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Sports

The Imminent Problem of Counterfeit Sports Merchandise

Counterfeit products are a growing issue and have resulted in an annual estimated loss of $20-30 billion in tax revenue for Canada over the past few years. In particular, the rise in counterfeit sports merchandise has been almost uncontrollable.

Pole Vault in Rio 2016: A Contest of Skill or a Contest of Patents?

With the Rio 2016 Summer Olympics getting started on August 5th, there is no time like the present to explore the evolution of patents relating to the vaulting pole. Originally, pole vaulting was a practical way to cross obstacles, such as rivers or enemy walls. Inevitably, this led to competitions among Ancient Greeks, Cretans and Celts. […]

They-Who-Must-not-be-Named-or-at-Least-Must-not-be-Named-THAT

The tangled history of Pro Football, Inc (PFI) and the issue of disparaging trademarks is back in the spotlight with recent accusations of bribery and an anti-Washington Redskins prime time commercial from the National Congress of American Indians.

N-C-Double Don’t: Student-Athletes’ Likenesses No Longer Free for Use

A landmark ruling on Friday August 8, 2014 determined that the National Collegiate Athletic Association  (the “NCAA”) can no longer stop its athletes from selling the rights to their own names, likenesses, and images. As such, major college student-athletes in men’s football and basketball could walk away from their locker rooms with gym bags full of […]

The Washington Wrong-Skins: A Moral Victory over Tasteless Trademarks

The football field is for helmets not headdresses. In the much talked about June 18, 2014 decision in Blackhorse v Pro Football, Inc. the United States Patent and Trademark Office (USPTO) made a clear statement that culturally-insensitive trademarks would not be tolerated. The Trademark Trial and Appeal Board (TTAB) decided to cancel six federal trademark […]

The Keller/O’Bannon Lawsuit: Why Canadians Should Care

There is currently a live, ongoing legal dispute in California between former and current student athletes (SAs) and the National Collegiate Athletics Association (NCAA) which reveals that regulations defining collegiate eligibility did not foresee the nexus of new media technology and sport. Consequently, NCAA bylaws do not consider the effects of athlete intellectual property on […]

The Tale of the Uni-Brower: Trade-marking Sports Catchphrases

Anthony Davis, formerly NCAA college basketball’s breakout star, and presently the New Orleans Hornets’ #1 draft pick, might soon be following in the footsteps of fellow NBA player Jeremy Lin, although those steps won’t necessarily be on the court as his team’s top-scorer.

Rooney Doesn’t Have To Pay Commissions Due To Unfair Restraint Of Trade

Brent Randall is a JD candidate at the University of Ottawa. On December 1, 2011, the Court of Appeal of England and Wales ruled on a case involving English soccer superstar Wayne Rooney and his former agency, Proactive Sports Management Limited, over commission payments.  Among five issues the Court decided, the most important involved whether […]