Posts Tagged: "nfl"

Stan Honey’s advances in sports graphics technology are outlined in the patent for which he was inducted into the National Inventors Hall of Fame. U.S. Patent No. 6141060, titled Method and Apparatus for Adding a Graphic Indication of a First Down to a Live Video of a Football Game, issued October 31st, 2000, covers a method for adding a graphic indication of a first down to a live video of a football game by receiving an indication of a location on a football field corresponding to said first down, sensing first field of view data using field of view sensors that don’t use pattern recognition, determining a first position in the live video corresponding to the first down location at a first time, creating a first graphic of a line in real time for the live video and adding the first graphic to the live video based on the first position.

Whether Ryan Fitzpatrick opposes or otherwise challenges Minkah Fitzpatrick’s registration of FitzMagic, one has to question the wisdom of seeking a trademark that NFL fans will associate with someone other than the trademark owner. “That defeats the entire point of a trademark,” said Gene Quinn, founder of IPWatchdog.com. “Trademarks are supposed to set you apart and specifically identify the source, this just seems guaranteed to cause confusion if the USPTO issues the trademark. Not a smart business move.”

As of 2012, one in five adults in the United States have at least one tattoo.  While some designs are simple, many are incredibly complex, original works of art.  However, since tattoos are designed to be permanent, and often placed to be seen, the question arises – who owns the copyright to that artwork? And how can, and can’t, the owner display it? Unfortunately, there are no cases to date that definitively answer the questions around copyright infringement and tattoos.  With a new case filed by a tattoo artist in April 2018, concerning a tattoo he placed on WWE wrestler Randy Orton, which appeared in the WWE 2K16, 2K17 and 2K18 video games, it is important to determine what we do know about whether tattoos can be copyrighted, and who owns what rights with regard to their use and reproduction.

On Thursday, April 24th, I attended a Sports Industry briefing and cocktail reception in honor of World IP day.   The program was sponsored by the U.S. Chamber of Commerce Global Innovation Policy Center (GIPC) and International Trademark Association (INTA). The program featured a panel of policymakers, including US Intellectual Property Enforcement Coordinator, Vishal Amin, and Congressional Trademark Caucus Co-Chairs, Senator Chris Coons and Senator Chuck Grassley as well as Attorneys who represent the MLB, NBA, NFL, NHL, and IMG College Licensing.

Of all of the things NFL quarterback Tom Brady has been accused of ruining over the years, the internet is not necessarily at the top of the list, and certainly not based on an alleged copyright infringement that he had no part in perpetuating. Yet, a photograph of him and Danny Ainge, the general manager of the Boston Celtics, could in fact forever change the internet and online publishing as we know it.

The Supreme Court heard oral argument on the cloudy Wednesday morning of January 18, 2017. Although the Justices posed tough questions and intricate hypotheticals to both sides, the tone of each Justice’s questions and their individual jurisprudences indicate an even 4-4 split, with Justices Breyer, Ginsberg, Kagan, and Sotomayor favoring the USPTO, and Justices Alito, Kennedy, Thomas, and Chief Justice Roberts favoring Tam. Of course, oral argument is often shaky, at best, when predicting the outcome of a case, especially one with such potential for a drastic overhaul of a body of law… Although no one can know for certain the outcome of Lee v. Tam, one consequence that appears very likely is that, if the Court does rule in favor Tam, it would strike the entirety of Section 2(a), not just the portion prohibiting disparaging marks that forms the central issue of the case. John C. Connell, counsel for Tam, went so far as to call that result “inevitable” in response to Justice Ginsberg’s question on the topic.

On the menu this week for Other Barks & Bites… Video game systems developed by Nintendo and Sony are targeted in a patent infringement suit filed in Delaware federal court. The infamous scan-to-email patent giving rise to the patent troll debate has finally been invalidated at the Federal Circuit. A multi-billion dollar copyright suits between two American tech giants gets new life from Oracle. California’s state legislature moves to create trademark protections for marijuana products at the state level, circumventing federal restrictions on such trademarks. And Zillow gets hit with a copyright infringement verdict.

On December 6th, 2016, the USPTO registered U.S. Trademark Registration No. 5095619, which protects the use of the standard character mark “PERFECT SEASON” in commerce. One week later on December 13th, the USPTO registered U.S. Trademark Registration No. 5100521, which protects the use of the standard character mark “19-0” in commerce… And trademarks only exist so long as they remain in use, so to keep the 19-0 registration the Patriots will have to use it in commerce or risk it going abandoned. So it will be interesting to see how the Patriots continue to use 19-0, or if they continue to use 19-0.

On the menu this week for Other Barks & Bites, the Supreme Court hears oral arguments in a case challenging the Lanham Act’s disparagement provision, a six-figure damages verdict goes in favor of former USPTO Deputy Director Russell Slifer, a TTAB petition is filed to challenge the trademark application for an NFL franchise currently in the relocation process, an announcement by a Japanese academic-industry research project that claims to have doubled the effectiveness of solar cell panel conversion rates, the FTC takes action against a pharmaceutical company and much more.

Not only are these two young men rising NFL stars who look as though they will have very promising careers; they’re also intellectual property owners. An Associated Press report published last August identified both Dak and Zeke as among a growing group of young sports professionals who have applied for trademark registration of character marks involving their names or nicknames. Prescott is still currently in the process of obtaining a trademark from the U.S. Patent and Trademark Office for U.S. Trademark Serial No. 86467076. This application seeks to register a standard character mark for “DAK ATTACK” in two classes, trademark class 25 for clothing and trademark class 41 for education and entertainment services.

Misspellings, $20 for a $200 jersey, encouraging use of Western Union wire transfers, and no visible mention of being officially licensed NFL merchandise should raise at least some suspicions… Chinese production of counterfeit NFL jerseys and other sports apparel has also attracted the attention of domestic crime rings looking to make money from unsuspecting consumers, many of whom are purchasing a low-quality product compared to the officially licensed version.

Based on the question presented in Lee v. Tam, the Supreme Court made clear that its grant of review is only as to the disparagement provision in Section 2(a) of the Lanham Act, 15 U.S.C. 1052(a), but the outcome of this case will affect the other types of marks excluded by Section 2(a), such as marks that may be viewed as immoral or scandalous. Indeed, in a footnote in its en banc decision the Federal Circuit “recognized…that other portions of § 2 may likewise constitute government regulation of expression based on message, such as the exclusions of immoral or scandalous marks….”

On August 20th, the Oakland Raiders filed three trademark applications with the USPTO for standard character marks on “Las Vegas Raiders,” suggesting the team is very serious about relocating to Las Vegas in the near future. U.S. Trademark Application No. 87145341 would protect the use of Las Vegas Raiders on football helmets, downloadable software and electronic guides related to football, jewelry, trading cards and other souvenir items. U.S. Trademark Application No. 87145339 would protect the use of Las Vegas Raiders for the conducting of professional football games, football fan club services, sports and entertainment information provided via cable or satellite as well as live shows featuring football competitions. U.S. Trademark Application No. 87145331 would protect the use of Las Vegas Raiders on a variety of clothing items, including jerseys, caps, visors, earmuffs, T-shirts, sweaters, gloves and scarves.

The harder and more unbreakable the helmet the better it is to protect from a cosmetic standpoint, but the more likely the helmet will transfer the power of any blow through to the brain… Helmets today are reasonably good at protecting from blunt impact, but that does not mean they do not suffer from serious problems. “A major weakness in helmets is that they do not protect from any twisting or torsion motion, for example when a wearer suffers an impact that forces his neck to rotate at a substantial speed,” Abu-Taleb explains. “This is a major cause of concussions, as the brain rattles within the cerebrospinal fluid inside the skull as soon as the rotating comes to a stop, causing multiple potential points of impact between the brain and skull.”