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Mark Cuban on Why the NFL Might Implode in 10 Years

By [Sunday, March 30th, 2014]

Joe Camporeale/USA TODAY Sports

Dallas Mavericks owner Mark Cuban sparked a huge discussion about America’s favorite sport with provocative comments on the NFL prior to a Mavericks game last week. Cuban believes that if the NFL continues to expand and dominate the market, the league may eventually implode.

“I think the NFL is 10 years away from an implosion. When pigs get fat, hogs get slaughtered. And they’re getting hoggy. When you try to take it too far, people turn the other way. I’m just telling you, when you got a good thing and you get greedy, it always, always, always, always, always turns against you.”

Cuban expanded on those thoughts in great detail in a 1,500-word Facebook post Monday, laying out five reasons why he believes the NFL should reevaluate its strategy.

Trademarking Linsanity

By Elliot Solop [Wednesday, May 2nd, 2012]

In the span of 15 days, Harvard alum Jeremy Lin went from riding the leather cushioned pine on Mike Antoni’s bench (there’s no “D” in his name!  Get it?  Ha. Ha ha.  Oh whatever.) to being a worldwide phenomenon. Before February 4th no one knew that Jeremy Lin was a basketball player, now he’s arguably the most famous professional athlete in the world!

With his newfound celebrity comes a lack of privacy and potential exploitation from his biggest fans. According to the USPTO’s trademark electronic search system (www.uspto.gov), there have already been three trademark applications filed for the term “Linsanity”. Out of the three filed trademark applications, two are from commercially driven fans who have high hopes of selling merchandise donning the coined phrase. The third trademark applicant is Jeremy Lin himself. The United States Patent and Trademark Office frowns upon bad faith attempts of trademark applicants to capitalize off of a renowned celebrity.  In addition to multiple trademark applications for “Linsanity”, the domain name www.linsanity.com has also been purchased by a cyber squatter. Generally, courts look down upon cyber squatting with Chris Bosh’s victory in California federal court to reclaim his online presence and identity as a clear cut example of the court’s willingness to protect a celebrity’s right of publicity.

For an athlete of Jeremy Lin’s stature, it is crucial to protect the intellectual property rights associated with his persona and brand. Lin’s talents on and off the court help develop the profitability of a term such as “Linsanity”. The Lanham Act provides an individual the exclusive right to their legal identity for commercial use. In addition to the Lanham Act, the right of publicity is also protected by common law. Considering Lin is lawyered up, I see no reason why his full arsenal of intellectual property will not be protected accordingly.

The Case for the Legalization of Sports Betting in New Jersey

By James O'Donnell [Monday, April 16th, 2012]

In 1992, Congress passed the Professional and Amateur Sports Protection Act (PASPA), which made sports betting illegal nationwide, with the exception of Nevada, Montana, Oregon, and Delaware (all of which had some form of sports betting laws on their books prior to PASPA’s passage).

A special provision was inserted into PASPA specifically tailored to New Jersey, which would grant states that maintained casino gambling for at least 10 years – of which New Jersey was the only state – a one-year period to pass a law legalizing sports betting.  However, the bills proposed during PASPA’s one-year grace period never made it out the legislature and, as a result, sports betting became permanently enjoined in New Jersey, as it was in all other states that did not legalize sports betting prior to the passage of PASPA.