Benjamin Riesenberg is a former Garvey Schubert Barer legal extern who worked out of the firm’s New York office. He was a law student at Brooklyn Law School.
As the popularity of fantasy sports grows, so do the legal issues surrounding the industry. The main legal challenges facing fantasy sports have been centered on the issue of whether pay-to-play fantasy sports contests constitute illegal gambling. In 2006, Congress passed The Unlawful Internet Gambling Enforcement Act (“UIGEA”), which created certain guidelines for fantasy sports. For a pay-to-play fantasy sports contest to be legal under the UIGEA, the fantasy sports game must have a result that is predominantly based on the knowledge of participants as opposed to mere chance.
Eugene T. Lee, Of Counsel to the Sports and Entertainment practice group of Garvey Schubert Barer and a widely recognized and respected industry expert on NFL player contracts, salary cap, the collective bargaining agreement and athlete branding, has released a book titled “My Brother’s Keeper: Above & Beyond ‘The Dotted Line’ With the NFL’s Most Ethical Agent.”
The book delves into the lives of NFL players at different stages in their careers – from college to the pros, to life after the game. From the locker rooms into the homes of potential and current clients, Eugene brings to view what it takes to keep the dreams of players alive. Eugene also gives insight into how he conducts his business with the same integrity and faith by which he lives. Even though he is touted by some as a real-life “Jerry Maguire,” his unique, multi-faceted approach and charisma makes him an exciting and fascinating luminary to watch in this industry.
From meeting his first clients on the basketball courts at Notre Dame, Mr. Lee has represented over thirty-five NFL players over the past decade. From his work for his NFL clients, Mr. Lee has gained a vast understanding and in-depth knowledge of the legal aspects of NFL player representation including the drafting and negotiation of player contracts, injury settlements and endorsement and sponsorship agreements.
To purchase a copy of this book, please click here: http://tinyurl.com/nfq3zlf
We have written in the past about patents in the entertainment field, such as one received by the entertainer Michael Jackson for a shoe for his moonwalking. Patents in the entertainment field can also be directed to devices related to musical instruments, such as tuners or supports, or even new ways of recording. But as the Internet and mobile devices have become more prolific, uses of the Internet and mobile devices lend themselves to new entertainment-related ideas and implementations. Generally, these ideas and implementations have been related to music artists, but these technological developments lend themselves to improvements for fans as well.
Kristyn Fields is a former Garvey Schubert Barer legal extern who worked out of the firm's New York office. She was a law student at Brooklyn Law School.
Since the Aereo case, the debate over whether online television services should be regulated in the same way that cable providers are rages on in California federal court, with the recent case against the streaming service FilmOn X (“FilmOn”). FilmOn is facing copyright infringement claims from television networks and countering those claims by asserting that it is eligible for the same compulsory license as other broadcast providers. On July 16, 2015, Judge George Wu agreed with FilmOn’s defense, ruling that the company should be treated as a traditional cable provider and is entitled to a Section 111 compulsory license.
Descending into the atrium of the tower bearing his name, Donald Trump prepared to announce his candidacy for president. Blaring above the reporters’ din, Neil Young’s ferociously populist 1989 “Rockin’ in the Free World” ripped through the speakers.
The content of Trump’s announcement raised hackles in at least two countries. Among the incensed was Young himself—icon of the anti-war movement and avowed Bernie Sanders supporter—who had not consented to Trump’s use of his famous rock anthem.
As boyfriends, girlfriends and the curious-the-world-over google “how to get to the dark web” and “Ashley Madison” in order to find the data dump the Impact Group unleashed on the “dark web” late Monday night, we thought it was a good time to remind the teams that service entertainers and athletes what they can do when your client’s private moments find their way to the very public Internet.
Sports gear is constantly being improved. Athletes and others, such as trainers, spend a considerable amount of time with equipment and are often the sources of new ideas and gear. But with the advent of smart phones, casual athletes can envision new services related to sports, and one of these ideas recently resulted in a granted patent.
Back in the olden days of last year, there was no particular reason for entertainment industry players to be particularly interested in the actual administration of the Internet, unless they were just curious. Now, it benefits every brand owner to understand and pay attention to the basics of how new domain names come into being, who selects them and how they become public.
As anticipated, the Trademark Trial and Appeal Board ("TTAB") decision of June 2014 cancelling six trademark registrations for the Washington Redskins team was appealed by Pro Football, Inc. In August 2014, Pro Football, Inc. filed a lawsuit in federal court against the five Native Americans involved in pursuing the TTAB cancellation in an effort to try to overturn the TTAB's holding that the term “Redskins” is offensive to Native Americans and thus is not eligible for trademark registration under the federal Lanham Act. Section 2(a) of the Lanham Act prohibits protection for terms that “may disparage” or bring people into contempt or disrepute. 15 USC §1052; TMEP §1203. On July 8, 2015, the US District Court for the Eastern District of Virginia ruled against Pro Football, Inc., affirming the TTAB's ruling that the REDSKINS marks do disparage Native Americans and that such a decision is not unconstitutional.
A New York federal judge recently ruled in Adjmi v. DLT Entertainment Ltd., 1:14-cv-00568 (United States District Court, S.D. New York, 2015) that the off-Broadway play “3C” was a permissible parody of the classic 1970s TV comedy “Three’s Company.”
The Sports, Arts and Entertainment Group at Garvey Schubert Barer provides full service legal representation on sports, entertainment and business matters, including handling transactions related to brand management, licensing, joint ventures, venture capital, private equity, technology, the Internet and new media.