Publicity Rights in Major College Sports Telecasts: To Whom Do They Belong?

“Whether Division I student-athletes hold any ownership rights in their athletic performances does not depend on the scope of broadcasters’ First Amendment rights but, rather, on whether the student-athletes themselves validly transferred their rights of publicity to another party.” – U.S. District Judge Claudia Wilken, Pre-Trial Ruling In Marshall v. ESPN, NCAA student-athletes are testing just how much clout Judge Wilkin’s words have. The suit, which is primarily a right of publicity claim.. Read More

A ®ose By Any Other Name

A successful trademark can provide more than just brand recognition or notoriety. In fact, Forbes reports that the 10 most valuable trademarks have a collective worth of over $300 billion. That figure is greater than the GDP of all but the 44 wealthiest countries in the world. Clearly that little ® can mean something, but as renowned economist Christopher Wallace notes, “more money regularly entails more problems.” Even the mere pursuit of the.. Read More