Blaw 3230 Final
Curt Flood Act of 1998
- Congress' attempt to override Federal Baseball - Gave MLB players right to sue under antitrust laws - Limited to only certain activities of baseball and had little effect on prior court decisions; doesn't apply to minor leagues, club ownership, franchise relocation, relationship with umpires, etc
Federal Baseball Club of Baltimore v. National League of Professional Baseball
- antitrust laws don't apply to pro baseball - no interstate commerce, travel across state lines was incidental - without this there would be no antitrust in sports - once you signed with your first team they got to determine what happened to you - US supreme court case - baseball is a sport so it didn't affect commerce
Bd. of Regents vs. WOK & UGA Athletic Association
- awards TV rights of college football games to only two networks violated antitrust laws and unreasonable restraint of trade. - needed to televise college sports on unlimited basis - pretty much launched ESPN
Claret v. NFL
- barred antitrust claims for NFL rule that players couldn't be drafted until 3 years after high school graduation - current and future labor members - labor exemption applies to both labor members and future members
Bassett v. NCAA and UK AA
- claimed bans affected interstate commerce by preventing schools from hiring boycotted coaches to generate sports revenue and kept coaches from gaining employment - alleged no antitrust injury
Norris - LaGuardia Act
- employees organize bargaining unit to negotiate contract that governs all covered employees - remove courts from having to become involved in labor matters
National Labor Relations Board
- enforces Wagner act - collective bargaining - non-statutory labor exemption (antitrust laws not applicable when negotiating labor contract - unionized can't file antitrust lawsuits - decertification, nuclear option; able to bring antitrust lawsuits
NLRA Wagner Act
- guarantees right to join union - collective bargaining - good faith negotiations
Per Se Rule Analysis
- inherently unreasonable restraints of trade will be invalid; price fixing - collusion; agreement between 2 or more parties to control price, etc - tying arrangement; must buy one product to purchase another
Clayton Act
- labor unions and labor are exempt from Sherman Act - Injunction against anticompetitive behavior - DOJ and FTC approve merger of two large corporations - enforced by fines and imprisonment - treble damages when Sherman Act is violated
Roselle Rule
- new club had to compensate previous club with draft pick, current players or sum of money that was agreed upon or set by Commissioner - kept salaries low - reserve clause
Mackey v. NFL
- no bonafide arm's length bargaining - collective bargaining resulted from good faith - CBA is exempt from antitrust laws only when restraint primarily affects the parties involved, provisions are mandatory or it was a product of bonafide arm's length - CONSIDERED UNREASONABLE RESTRAINT OF TRADE
Powell v. NFL
- non-statutory labor exemption - didn't violate antitrust laws if enforced terms expired - unions decertified to gain leverage
Rule of Reason Analysis
- not blatantly illegal; must show anticompetitive effect - quick look analysis; presume competitive harm
McNeil v. NFL
- plan B free agency - leagues compensation rules were more restrictive than necessary - established unrestricted free agency
Free Agency
- players gets to shop his services around the league - established in pro sports in the 70s - unrestricted means they can go to the highest bidder after a certain amount of seasons or a certain age - restricted means that they can look around but their current team gets to choose their best offer for them
Single Entity Theory
- pro sports teams not usually considered single entity - WNBA, MLS, and AFL have the leagues own all of the teams so they are single entity
Age Discrimination in Employment Act of 1967
- protects individuals over 40 - Both employees and job applicants with term, conditions, and privileges of employment - defenses: occupational qualification, seniority system, legitimate reduction int he work force.
Sherman Antitrust Act of 1890
- regulates business practices among competitors affecting interstate commerce - promotes competition and deter monopolistic practices - forbids contracts, combinations and conspiracies - prevents abuse of monopoly of power
Law v. NCAA
- restricted coaches salaries during a given year. 16,000 for lower level coaches - provides competitive balance and did not outweigh costs
Radovich v. National Football League
- subject to antitrust laws
Flood v. Kuhn
- sued to become a free agent - reserve clause was unreasonable restraint under the Sherman Act - up to Congress not the Supreme Court - Federal Baseball decision by Supreme Court an anomaly
Sports Broadcasting Act
- tv broadcast (pro football can't be on Fridays after 6 and Saturdays from the 2nd friday in September to the 2nd saturday in December - blackout rule (no longer a thing) - anti-siphoning rules (cable monopolies unconstitutional except for things like march madness and superbowl
American Needle v. NFL
- when the 32 teams were a single entity or 32 separate ones - ruled NFL is not a single entity - League is subject to Sherman Act and antitrust scrutiny
Fraser v MLS
-single entity pretext to eliminate competition on market - court said not enough power to collude - didnt clearly answer if single entity
filed a lawsuit and won
A Catholic, New Jersey high school football coach resigned after being told that he could not lead the team in prayer prior to games or team dinners anymore and he later ______________ at the district court level.
state actor
A ______________ is a body or action that is considered acting on behalf of the government thereby raising constitutional issues and rights.
minitrial
A ______________ is a nonbinding trial in which decision makers, such as senior executives, might see how an actual trial might play out and causing the parties to possibly arrive at a private solution instead.
caucus
A ______________ is the process of separating parties during a mediation into separate rooms so as to generate privacy in discussion with the mediator.
grievance
A ______________ is usually the first step, in the context of a labor dispute, which asserts that management or labor has violated a term of the collective bargaining agreement.
service mark
A _________________ is a mark used in sale or advertising of services to distinguish it from others.
copyright
A _________________ is a property right in an original work of authorship such as literary, musical, artistic, or graphic work.
license
A _________________ is a revocable permission to commit an act such as copying a trademark.
collective mark
A _________________ is a trademark of an association, union, or other group.
trademark
A _________________ is a word, phrase, logo, slogan or symbol used to distinguish a product from others.
domain name
A _________________ is an Internet address, usually followed by .com, .org, .net, .edu, etc., and registered as part of the Internet system.
cybersquatter
A _________________ is an individual who intentionally registers an Internet domain name that is confusingly similar to a trademarked name.
cybersquatter
A _________________ is an individual who registers popular or trademarked names in the Internet name space with plans to either sell the names or keep them to turn a profit.
patent
A _________________ is the federal government's grant for the exclusive right to use, make, or sell an invention if the device is novel, useful, and not obvious.
patent
A _________________ is the formal grant of a property right to the inventor.
license
A _________________ is the formal grant of the right to use copyrighted material by the author (licensor) and usually is conditioned upon payment of a fee or a royalty by the license.
trademark
A _________________ is used by a merchant or a manufacturer to identify and distinguish their goods from others.
copyright
A _________________ protects original literacy, artistic, dramatic, musical, graphics or other creations, including computer software.
copyright owner
A copyright gives the _________________ the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies of the copyrighted work, and to perform or display the copyrighted work publicly under Section 106 of the Copyright Act.
a. legislative b. judicial
A letter from a member of Congress telling a judge how to decide a pending case reflects a misunderstanding of the difference between ______________ and ______________ functions.
fair use doctrine
A major exception in copyright law is the _________________.
invalid
A statute is ______________ if it creates a perception in the mind of a reasonable observer that the government is either endorsing or disapproving of religion.
1. the primary purpose of a statute is secular 2. its principal or primary effect neither advances nor inhibits religion 3. it must not foster an excessive entanglement with religion
A statute is only acceptable if:
neutral advisor
A(n) ______________ attempts to formulate a voluntary settlement after hearing presentations of the merits of each side of the dispute.
minitrial
A(n) ______________ is a structured dispute resolution method in which senior executives or the parties involved in legal disputes, meet in the presence of a neutral advisor.
a. Endorsement test b. County of Allegheny v. American Civil Liberties Union (1989)
According to the ______________ , the government cannot endorse, favor, promote, or prefer any religious belief or practice in ______________ .
a. coercion test b. Lee v. Weisman (1992)
According to the ______________ in ______________ , the government may not coerce anyone to support or participate in religion or its exercises.
a. convenience b. cost c. time savings d. intimidation
Advantages of ODR might include ______________ , ______________ , and ______________ and reducing the likelihood of physical or verbal ______________ .
a. Tim Tebow's b. eye black messages
After ______________ departure to the NFL as a first-round draft choice in 2010, the NCAA changed its rules to prevent ______________ entirely containing no words, logos, numbers or other symbols.
symbol (R)
After the mark has been registered at the federal level (and only then), the _________________ may be used.
the public
All rights in a trade secret end once the trade secret is released to _________________.
arbitration
All the Big Four professional sports use ______________ as a method to resolve grievances.
a. effectively b. efficiently
Alternative dispute resolution resolves disputes more ______________ and ______________ than litigation.
Equal Protection clause
Although the First Amendment expressly limits only congressional action, individual states through the application of the Fourteenth Amendment's ______________ must also preserve the freedom of religion established in the Bill of Rights.
a. without the authorization or consent of the parties involved b. without paying the sponsorship fee
Ambush marketing is a deliberate effort to capitalize on the reputation and popularity of an event by creating an association _________________ and _________________.
minimum years of experience
An arbitration policy may specify certain requirements for the arbitrator, such as ______________ as an arbitrator or in the particular field or industry involved in the dispute.
a. appealable
An arbitrator's decision is not ______________ to a court as a general rule.
a. symbol 'TM' (trademark) b. 'SM' (service mark)
An unregistered mark may use the _________________ and _________________.
litigation
Any breach of a mediation contract could lead to ______________ if either party fails to live up to its end of the bargain.
sports law
Arbitration is the most often used form of ADR to resolve conflict in ______________ .
a. rules of evidence b. civil procedure c. judicial review
Arbitration may mimic a trial and is adversarial in nature, but the ______________ and ______________ are relaxed and the arbitrator is in control of the process without ______________ of the decision unless the arbitrator committed fraud or some other clearly egregious misconduct.
a. four-game suspension b. Owens c. subsequent deactivation
Arbitrator Richard Bloch determined in a 38-page decision that the ______________ with pay, a decision by ______________ not to return to the team, and the ______________ (meaning he would be paid but could not play) was justified.
a. Campbell b. grievance c. Burns Award
Arbitrator ______________ not only approved the result of the original Bout #244 and the adequacy of USA Wrestling's ______________ procedures but also directed it to ignore the result of the rematch-that is, he directed USA Wrestling not to implement the ______________ .
Seitz Decision
Arbitrator ruled that the reserve clause granted team only one additional year, not a perpetual right
March Madness
Arguably the most important trademarked phrase to the NCAA is _________________ though its history is circuitous and at times confusing.
Copyright Clause
Article 1, Section 8, Clause 8 of the Constitution, also known as the _________________, grants Congress the power "To promote the Progress of Science and useful Arts, by securing got limited Times to Author's and Inventors the exclusive Right to their respective Writings and Discoveries."
Illinois High School Athletic Association v. GTE Vantage
As a result of the ruling in _________________, the IHSAA and NCAA formed the March Madness Athletic Association (MMAA) in 2000, and both parties transferred all rights in the phrase March Madness to MMAA.
a. disqualification b. impeding (blocking)
At the Salt Lake City Olympics in 2002, the Korean Olympic Committee appealed the ______________ of skater Kim Dong-Sung, who crossed the finish line first in the 1,500m short-track speed-skating finals, for ______________ US skater Apolo Anton Ohno who was awarded the gold medal.
a. sports practice and competition b. religious exercises conducted at the high school graduation ceremony
At the interscholastic (high school) level, there are two areas that dominate the discussion of religion: ______________ , and ______________ .
endorse religion
Attempts to hold public prayer have been opposed because the Constitution limits state action which might ______________ .
exceeded his powers
Because Arbitrator Campbell ______________ , his award cannot be confirmed.
Agnew
Claimed that NCAA conspires to prohibit with colleges to prohibit multi-year athletic scholarships' probe into whether student-athletes should be compensated
compelled patriotism
Claiming that it was an act of ______________ , Campeau-Laurion, who was a Red Sox fan, received a financial settlement and his legal fees.
a. arbitration b. mediation
Claims involving disputes related to coaching terminations at individual institutions can go to ______________ or ______________ as the case may be.
NCAA v Smith
Claims that transfer eligibility rules violated Sherman Act were dimissed. Changed rules afterwards anyways
Cartel
Combination of a product joined together to control production, sale or price; March Madness and BCS are set up to reward the larger conferences much more favorably than the others
United States Copyright Act of 1909
Congress enacted the _________________ to protect the creative ideas of individuals against the unauthorized use of copyrighted materials and works.
Anticybersquatting Consumer Protection Act (ACPA)
Congress passed the _________________ in 1999 to prevent an individual from registering a web domain name in order to profit from the name or mark in bad faith.
tort
Copyright infringement is a _________________ in which a plaintiff attempts to demonstrate that the protected work has been copied without permission.
a. postpone b. postpone c. pertinent d. material e. misbehavior
Decisions are appealable if the arbitrators are guilty of misconduct in refusing to ______________ the hearing when there was good cause to ______________ , or in refusing to hear ______________ and ______________ evidence, or were guilty of any other ______________ which may have prejudiced any party.
a. power b. mutual c. final d. definite
Decisions are appealable if the arbitrators exceeded their ______________ so much so that a ______________ , ______________ , and ______________ award upon the subject matter submitted was not made.
a. corruption b. fraud c. undue means
Decisions are appealable if the award was procured by ______________ , ______________ , or ______________ .
a. evident partiality b. corruption
Decisions are appealable if there was ______________ or ______________ in the arbitrators.
Walk-on football players
Denied class certification for suit claiming NCAA rules limiting the number of scholarships could award violated antitrust law
unfair competition
Depending on the circumstance, ambush marketing could be considered _________________ embodied in section 43(a) of the Lanham Act which prohibits the use of a false designation of origin or a false or misleading description or representation of fact.
a. one arbitrator b. a group (panel) of arbitrators
Depending upon the CBA, both sides agree on ______________ or ______________ .
a. security breaches b. tone c. inflection d. facial expressions
Disadvantages of ODR include possible ______________ and the inability to discern ______________ , ______________ , and ______________ .
alternative methods
Disagreements between parties are resolved by ______________ in alternative dispute resolution.
Boris v USFL
Draft rule consisted group boycott; per se violation of s. 1 of Sherman Act; Minimum Age
a. caucus b. mediator's c. compromise
During a ______________ , each party has the chance to suggest possible solutions to the conflict and the ______________ skills are useful in engaging with the parties to explore numerous options and suggestions for an ultimate ______________ .
a. Brady v. NFL b. NFLPA
During the longest work stoppage in NFL history, the 2011 NFL lockout, the US District Court for the District of Minnesota ordered mediation in ______________ so that the NFL and ______________ could attempt to resolve their dispute without the courts having to become further involved.
1. Use of name as a symbol of identity 2. Without consent 3. With intent to obtain a commercial advantage
Elements of CBC Distribution and Marketing Inc. v. Major League baseball Advanced Media, LP (2007) include:
works
Essentially no one owns the rights to the _________________ deemed to be in the public domain anymore.
WIPO Arbitration and Mediation Center
Established in 1994, the ______________ offers clauses, rules, and neutrals related to ADR procedures.
Strike
Failure of workers to report to work. Majority vote of people covered by the union, give 60 day notice known as cooling off period. Employees can be replaced by scabs
thousands of dollars
Failure to regulate the sales of non-licensed products can lead to _________________ in lost profits for the licensor.
balance
Fair use was developed over the years as courts tried to _________________ thee rights of copyright owners with society's interest in allowing copying in certain circumstances.
Moore v ND
Fired after age discrimination claim; willful and discriminatory in violation of ADEA
a. Chief Osceola b. Renegade
Florida State University (FSU) students have portrayed _________________ riding the horse _________________ and planting a flaming spear at midfield before every Seminoles home football game since September, 1978.
synthetic testosterone levels
Floyd Landis was a prominent American cyclist who won the 2006 Tour de France, but he was stripped of his title after testing positive for ______________ during the race.
problematic
Floyd Landis, in a hearing conducted at Pepperdine University Law School under the auspices of the AAA, attempted to show that the work of the French lab that performed two separate tests on Landis's samples were ______________ .
a. 95 years b. 120 years
For anonymous and pseudonymous works and works made for hire, the term is _________________ from the year of first publication or _________________ from the year of creation, whichever expires first.
a. Muslims b. fast in observation of religion
For devout ______________ , consuming food and drink during Ramadan is only acceptable before sunrise and after sunset, and athletes are allowed to ______________ .
70 years
For works created after January 1, 1978, copyright protection will endure for the life of the author (i.e., as long as they are alive) plus an additional _________________ after the author's death.
Andrea Armstrong
Former University of South Florida (USF) women's basketball player ______________ , at that time a Muslim, wanted to wear clothes on the court during practice and games to comply with her religious beliefs.
a. extend Garvey's contract b. collusion
Garvey presented a June 1996 letter from Ballard Smith, Padres' President and CEO from 1979-1987, stating that, before the end of the 1985 season, Smith offered to ______________ through the 1989 season, but that the Padres refused to negotiate with Garvey due to ______________ .
a. construing b. applying c. scope of his athority
If an "arbitrator is even arguably ______________ or ______________ the contract and acting within the ______________ , the fact that 'a court is convinced he committed serious error does not suffice to overturn his decision.'"
a. vacate b. judicial instructions
If the Campbell Award is understood to ______________ the Burns Award, then confirmation of the Campbell Award logically entails vacating the prior confirmation of the Burns Award, which would not leave USA Wrestling under conflicting ______________ .
post-season championship events
If the NCAA was not satisfied with the school's explanation for the use of a Native American nickname or logo, it threatened to prevent a member from hosting _________________ or wearing those logos on their jerseys and uniforms during such contests.
a. Lanham Act b. injunctions
In 1946, the federal government enacted the _________________ (also known as the Trademark Act) to allow owners to seek _________________ and other remedies from individuals who infringe on their protected registered work.
a. South Carolina b. Mississippi
In 2002, the NCAA forbade its championship events from taking place in _________________ or _________________ because the states use the part of the Confederate flag, recalling slavery and the Civil War.
a. US Air Force Academy b. remove it by Academy officials
In 2004, at the federally funded ______________ in Colorado Springs, a head football coach hung a banner in the locker room that displayed a poem by the Fellowship of Christian Athletes, but it was only up for a day before the coach was asked to ______________ .
31 schools
In 2005, the NCAA required _________________ to explain the necessity of the use of Native American tribes as mascots or nicknames.
a. New York Yankees b. thrown out
In 2009, the ______________ changed their policy and decided to allow spectators to go to the restroom while God Bless America was being sung after a federal lawsuit was filed by the New York Civil Liberties Union (NYCLU) and Queens resident Bradford Campeau-Laurion who was ______________ of the stadium in 2009 after leaving his seat to go to the bathroom.
a. New York Jets b. Yom Kippur
In 2009, the ______________ football team changed a game start time from 4:15 PM to 1 PM to accommodate fans observing ______________ which began at sundown that day.
a. Armando Galarraga b. instant replay c. Jim Joyce
In 2010, Detroit Tigers pitcher ______________ would have had a perfect game had ______________ been used for the final out, in which umpire ______________ admittedly made the wrong call on a play at first base.
a. Lemon test b. accommodate the preference of some at the expense of others
In ACLU v. Black Horse, the court held that graduation ceremonies are not public forums and, applying the ______________ , the court decided that the policy could not be justified because it sought to ______________ and thereby crossed the required line of neutrality.
a. "right, title and interest" b. material obligation
In CBC, the Players Association did not have exclusive _________________ in the use of such information, and it therefore breached a _________________ that it undertook in the contract.
"heckler's veto"
In Elk Grove v. Newdow, Chief Justice Rehnquist characterized Newdow's claim as a ______________ and that though the Pledge of Allegiance contains the phrase "under God" to declare it as a violation of the Establishment clause would have the unfortunate effect of prohibiting a commendable patriotic observance.
a. voluntary b. teacher-led
In Engel v. Vitale, the Court held that students can engage in ______________ prayer activities on state property, however, but the ______________ prayer was considered to be directed by the government and therefore deemed unconstitutional.
probability of confusion
In LSU v. Smack Apparel, the Fifth Circuit Court of Appeals upheld the decision and ruled that incorporating the colors (though not the names or logos) of college sports teams can create a _________________ in the mind of consumers, even if the color schemes themselves were not registered with the USPTO.
universities' trademarks
In LSU v. Smack Apparel, the company had made novelty shirts that used color schemes and similar logos in violation of the _________________.
a. reversing b. denying c. Garvey's favor
In MLBPA v. Garvey, the Court of Appeals erred in ______________ the order of the District Court ______________ the motion to vacate the arbitrator's award, and it erred further in directing that judgment be entered in ______________ .
religious
In Wallace v. Jaffree, the Court found that the state statute was motivated entirely by a ______________ purpose-to encourage prayer in schools-and therefore unconstitutional.
Doe v. Duncanville Independent School District (1995)
In ______________ , a Fifth Circuit court held that a coach cannot lead prayers before and after games.
Newdow v. United States Congress (2003)
In ______________ , a divided Ninth Circuit Court of Appeals determined the 1954 insertion by Congress of the phrase "under God" into the Pledge of Allegiance violated the First Amendment's Establishment Clause.
a. Menora v. Illinois High School Association (1982) b. undue burden
In ______________ , a few orthodox Jewish players desired to wear a yarmulke during basketball games and in the end, they failed to prove their religious practices were subject to an ______________ , and yarmulkes remained banned from high school basketball.
a. Borden v. School District of the Twp. of E. Brunswick (2008) b. reasonable observer c. government endorsement of religion
In ______________ , a previous case was reversed by the Third Circuit Court of Appeals and the court held that because the community knew he led the team in prayer for twenty-three seasons, a ______________ would perceive the display as a ______________ (a violation of the Establishment clause).
a. Adler v. Duval County School Board (1994-2001, I-IV) b. okay (even if it is religious) c. the students
In ______________ , in never-ending litigation, the Eleventh Circuit Court of Appeals held that a student's message at Jacksonville High School graduation was ______________ because ______________ make the choice, not school officials.
Engel v. Vitale (1962)
In ______________ , the Court held that New York state officials may not mandate that a prayer be recited at the beginning of each school day, even if the prayer is denominationally neutral and student participation is optional.
a. Lemon v. Kurtzman (1971) b. secular legislative purpose
In ______________ , the Court said that a total separation between church and state is not required, but a lower court must invalidate a state statute if it lacks a ______________ .
a. Jones v. Clear Creek Independent School District (1992) b. student-led prayer
In ______________ , the Fifth Circuit Court of Appeals held that ______________ at high school graduation is acceptance.
a. Santa Fe Independent School District v. Doe (2000) b. Establishment clause
In ______________ , the Supreme Court held that prayer in a public school over a loudspeaker before each varsity home game violated the ______________ , even if led by a predetermined student, the student council chaplain.
Wallace v. Jaffree (1985)
In ______________ , the Supreme Court struck down an amendment to an Alabama statute adding "or voluntary prayer" authorizing a period of silence for meditation in the Alabama public schools.
a. ACLU of NJ v. Black Horse Pike Regional Board of Education (1996) b. "prayer, a moment of reflection, or nothing at all"
In ______________ , the Third Circuit Court of Appeals struck down a school board policy that allowed the high school senior class officers to conduct a poll of the graduating class to determine whether seniors wanted ______________ to be included in their graduation ceremonies.
a. MLBPA v. Steve Garvey b. collusion
In ______________ , the alleged contract was not extended because arbitrators found ______________ by the Clubs and damage to the players.
a. arbitration b. decision-maker
In ______________ , the arbitrator is the ______________ .
a. Chaudhun v. State of Tennessee (1997) b. dignifying c. memorializing d. advance e. inhibit
In ______________ , the district court dismissed the claims, and the Sixth Circuit Court of Appeals upheld saying that generic prayers have a secular purpose of ______________ or ______________ a public event, that they do not entangle church and state, and that they do not impermissibly ______________ or ______________ religion.
a. mediation b. settlement-facilitator
In ______________ , the mediator plays the role of ______________ .
a. Lassonde v. Pleasanton Unified School District (2003) b. referenced the Bible
In ______________ , the plaintiff-student was invited to deliver a speech at his high school graduation ceremony, but his principal, after consultation with legal counsel, disallowed the various passages in the speech that ______________ , since he was advised that would violate the Establishment clause of both the US and the California Constitutions.
Lindland v. United States Wrestling Association (2000)
In ______________ , the selection of who would represent the United States in the 167.5 (76 kilogram) weight class of Greco-Roman wrestling became an out of control ADR.
Board of Supervisors of Louisiana State University v. Smack Apparel Co. (2006)
In _________________, four universities (LSU, University of Oklahoma, Ohio State, South Carolina) sued Tampa-based Smack Apparel for trademark infringement following the 2004 Sugar Bowl.
sports law
In _________________, patents are relevant to the design and manufacture of all sports equipment and goods including artificial turf, golf clubs, shoes, bats, and other equipment.
United States Olympic Committee v. International Federation of Bodybuilders (1982)
In _________________, the court supported the decision that there would be no likelihood of confusion between the Mr. Olympia bodybuilding contest and the USOC's right to control the Olympic trademark.
Facenda v. NFL Films, Inc. (2008)
In _________________, the estate of a man also known as the Voice of God, demonstrated that NFL film company violated Pennsylvania's right of publicity statute by using his unique voice in a cable TV production about The Making of Madden NFL 06, which was shown on NFL Network 8 times in a three-day span leading up to the release of the video games to retail stores.
a. chrisbosh.com b. celebrity names followed by .com c. $120,000
In a dispute involving Chris Bosh, Bosh sued cybersquatter Luis Zavala in 2009 for the rights to ______________ and a California Court agreed with Bosh that Zavala, who had also registered more than 800 ______________ , was not entitled to the domain name and ordered Zavala (who never appeared in court) turn over the domain name and pay ______________ in damages.
decide
In essence, the parties ______________ for themselves, though they may ask the mediator for proposed solutions to the issues.
a. Clear Creek rule (Clear Creek Prayer Policy) b. sporting events
In later cases the Fifth Circuit made it clear that the ______________ applied only to high school graduations and that school-encouraged prayer was constitutionally impermissive at school-related ______________ .
a. novel b. not obvious c. serve a useful purpose
In order to become a patent, the invention must be _________________, _________________, and it must _________________.
maintenance fees
In order to maintain a patent, periodic _________________ must be pair to the government.
a. "inexplicable" b. "bordered on the irrational"
In the MLBPA v. Garvey court's view, the arbitrator's refusal to credit Smith's letter was ______________ and ______________ because a panel or arbitrators, chaired by the arbitrator involved here, had previously concluded that the owners' prior testimony was false.
indisputable visual evidence
In the NFL, instant replay is used as a test of ______________ in order to overturn an on-field call.
a. error b. hindsight c. reversing
In the case involving Hamm, after an appeal to CAS, the arbitration panel stated that a(n) ______________ identified with the benefit of ______________ , whether admitted or not, cannot be grounds for ______________ the result of a field-of-play decision during competition.
bad faith
In the case involving Ohno, the CAS held that before a CAS panel will review a field-of-play decision, there must be direct evidence of ______________ .
joint work
In the case of a _________________, the term lasts for 70 years after the last surviving author's death.
a. Title VII b. religious practices c. undue hardship
In the employment setting, ______________ of the Civil Rights Act of 1964 requires an employer to reasonably accommodate the ______________ of an employee or prospective employee unless doing so would create an ______________ for the employer.
sports broadcasting media
In the sports business, the main area of copyright concern is the protection of rights related to _________________.
-a court-ordered injunction -the collection and destruction of the infringing articles -payment to the true owner monetary damages realized by the infringer -attorney's fees -possible criminal penalties
Individuals who violate copyright laws are subject to:
endorsements
Intimation of _________________ is NOT necessary.
a. team chaplain b. volunteer c. religious group or beliefs d. faiths
Iowa State University's President, Gregory L. Geoffroy, supported creating the new position of ______________ , but insisted that the new position had to be a ______________ , could not promote any particular ______________ , and had to be committed to working with people of a variety of ______________ .
tradition in US society
It is a widely held ______________ that a prayer of some sort is said at high school and college graduation ceremonies.
constitutional function
It is best for each institution to hew to its ______________ .
ad hoc
Korean officials appealed to the CAS ______________ Division insisting on a video replay review.
Warrior Sports v NCAA
Lacrosse rule change affected all manufacturers equally so not an antitrust violation
three-lawyer panel
Landis appealed the decision that ruled that there were problems with the first test but not the backup sample to CAS as a last resort, and the ______________ upheld the decision.
Hennessy v NCAA
Limit on number of football assistance coaches was not unreasonable restraint of trade after weighing pro and anticompetitive benefits of restriction
Adidas v NCAA
Limiting size of logos on uniforms did not have anticompetitive effect in properly defined market
protested
Lindland lost to Sieracki in the US trials in Dallas in June 2000 by a score of 2-1 in overtime and Lindland ______________ the results of this match, and commenced arbitration against USA Wrestling under the TSOASA.
clash
Lindland shows an ultimate ______________ between litigation and ADR.
costly
Litigation is ______________ and can take years to reach a conclusion.
What is the only pro sport to hold an exemption from antitrust laws?
MLB
clear and convincing evidence
MLB adopted instant replay for home run calls or fan interference, requiring ______________ to overrule a call.
salaries, endorsements, and sponsorship arrangements
MLB players are rewarded for their participation in games with large sums from _________________.
publicly
Many arenas and stadiums on college campuses are ______________ funded.
complex
Med-arb is used in ______________ disputes that involve numerous issues.
first resort
Mediation might be a ______________ under a contractual agreement between private sponsor and a professional athlete.
a. emphasis b. needs of the parties themselves
Much of the reason that ADR is so effective is that the ______________ is less on lawyers and civil procedure and more on the ______________ .
Justice v NCAA
NCAA's amateurism rules have a substantial effect on interstate commerce but reasonably related to the NCAA's goals of preserving amateurism and promoting fair competition
Gaines v NCAA
NCAA's eligibility rules insulated form Sherman Act
a. Colonel Rebel b. Rebel Black Bear
Ole Miss sidelined its own _________________ mascot in 2003 and after national debate, the institution voted to use the _________________ as its new mascot.
treble damages
Once a trademark has been acquired, a plaintiff may recover _________________ for an infringement.
public domain
One may use works deemed to be in the _________________ without seeking permission and without infringement concerns.
commercial use
One of the most important roles licensing companies play is to protect the trademark from illegitimate and unauthorized _________________ by others even if the intentions were innocent.
Native Americans
One of the prominent, yet unsettled, sports law issues involving trademark prohibitions includes many amateur and professional sports teams that still use nicknames, mascots, and logos involving _________________.
money
One way to generate _________________ from a copyrighted work is to license the material to someone else so they can use it for their own purposes.
a. arbitration b. $800,000
Owens lost his ______________ and about ______________ of his salary, but he continued his NFL career with several other teams.
Brown v. Pro-Football Inc.
Owners capping - salaries were lawful. Allows employer to impose restraints outside of collective bargaining
infringement
Owners of trademarks must protect their marks against _________________ or they risk losing ownership of the mark.
a. baseball b. religious holidays
Particularly in ______________ , Jewish athletes and fans have made headlines for observing ______________ .
arbitrator
Parties generally agree to resolve disputes first during a mediation phase but unresolved issues may then be presented to a(n) ______________ .
public domain
Player's names and statistics are not commercially protectable and they are part of the _________________ for now.
a. Establishment clause b. mandatory
Prayer at a public school ceremony such as graduation violates the ______________ when state officials (e.g., a school principal or teacher) control the religious exercise and make attendance and participation ______________ .
graduation is a one-time event
Pregame and postgame prayers are different than high school graduation prayers because ______________ .
are not protected by copyright
Public domain contains all works that _________________, including a lost copyright, an expired copyright, a copyright owned or authored by the federal government, a copyright specifically granted to public domain, or a work that is simply non-copyrightable.
Fourteenth Amendment
Section 1 of the ______________ states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
White v NCAA
Settled case claiming antitrust violations for engaging in horizontal agreement to exclude scholarship from full cost of attendance
Tools v. New York Yankees
Sherman Act was not meant to include baseball but acknowledged their antitrust exemption was flawed but ultimately didn't overrule Federal Baseball case
Burns Award
Sieracki initiated an arbitration not to contest a final decision by USA Wrestling but to protest the ______________ .
a. 9/11 b. seventh-inning stretch c. Take Me Out to the Ball Game
Since ______________ , God Bless America has commonly been sung during the ______________ in MLB games upon the request of MLB Commissioner Bud Selig, who supported using it instead of ______________ .
revocation
Since the Big Four players associations (unions) certify sports agents, there have been several arbitrations related to the ______________ of an agents ability to represent a player within that league.
a. two decades b. Oylmpic Games c. special-event legislation
So many instances of ambush marketing have been present in the last _________________, particularly involving the _________________, _________________to curtail ambush marketing.
Central Michigan University Chippewas
Some colleges had Native American nicknames but did not use mascots, such as the _________________.
pay a minimal licensing fee
Some colleges have taken a more business-like approach to protect their mark, requiring the high school to _________________ to the college for the right to do so.
team prayers
Some say that ______________ constitute freedom of speech as opposed to religion.
shuttle diplomacy
Sometimes mediators might use the process of ______________ by employing private caucuses (i.e., meetings) in separate areas with the parties.
protected by the First Amendment
Speech that entertains, like speech that informs is _________________ because the line between the informing, and the entertaining is too elusive for the protection of that basic right.
a. guaranteed contract b. a full calendar year (82 games) c. the remainder of the NBA season (68 games)
Sprewell's ______________ was reinstated and his suspension was reduced from ______________ to ______________ .
Banks v NCAA
Supported NCAA's intent to create clear line of demarcation between amateur and professional sports
Volunteer Life Skills Assistants
Team chaplains are also called ______________ .
NIT
Teams selected for March Machness had to attend. Brought out NIT and MIBA schools receive 1m annually
confirmed
The Campbell Award could not be ______________ even if it were the sole award.
a. doubly b. ultra vires
The Campbell Award is ______________ flawed: first, the entire proceeding appears to have been ______________ ; second, the award violates the Commercial Rules of the American Arbitration Association, under which the proceeding was conducted.
a. Tribe b. Tribe c. griffin
The College of William and Mary's use of the word _________________ was not acceptable to the NCAA so long as it was accompanied by two feathers, so it now uses the nickname _________________, but the mascot and logo has been changed to a _________________, a mythical creature with the head and wings of an eagle and the body of a lion.
marketing rights
The IOC grants exclusive _________________ for summer and winter Olympic Games for a substantial fee as part of The Olympic Partners (TOP) program.
1981
The LSU licensing trademark program was established in _________________.
confusion, mistake, or deception
The Lanham Act allows for an individual to bring a civil suit for infringement if the use or a mark is likely to cause _________________ as to the origin of the mark.
Illinois High School Athletic Association (IHSAA)
The March Madness trademark has actually been shared with the _________________.
last-second shots
The NBA began using instant replay for ______________ beginning in the 2002-03 season.
a. the NBPA b. Sprewell
The NBPA challenged the NBA's discipline in an arbitration proceeding and arbitrator John Feerick, dean of Fordham University Law School, issued a ruling in favor of ______________ and ______________ .
Infractions Appeals Committee
The NCAA has a(n) ______________ to hear appeals of findings of major violations.
a. BYU Rule b. prior to any competition scheduled on a Sunday
The NCAA has for decades attempted to accommodate BYU (and other institutions) in what has become known as the ______________ by allowing athletes to compete ______________ .
a. private justice b. Committee on Infractions (COI)
The NCAA has its own form of ______________ which involves allegations and appeals internally under the auspices of its ______________ .
check goals
The NFL began using instant replay during the 1991-92 season to ______________ .
a. its original form b. unconstitutional
The Ninth Circuit affirmed the decision and held that presentation of the speech in ______________ would have amounted to a coerced participation in a religious practice and therefore Lassonde's speech was ______________ .
Court of Arbitration for Sport (CAS)
The Olympic Movement uses the ______________ to resolve disputes surrounding the Olympic Games, which might involve rule interpretations, eligibility and discipline disputes.
a. Elk Grove Unified School District v. Newdow (2004) b. standing
The Supreme Court ruled in ______________ , a unanimous decision which reversed the lower-court, that Newdow could not challenge the Pledge of Allegiance and held that Newdow lacked ______________ .
a. Olympic b. Olympiad
The US Olympic Committee (USOC) has exclusive rights to the word _________________ and _________________ in the US in the commercial context in accordance with the Amateur Sports Act of 1978 and Ted Stevens Olympic and Amateur Sports Act of 1998.
-utility patents (last 20 years) -design patents (last 14 years) -plant patents (last 20 years)
The US Patent and Trademark Office recognizes numerous types of patents including:
Ombudsman
The USOC athlete ______________ provides free advice to athletes related to the Olympic Movement, Paralympic and Pan American Games, World Championship competitions, or other protected competitions as defined by the USOC bylaws.
a. Chief Illiniwek b. hostile c. abusive
The University of Illinois at Urbana-Champaign abandoned its use of _________________ after the NCAA rejected its 2006 appeal that the mascot was neither _________________ or _________________.
Stevens Act
The ______________ does not authorize arbitration about the propriety of another arbitrator's decision.
Ted Stevens Olympic and Amateur Sports Act
The ______________ grants the USOC the authority "to provide swift resolution of conflicts and disputes involving amateur athletes."
Free Exercise clause
The ______________ guarantees the individual the right to practice his or her religion.
Seitz Decision
The ______________ influenced the commencement of free agency in other professional sports leagues.
First Amendment
The ______________ is a constitutional amendment providing for freedom of the press, freedom of assembly, and freedom of religion.
Endorsement test
The ______________ is a legal standard in which a court considers whether the government intends to communicate, and whether an imaginary "reasonable observer" would receive , a message of "endorsement" of a particular religion and/or an act of disapproval toward any other religion.
American Arbitration Association (AAA)
The ______________ is a national organization that maintains a panel of arbitrators to hear labor and commercial disputes.
Court of Arbitration for Sport (CAS)
The ______________ is a sport-specific forum and intended to be a final, neutral decision-making arbitration body and the only means for Olympic Athletes and international sports federations (IFs) to resolve their disputes.
Lemon test
The ______________ is a test of constitutionally providing that an act of government must (1) be primarily secular in purpose, (2) neither advance nor inhibit religion, and (3) avoid excessive entanglement with religion.
World Intellectual Property Organization (WIPO)
The ______________ is an international organization dedicated to helping ensure that the rights of creators and owners of intellectual property are protected worldwide and that inventors and authors are recognized and rewarded for their ingenuity.
Coercion test
The ______________ is the examination of a religious practice to determine whether pressure is applied to force or coerce individuals to participate.
Establishment clause
The ______________ prohibits the government from establishing religion.
a. Lemon test b. excessive entangle
The ______________ springs from a court case in which the US Supreme Court coined the phrase ______________ between the government and religion.
Free Exercise clause
The ______________ states "...or prohibiting the free exercise thereof..."
Establishment clause
The ______________ states that "Congress shall make no law respecting an establishment of religion."
First Amendment to the US Constitution
The ______________ states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
International Council for Sports Arbitration (ICAS)
The ______________ was established in 1994 to oversee the CAS to avoid perceived conflicts of interest.
Sonny Bono Copyright Term Extension Act of 1998
The _________________ amended the copyright laws by extending the duration of copyright protection an additional 20 years.
World Intellectual Property Organization
The _________________ based in Geneva, Switzerland is responsible for the promotion of the protection of intellectual rights throughout the world.
International Olympic Committee (IOC)
The _________________ has exclusive rights to the Olympic symbol, flag, motto, anthem, and the Games themselves in accordance with the Nairobi Treaty of 1981.
Lanham Act of 1946
The _________________ is a federal act that provides for a national system of registration of trademarks.
collective bargaining agreement (CBA)
The agreement to arbitrate is usually contained in a clause found in a contract or as a paragraph in a ______________ .
denied Garvey's claim
The arbitrator ______________ after seeking additional documentation from the parties.
a. Lindland b. Sieracki c. Sieracki's
The arbitrator in Lindland v. USWA ordered a rematch in which ______________ won the rematch by a score of 8-1, but USA Wrestling did not accept the results of this rematch and instead presented ______________ as its nominee to the USOC, which then sent ______________ name to the IOC.
a. "stark contradictions" b. extending Garvey's contract
The arbitrator in MLBPA v. Steve Garvey noted the ______________ between the 1996 letter and Smith's testimony in the earlier arbitration proceedings regarding collusion, where Smith, like other owners, denied collusions and stated that the Padres simply were not interested in ______________ .
a. final b. binding
The arbitrators make ______________ , ______________ decisions unless otherwise agreed in advance by the parties.
"strong support"
The court in MLBPA v. Garvey found that the record provided ______________ for the truthfulness of Smith's 1996 letter.
"dispensed his own brand of industrial justice"
The court in MLBPA v. Steve Garvey held that review of the merits of the arbitrator's award was warranted in this case, because the arbitrator ______________ .
Seventh Circuit Court of Appeals
The decision in Newdow v. US Congress, resulting from the claim by Michael Newdow who is an atheist, conflicted with an earlier decision by the ______________ which found no such constitutional violation in Sherman v. Comm. Consolidated School District 21 of Wheeling Township (1992).
non-commercial
The fair use doctrine holds that _________________ endeavors such as teaching, research and science are permitted to distribute and disseminate information to others without having to pay a fee to do so.
eligibility
The first major class of disputes involves the ______________ of an athlete to compete in the Olympics or the Pan-American Games.
1. abandonment 2. using the mark in a generic manner (Aspirin, Kleenex) 3. licensing the mark indiscriminately 4. failing to prosecute infringers
The most common ways to lose a trademark are through:
alternative dispute resolution
The most important aspect of ______________ as opposed to litigation, is that final agreements or decisions are not made by judges or courts.
complete control
The parties in a mediation session are virtually in ______________ of the process and may walk away at any time.
right of publicity
The phrase _________________ allows a plaintiff to protect others from commercial misappropriation, or using their likeness without their consent for a commercial advantage.
ambush marketing
The phrase _________________ refers to activities of companies when they attempt to associate themselves with an event, although they are not an official sponsor of the event.
joint process
The process of selecting an arbitrator varies among the Big Four but it is usually a ______________ .
inventory
The property right (patent) is granted by the US Government to a(n) _________________ to exclude others from making, using, offering for sale, or selling the invention throughout the US, or importing the invention into the US, for a limited time in exchange for public disclosure of the invention when the patent is granted.
freedom of speech
The protections of ______________ are limited in part by the Establishment clause.
post-mortem
The right of publicity includes state _________________ rights which grant protections to those who are no longer alive from others capitalizing on their familiar persona without their estate's consent.
First Amendment
The right of publicity must be balanced against _________________ considerations.
National Governing Body (NGB)
The second major class of disputes involves determination of the appropriate ______________ for a particular amateur sport.
infringement
The term _________________ is used when there is an unauthorized use of another's work.
trade dress
The term _________________, similar to trademark, encompasses the total image of a product as opposed to a product's individual parts or aspects.
written contract
The terms of a successful mediation will be reduced to a ______________ between the parties.
drug use
The third major class of disputes involves positive findings of ______________ during out-of-competition testing.
three
There are ______________ major classes of disputes involving the Olympics that are resolved through arbitration and the AAA.
a. fanciful/arbitrary b. suggestive c. descriptive d. generic
There are several sub-categories of trademark law including _________________ trademarks in which the names had no meaning before becoming a trademark such as Yahoo or Reebok, _________________ trademarks that allude to product quality such as Coppertone, _________________ trademarks that describe the goods or services such as Central Michigan University, and _________________ trademarks that describe a whole class of products such as milk or glue.
protectable interest
There is no _________________ for newsworthy events, since the First Amendment guarantees freedom of speech and the press.
clear, bright-line
There is no _________________ test in fair use cases, and when in doubt one may wish to contact the copyright holder for permission to use the work in writing.
"star power"
There is no danger that consumers will be misled, because the fantasy baseball games depend on the inclusion of all players and thus cannot create a false impression that some particular player with _________________ is endorsing CBC's products.
a. "corruption" b. "fraud" c. "evidence partiality"
There is no evidence that the Campbell Award is the result of ______________ , ______________ , ______________ , or any similar bar to confirmation.
influence their religious beliefs
There is some concern about adults (teachers, coaches, principals, administrators) who might use their position of authority over minors to ______________ .
a. state action b. public stadiums
There usually is not ______________ involved in a professional sports contest, though there have been attempts to demonstrate state action based upon use of ______________ by professional sports teams.
-IMG's Collegiate Licensing Company (CLC) -Licensing Resource Group (LRG) -Learfield Sports
Three of the largest licensing agencies in the US are:
totality of features
Trade dress protection may deal with the _________________ such as size, shape, color combinations, texture, or graphics.
-brand names -trade dress (color combinations) -certification marks (e.g., Good Housekeeping Seal of Approval) -collective marks (NFLPA)
Trademark categories include:
name, symbol, or emblem
Trademark law allows a trademark owner to prevent someone else from using the trademarked _________________ without prior permission.
quality and source
Trademark law protects consumers from being confused over the _________________of the product.
10 years
Trademark registrations that were issued or renewed on or after November 16, 1989 must be reviewed every _________________.
flavors
Trademarks come in a variety of _________________, but no matter how they are characterized or itemized, they are still marks.
trade secret
Trademarks should not be confused with a _________________ which consists of any formula, pattern, device, or compilation of information that is used in business, and that gives an opportunity to obtain an advantage over competitors who do not know or use it.
royalty
Trademarks, no matter what type, can generate considerable revenue for the trademark holder through a license or _________________.
Tanaka v USC
Transfer rules were not commercial and therefore not subject to Sherman Act scrutiny
a. long pants b. a top with long sleeves c. a scarf
USF asked the NCAA for an exemption to its uniform policy in order to allow her to wear ______________ , ______________ , and ______________ during games, and a few days after her leaving, she was told she could indeed wear the clothing.
immoral, deceptive, or scandalous
Under Section 2 of the Lanham Act, _________________ matters may not be trademarked.
Uniform Domain-Name Dispute Resolution Policy (UDRP)
Under the _________________, trademark holders file a case in an attempt to show that the registered domain name, and that the domain name is being used in bad faith.
commercially
Unlike copyrights or patents, trademarks can in theory be maintained forever, as long as they are used _________________.
conspicuous disclaimer
Using a _________________ might be enough to avoid liability or an injunction.
video games
Using athlete names and likenesses in _________________ requires a license.
abusive registration
WIPO administers procedures for the resolution of disputes related to the ______________ (those registered in bad faith) and otherwise illegitimate use of Internet domain names.
elevation of love for our country over love for God
When Goshen College, a small Christian college, decided to play the Star Spangled Banner at a sporting event for the first time, the Indiana School took issue with the national anthem and its apparent ______________ .
employer/contractor
When a worker qualifies as work made for hire, the _________________ is considered to be the author rather than the person who came up with the idea or concept.
Lanham Act
Whether deliberate or not, ambush marketing is not a violation of the _________________ per se, though it could create confusion on the part of the consumer.
legitimate
Words, names, sounds, colors, scents, symbols, and shoes (including combinations), and phrases have been held to be _________________ trademarks.
a. Brigham Young University (BYU) b. Sunday competition
______________ , a Mormon institution sponsored by the Church of Jesus Christ of Latter-Day Saints, maintains a policy against ______________ in accordance with its religious philosophy.
Mediation-arbitration
______________ , also known as med-arb (or arb-med), is a hybrid of mediation and arbitration.
a. The Star Spangled Banner b. refusing to stand c. turning their backs on the flag
______________ , the national anthem since 1931, has caused some controversy at sporting events, including athletes ______________ when the song is played and ______________ .
Mediation
______________ does not focus on who is right or wrong, a significant divergence from the adversarial mind-set of litigation.
Terrell Owens
______________ filed a grievance with the support of the NFLPA against the Eagles alleging that his punishment was too harsh.
Alternative dispute resolution (ADR)
______________ includes resolving disputes via arbitration, mediation, and other alternatives to litigation.
Arbitration
______________ involves submitting a dispute to a neutral decision maker (arbitrator) for a final resolution of a disagreement.
Arbitration
______________ involves submitting a dispute to a neutral decision maker for final and biding resolution.
Certiorari
______________ is a discretionary writ (order) issued, usually by a Supreme Court, telling a lower court that the case will be reviewed by the higher court.
Mediation
______________ is a nonbinding method to resolve a dispute by involving a neutral third party who attempts to help the parties resolve their dispute.
Ombudsman
______________ is a position at the USOC designed to address athlete complaints involving Olympic Movement issues.
Litigation
______________ is a process which uses the legal system to resolve disputes.
Online dispute resolution
______________ is a virtual method to resolve disputes as opposed to meeting face-to-face as in mediation and arbitration.
Med-arb
______________ is the hybrid form of alternative dispute resolution involving both mediation and arbitration.
Judicial review
______________ is the process in which the courts may review laws or regulations promulgated by the legislative or executive branches of government, but not usually afforded in binding arbitration unless parties can demonstrate a clearly erroneous decision or one made with undue influence over the arbitrator.
Litigation
______________ is the process of carrying on a lawsuit via the courts.
Mediation
______________ is the submission of a dispute to an impartial facilitator who assists the parties in negotiating a settlement of their dispute.
Mediation
______________ is used rarely in team sport disputes since the collective bargaining agreement mandates arbitration as the means of settling disputes.
Grievances
______________ often focus on disagreements related to discipline, fines, franchise movement issues, injuries, and salaries.
Latrell Sprewell
______________ was suspended for a full year and had his guaranteed contract terminated for allegedly choking Golden State coach PJ Carlesimo during a practice.
Simulations
_________________ are similar but not identical uses of the word Olympic.
Patent laws
_________________ focus on excluding others from using the inventions without permission.
Licensing agencies Example: sports merchandising
_________________ in the US are hired by professional and amateur sports teams to be in charge of maintaining, protecting, marketing, and collecting royalties for the particular trademark or media rights.
In re NCAA Student-Athlete Name and Likeness Litigation
_________________ involved Sam Keller and Ed O'Bannon being suing for use of student-athlete's names, pictures and likeness without their permission and without compensation.
Intellectual property
_________________ is a category of law pertaining to trademark, copyright, and patent rights.
Counterfeiting
_________________ is a crime and consists of the use of a substantially identical copy of a registered trademark on the same goods or services for which the original mark is registered.
Couterfeiting
_________________ is a crime which involves the unauthorized reproduction or copy of intellectual property manufactured and sold to others.
Anticybersquatting Consumer Protection Act (ACPA) (1999)
_________________ is a federal law amending the Lanham Act to create a cause of action against someone who intentionally registers an Internet domain name confusingly similar to a trademarked name.
Typosquatting
_________________ is a form of cybersquatting in which an owner speculates that someone will misspell an otherwise legitimate domain name and purchases that variation on the name in order to make a profit.
Typosquatting
_________________ is a form of cybersquatting in which one attempts to capitalize on typing errors when searching for an otherwise legitimate domain name.
Ethnic-based mascots
_________________ is a phrase used to describe athletic mascots that single out a race, gender, or culture.
Fair use
_________________ is a term used in the copyright context that allows reasonable yet limited use of a work without requiring the author's prior permission.
Indicia
_________________ is a term used to describe any distinguishable or identifying mark.
Commercial misappropriation
_________________ is a term used to describe the right of publicity, the right to protect one's own name, image or likeness without permission and for a commercial purpose.
Ambush marketing
_________________ is a type of marketing in which a consumer is misled as to whether a company or sponsor is officially part of an event.
Work for hire
_________________ is a work prepared by an employee within the scope of his or her employment, or a work specially ordered or commissioned in certain specified circumstances.
Infringement
_________________ is an act that interferes with one of the exclusive rights of a patent, copyright, or trademark owner.
Brian Hummel
_________________ is the director of trademark licensing for LSU.
Trade dress
_________________ is the total image and appearance of a product or service.
Impasse
deadlock; owners can unilaterally institute terms
Lockout
owners prevent workers from entering work site
