In what seems to be a rite of passage for up-and-coming comedians, Golden Globe® nominee Amy Schumer was recently accused of “joke theft” by a series of fellow comedians. All puns aside, “joke theft” can be a serious matter and allegations of the same have negatively affected the careers of many comedians, including Denis Leary, Carlos Mencia, and Dane Cook. While few jokes are truly original anymore, the blatant lifting of an entire comedic performance from another often subjects the alleged thief to public shaming. In the case of a comedian with the status of Amy Schumer, that shaming can be high-profile. Many have already taken to YouTube to create comparison videos.
But is joke theft a stand-alone basis for a legal claim of copyright infringement?
Yes, yes it can be. Please allow me to explain…
On January 12, 2016, the National Football League approved by near unanimous vote the re-location of the Rams from St. Louis to Los Angeles. Los Angeles has not been home to an NFL team since the Rams and the Raiders both left after the 1994 season. In addition to the Rams, the San Diego Chargers also have the option to move to Los Angeles before the 2017 season, which seems likely. The Los Angeles Rams are back in business. NFL Hall of Fame running back (and fellow SMU Mustang!) Eric Dickerson seems pleased with the news:
Not surprisingly, the Los Angeles Rams Football Company, by way of the St. Louis Rams LLC, has already taken steps to ensure that the LOS ANGELES RAMS trademark rights are active and the federal registration has been renewed. But there remain other trademark issues that arise from this news of relocation.
Two trademark applications have recently caught my attention. Both involve NFL players and their offhand comments that have become accidental catchphrases. I highlight these two as a means of underscoring the recent trend among athletes to seek to register trademarks of all kinds. Most of these marks, unfortunately, have limited commercial value and a short lifespan for relevance among the consuming public. While I am a champion for protecting your trademark rights, these two particular applications strike me as nothing short of absurd.
Please allow me to explain…