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...
View ArticleStudent-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...
View ArticleDecision 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...
View ArticleEA 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...
View ArticleStudent-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...
View ArticleConstitutional 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...
View ArticleRespondents 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...
View ArticleSarver 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...
View ArticlePlayers 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...
View ArticleNinth 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...
View ArticleSupreme 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...
View ArticleNCAA 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...
View ArticleProfessors 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...
View ArticleStudent 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...
View ArticleSupreme 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...
View ArticleCopyright 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...
View ArticleStudent-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...
View ArticleDecision 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...
View ArticleEA 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...
View ArticleStudent-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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