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Intellectual Property in Professional and Amateur Sports

Learn about professional sports licensing, registering sports trademarks, and defenses to trademark infringement.

Transcript

The biggest asset for professional and amateur sports teams is the intangible asset of goodwill associated with the teams’ intellectual property, including logos, branding, and mascots.

I. Trademark Protection

The Lanham Trademark Act, the federal statute that governs trademark-protection law, defines a trademark as “a word, name, symbol, or device or any combination thereof” that identifies a manufacturer or merchant supplier. Amateur and professional sports team logos are protected under the...

Lessons

1. Welcome
2. Amateur Sports
  • The Employment Question and Unionization
  • Collegiate Collective Bargaining
  • The Scholarship Contract
  • Name, Image, and Likeness
  • Evolving Name, Image, and Likeness Laws
  • The Amateurism Model
  • Institutional Duty of Care
  • Ramifications of Amateur Athletes as Employees
3. Amateur Sports Associations
  • Public and Private Sports Associations
  • Collegiate Athletic Associations
  • Olympic Athletic Associations
  • United States Olympic and Paralympic Committee
4. Eligibility, Health, and Gender Issues
  • Eligibility Issues in Amateur Sports
  • Concussion Protocols
  • Anti-Doping Agencies
  • Drug Testing in High School and Collegiate Sports
  • Disability Issues in Sports
  • Sex Discrimination and Title IX
5. Sports and Antitrust Laws
  • Sherman Antitrust Act
  • Amateur Association Antitrust Caselaw
  • Antitrust Issues in Professional Sports
  • Baseball’s Exemption from Antitrust Laws
  • Rival Leagues
  • Franchise Relocation and Expansion
6. Unique Issues in Professional Sports
  • Collectively Owned Leagues
  • Ramifications of Collective Ownership
  • Role of the Commissioner
  • Professional Sports Facilities
  • Broadcast Rights and Media Issues
  • Collective Bargaining
  • Agents and Athletes
7. Other Legal Issues in Sports
  • Criminal and Civil Liability in Sports
  • Intellectual Property in Professional and Amateur Sports
  • Venue Liability
  • Products Liability