Mirjam Poterbin, the mother of NBA Superstar Luka Doncic, has filed a motion to dismiss her son’s petition to cancel the trademark that she currently controls. Poterbin’s memorandum submitted in support of her motion argues that Doncic’s submission lacks a “valid ground” for contesting the registration.
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UPDATE: “Doncic v. His Mother” Trademark Dispute Continues Posted on: October 14, 2022 In: Sports Law
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Luka Doncic v. His Mom: One Athlete’s Legal Challenge to Reclaim His Name and the Case’s Potential Impact in the New NIL Era Posted on: October 13, 2022 In: Sports Law
As the world of professional sports continues its international growth pattern, athletes have recognized the worldwide value of their personal name, image, and likeness (NIL), and the importance of protecting their marketability with the filing of individual trademarks. Recently, NBA superstar Luka Doncic initiated a legal action against his mother, Mirjam Poterbin to reclaim trademark rights to his own name that she currently owns and controls.
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New Federal Legislation Aims to Eliminate Tax Write-Offs For Contributions to NIL Collectives Posted on: September 30, 2022 In: Sports Law
The emergence of “collectives” in the world of Name, Image, and Likeness (NIL) has raised the questions of whether these entities seeking 501(c)(3) status from the Internal Revenue Code of 1986, as amended (the “Code”) are actually public charities and if donations to these collective entities should be considered tax-deductible.
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Fifty Years of Progress: The Legal History of Title IX Posted on: September 09, 2022 In: Sports Law
This year, we celebrate 50 years of Title IX, the landmark legislation implemented to outlaw discrimination on the basis of sex in federally funded educational settings. Over the course of a half-century, Title IX has been monumental in creating access and opportunities for women and members of the LGBTQ community in education and sports and establishing a means of legal accountability. While the road to equality has not been perfect, nor is it complete, Title IX has made major contributions to many lives.
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Major League Baseball Players Association Makes Demand for Recognition on Behalf of Minor League Players to Major League Baseball Posted on: September 06, 2022 In: Sports Law
After rejecting overtures to expand their membership to include minor league players for years, the Major League Baseball Players Association has announced that it has secured the support of more than 50% of potentially eligible minor league players in an effort to help them become the newest members of the association. In less than two weeks, the MLBPA has secured the support of a majority of minor league players who have executed union authorization cards.
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Name, Image & Likeness: Back to the Legislative Starting Block? Posted on: August 04, 2022 In: Sports Law
For the last few years, we have seen numerous bills introduced by senators and members of the House of Representatives regarding name, image, and likeness (NIL) rights. For the most part, all these bills sought to create specific rules and federal oversight in this area. However, because of the partisan nature of the bills, none of them has ever progressed beyond the introduction of the proposed bill to be considered for possible enactment.
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Sixth Circuit Partially Rejects NFL Players Association’s Preemption Argument, Allowing Some of Agent’s Claims to Proceed Posted on: July 14, 2022 In: Sports Law
In a direct challenge to the regulatory authority that Players Associations have historically maintained over the conduct of the agents that they oversee and certify, the U.S. Court of Appeals for the Sixth Circuit has ruled that three of five state law claims asserted by a certified agent against the NFL Players Association are not preempted by federal labor laws.
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Name, Image, and Likeness – The Past, The Present, and The Future Posted on: July 11, 2022 In: Sports Law
Just over a year ago, the NCAA announced that it was necessary to take “short-term action” and introduce an “interim” policy regarding name, image, and likeness (NIL) rights for student-athletes. At that time, it confirmed that it was going to continue working with Congress to develop and adopt federal legislation to support student-athletes’ use of their NIL rights and create a national standard of NIL rules.
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Department of Education’s New Proposed Regulations Coincide with 50th Anniversary of Title IX Posted on: July 07, 2022 In: Sports Law
The U.S. Department of Education released its long-awaited proposed amendments to the regulations for Title IX of the Education Amendments of 1972 in a Notice of Proposed Rulemaking issued in conjunction with the 50th anniversary of Title IX. The Department has stated that the intent of the proposed amendments is to “restore crucial protections for students who are victims of sexual harassment, assault, and sex-based discrimination” that were weakened by previous regulatory changes.
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NCAA Transformation Committee Announces Recommendations for Modifications to Transfer Rule and Infractions Process Posted on: June 17, 2022 In: Sports Law
After months of focused efforts, the National Collegiate Athletic Association’s (NCAA) Transformation Committee has announced its formal recommendations that would limit a student athlete’s access to enter the transfer portal to specific time windows, as well as proposed changes to the current NCAA bylaw infractions process, which are intended to lead to quicker conclusions and findings.
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NCAA Takes Action to Address “Collectives” and “Booster” Involvement in NIL Activity Posted on: May 10, 2022 In: Sports Law
The NCAA Division I Board of Directors has issued long-awaited guidance to provide clarity and address specific recruiting activities being conducted by “collectives” and “boosters” regarding name, image, and likeness (NIL) opportunities for prospective student-athletes and current student-athletes.
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Introducing The Official Review - Lewis Brisbois’ Sports Law Blog Posted on: May 09, 2022 In: Sports Law
Welcome to The Official Review! As the sports law arena continues to develop and grow more complex, Lewis Brisbois’ Entertainment, Media & Sports Practice has established this blog as an additional resource for our clients and other interested parties.
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