Disclaimers: The Solution to Source Confusion in Sports Merchandising?
William Wheeler This Article evaluates the ramifications of modern trademark law in the context of sports apparel and logos. Collegiate and professional sports teams have utilized modern trademark law to enact a licensing regime where third-party companies must pay royalties to produce apparel with collegiate logos. This regime assumes the inherent value of trademarks on sports apparel is derived from their association with the teams they represent, not the logo itself. This Article examines various approaches courts have taken to address the dichotomy between the necessary consumer association and the reality that the logos themselves are what draw consumers. Most...
Privacy Rights of College Athletes: Controls on the Use of Technology to Collect Player Medical Data
Armen Grigorian College athletic departments are always looking to gain an edge over their competitors. Recently, these athletic departments have been gathering player medical data through various new technologies designed to track player performance in the hopes of better preparing for game day, but this raises many privacy concerns. College athletes are often asked to waive privacy protections for their medical data. This is problematic as there are currently no controls on what the universities can do with said data. For student-athletes to retain their privacy rights, the field must develop and implement restrictions on the accessibility of their personal...
Not Quite a Marathon
Keith Levinsky The dispute over “Marathon Monday” trademark began in 2011 when Velocity LLC applied to register the trademark in connection with sweatshirts, hats, and other clothing. Velocity, a clothing company from Everett, Massachusetts, produced clothing for the BAA from 2009 to 2010. The company asked the BAA about becoming the official licensee of the Boston Marathon trademark, but the BAA refused since it already had an exclusive agreement with Adidas. Adidas is the Official Footwear and Apparel Supplier of the Boston Marathon and provides apparel to Marathon volunteers, race officials, and runners. Read Full Text Here