America’s Favorite Pastime: Adding up the Stats for a Fantasy Success




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Favorite Pastime: Adding up the Stats for a Fantasy Success



As pitchers prepare to report to training
camp, America’s favorite pastime is gearing up for the 2010 season.  While players begin competing and vying for a
coveted spot on the team roster, many Americans participating in fantasy
baseball leagues are preparing to draft their own “dream team.”  Each year fantasy baseball leagues gain more
attention and participation, with an average of 29.9 million active users
spending over $800 million dollars directly on fantasy sports products as well
as $3 billion of sporting goods. [1] Within this lucrative field, the Major
League Baseball Association (“MLB”) as well
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Failure to Communicate

I. Introduction

The development of the Internet has led to exponential growth in the amount of information available to any one person. With the Internet, entire new market sectors have sprung up almost overnight. The Internet has (for many) made our lives more convenient –  one can make many, if not all, purchase online, access the news and weather reports, plan a vacation, work from home, communicate with friends and family, and access a plethora of information that would otherwise be unavailable to them – with the Internet the possibilities are almost limitless. Bearing this in mind, researchers, businessmen, and consumers are constantly searching for ways to better utilize the Internet for their own benefit. The desires of the various demographics seeking to better utilize the Internet are not always inline, and are in fact often in competition with one another.

Prime examples of the competing interests can be Read the rest

MR. ME TOO[1]: Are We Going to Pay Artist For Radio Play of Their Songs?

By: Brittany A. Estell

I. Introduction

On October 24, 2009 the Black Entertainment and Sports Lawyer Association (BESLA) hosted a seminar [2] titled “Give the Drummer Some: The Legislative Beat on Performance Royalties and Copyrights for Artists.” [3]  The panel was comprised of supporters and a proponent of HR 848: The Performance Right Act.  In general, supporters, Michael J. Huppe Jr. Esq. and Kendall Minter Esq., argued that performers should get a percentage/royalty from radio stations depending on how much profit they make a year. [4]  In contrast, the proponent, Skip Finley, argued that record labels and artists are gaining free marking and promotion of artist by putting them on the radio; therefore, artists should not receive payment for play on the radio. [5]  This article discusses the Performance Rights Act, which is in the legislature process and has been passed through the Senate Judiciary Committee October 15, 2009. [6]  Read the rest

Intellectual Property Rights: The Last Barrier to International Free Trade

 I. Introduction

The world today is highly technologically advanced in that works of art, literature, designs and other goods are highly digitalized.[1] Whereas in previous generations, trade agreements dealt in hard goods that could be accounted for and of which value was readily determined, the commodities of today are digital and informational.[2] These intangible goods are harder to track and almost impossible to value. As such, the goal of international free trade is being impeded by the reluctance of certain companies to invest overseas either directly in new upcoming firms or through trading of patented information.[3]

Some nations are reluctant to stringently enforce, or even create, laws for the protection of intellectual property rights. These nations argue that protection of intellectual property rights through patents and copyrights would raise market prices to a level near a monopolistic environment.[4] The belief is that an innovative foreign company will not pay royalties Read the rest

Knock-off the Knockoffs: The Fight Against Trademark and Copyright Infringement


Gucci, Fendi, Prada, Coach; Designers most individuals know, but few can afford.  Yet, despite their high prices, countless individuals sport these designer labels on a daily basis.  Chances are however, the majority of these ‘designer duds’, including sunglasses, handbags, electronics, and even drugs, are not authentic.  Over the past few years, this knockoff fetish has become increasingly popular throughout the world, especially with the recent economic downfall.  With a high demand for these items and popular acceptance of this act, few consumers consider the illegality and danger of owning and supporting these unlawful products. 

Throughout this article, the reader will discover the legal process of product copyright and trademark infringement and how counterfeit items directly hinder intellectual property laws.  Additionally, the reader’s awareness of the trouble that these items create within not only the United States, but also worldwide, as well as recommendations … Read the rest

Protecting “The Progress of Science and Useful Arts.”

I. Introduction


Patents have recently received a great deal of attention as tradable commodities, attracting the attention of several hedge funds, and giving rise to investment firms that specialize in patent acquisition.[1][2] This aspect is not unanticipated, and in fact is on its face congruent with the original means for attaining the goals behind patent law – “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” [3] The idea behind providing this protection is simple: encourage innovation by giving the innovator certain property rights and protections under the law which in turn encourages market participation.[4] The ability to monetize innovation is the means by which the U.S. Constitution proposed to incentivize the research and distribution of innovations. Nowhere else has this been more relevant than in the “Technology Read the rest

Marvel and Disney: A Merger with Character

I.  Introduction

On August 31, 2009, The Walt Disney Company (“Disney”) and Marvel Entertainment, Inc. (“Marvel”) entered into a merger agreement in which Disney would acquire Marvel. [ 1 ] At this time, it is up to debate whether the acquisition is a horizontal, vertical, or conglomerate/lateral transaction. Both Disney and Marvel are involved in a very broad range of products and services, but both companies center their business models on intangibles, particularly characters. As a result, much of Disney and Marvel’s business revolves around intellectual property. Unlike the products of technological and software companies, the intellectual property rights created by Disney and Marvel are less concrete but more versatile, and decidedly harder to enforce. As such, this article will consider the nature of characters as property rights, particularly those of Disney and Marvel, as they relate to the Department of Justice (“DoJ”) and Federal Trade Commission (“FTC”) Merger Guidelines … Read the rest

Chipping Away at the RIAA’s “Making Available” Theory of Copyright Infringement

I.    Introduction

On September 8, 2003, the Recording Industry Association of America
(RIAA) filed copyright infringement lawsuits against 261 individuals
for sharing songs on peer-to-peer (P2P) networks.[1]  In the five years
since, the RIAA has sued, settled, or threatened litigation against
over 30,000 Americans for alleged violations of the Digital Millennium
Copyright Act.[2]  These actions have attracted a great deal of public
attention, largely due to the fact that the suits have hit very close
to home for many Americans.  Unlike prior lawsuits, which targeted
software programs such as Napster and Grokster, this new chapter in the
file-sharing saga has focused on ordinary people.[3]  The targets of
the RIAA’s legal claims run the spectrum of everyday people who are not
typically the subjects of copyright actions, including children,
parents, grandparents, single mothers, professors, and college

The RIAA’s strategic offensive against music consumers has spurred a
firestorm of debate

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The Obama “Celebrity” Ad and the Right of Publicity

I. Introduction

With the 2008 presidential campaign expected to break spending
records, it is no surprise that both major political parties are
flooding swing-state airwaves with television advertisements.  While
recent elections have produced the much-discussed "swift boat" and "3
a.m." commercials, the McCain campaign took a unique approach with the
summer release of the so-called Barack Obama "celebrity" ad.[1] In
response to the enthusiasm generated by large U.S. and European crowds
at Obama's public appearances, the McCain campaign featured images of
Britney Spears and Paris Hilton in an ad that characterized Obama as
"the biggest celebrity in the world."[2]  Such unauthorized use of
celebrity images in political advertisements has been the subject of
recent debate, as any potential legal actions implicate the tension
between the right of publicity and the First Amendment.

II. Principles of the Right of Publicity

The right of publicity, sometimes referred to as misappropriation,

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Seagate Files Patent Infringement Lawsuit Against Competitor

I.     Introduction
        In response to increasing market pressure on their core business, Seagate Technologies is asserting a handful of its patents against manufacturers of flash memory-based solid state drives (SSDs) products.  Seagate Technology is currently the world’s largest manufacturer of hard-disk drives (HDDs), but lags behind several competitors in the SSD market.  [1]  On Monday, April 14th, Seagate Technology filed a patent infringement lawsuit against STEC.  The lawsuit, filed in the US District Court for the Northern District of California, alleges infringement of four Seagate patents.   [2]  Industry commentators believe that Seagate’s lawsuit is a result of increasing market pressure on their core business, which competes directly with that of STEC.  By filing an infringement lawsuit now, Seagate opens several options for itself in the face of a potential collapse in sales for its major products.   

        In recent years, SSDs have made

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