Athletes Lose Right of Publicity Claim for Licensed Use of NCAA...

Saturday, March 7, 2015 - 10:00amOn March 6, 2015, a district court in California held that the student-athletes claims against T3Media for its Paya.com website were preempted by copyright law.  The...

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Decision in O'Bannon v. NCAA Provides Right of Publicity Edge to the NCAA

Monday, October 5, 2015 - 12:15pmThe Ninth Circuit’s decision last week upholding the application of antitrust laws to the NCAA, has several implications for student-athletes and their rights of...

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EA Files Cert. Petition in Davis v. Electronic Arts

Tuesday, October 6, 2015 - 7:45pmOn Monday, EA filed a Petition seeking Supreme Court review in Davis v. Electronic Arts, 775 F.3d 1172 (9th Cir. 2015).  The video game maker asks the Supreme Court to...

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Student-Athletes File Appeal in Marshall v. ESPN

Thursday, October 15, 2015 - 10:45amThe student-athlete plaintiffs in Marshall have filed their opening brief in their appeal to the Sixth Circuit.  The Tennessee district court had earlier rejected...

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Constitutional Law and Intellectual Property Law Professors Call on Supreme...

Wednesday, November 4, 2015 - 1:45pmProfessor Eugene Volokh (UCLA) and I filed a brief today in support of granting certiorari in Davis v. Electronic Arts. The brief was signed on to by many leading...

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Respondents File Brief in Supreme Court in Davis v. Electronic Arts

Tuesday, December 8, 2015 - 2:30pmMichael Davis and the other retired football players who sued Electronic Arts for the use of their identities in Madden NFL filed their opposition brief today in the...

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Sarver Tells Ninth Circuit – Hey, Don’t Forget About Me!

Wednesday, December 9, 2015 - 2:45pmIn a letter filed this week in the Ninth Circuit, Sarver’s attorney reminds the Ninth Circuit that this case, which was argued on May 9, 2013, still has not been...

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Players Associations File Brief Supporting Reversal in Maloney

Friday, December 11, 2015 - 10:45amEarlier this week the NFL, MLB, NHL and MLS players associations filed an amicus brief supporting the NCAA student-athletes' appeal from a decision that held that...

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Ninth Circuit Tosses Hurt Locker Case

Wednesday, February 17, 2016 - 1:30pmToday the Ninth Circuit finally decidedSarver v. Chartier. The court affirmed the district court’s holding that the alleged use of Sergeant Jeffrey Sarver’s...

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Supreme Court Denies Review of Davis v. Electronic Arts

Monday, March 21, 2016 - 9:45amThis morning the Supreme Court denied certiorari in Davis v. Electronic Arts, Inc.  This case from the Ninth Circuit rejected a First Amendment defense to right of...

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NCAA Petitions Supreme Court to Protect Uses of Athletes' Names & Likenesses

Tuesday, May 24, 2016 - 9:15amLast week, the NCAA filed a petition for certiorari with the Supreme Court in O'Bannon v. NCAA.  The bulk of the petition seeks to overrule the Ninth Circuit's decision...

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Professors File Brief Supporting Review of O'Bannon and Fixing Right of...

Monday, June 20, 2016 - 9:30amLast week I filed an amicus brief co-authored by Eugene Volokh and signed on to by 28 Constitutional Law and Intellectual Property Law professors supporting the petition...

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Student Athletes Lose Sixth Circuit Appeal in Marshall v. ESPN

Thursday, August 18, 2016 - 10:30amYesterday, the Sixth Circuit Court of Appeals issued a short opinion affirming a Tennesse district court's dismissal of claims by student-athletes.Lead plaintiff...

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Supreme Court Punts on O'Bannon v. NCAA

Wednesday, October 5, 2016 - 1:45pmOn Monday, the Supreme Court denied the petition for certiorari in O'Bannon v. NCAA, a Ninth Circuit decision from September 2015. The decision upheld the application...

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Copyright Law Blocks Student-Athlete Suit over Sale of Game Photos

Wednesday, April 5, 2017 - 8:00pmToday, the Ninth Circuit held in Maloney v. T3 Media that former collegiate athletes’ right of publicity claims arising out of the licensing of their photos by T3 Media...

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Student-Athletes Lose Right of Publicity Claim for Licensed Use of NCAA...

By Jennifer E. RothmanSaturday, March 7, 2015 - 10:00amOn March 6, 2015, a district court in California held that the student-athletes claims against T3Media for its Paya.com website were preempted by...

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Decision in O'Bannon v. NCAA Provides Right of Publicity Edge to the NCAA

By Jennifer E. RothmanMonday, October 5, 2015 - 12:15pmThe Ninth Circuit’s decision last week upholding the application of antitrust laws to the NCAA, has several implications for student-athletes and...

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EA Files Cert. Petition in Davis v. Electronic Arts

By Jennifer E. RothmanTuesday, October 6, 2015 - 7:45pmOn Monday, EA filed a Petition seeking Supreme Court review in Davis v. Electronic Arts, 775 F.3d 1172 (9th Cir. 2015).  The video game maker asks...

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Student-Athletes File Appeal in Marshall v. ESPN

By Jennifer E. RothmanThursday, October 15, 2015 - 10:45amThe student-athlete plaintiffs in Marshall have filed their opening brief in their appeal to the Sixth Circuit.  The Tennessee district court...

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