[originally published on October 12, 2015 at www.law-dlc.com]
Trademarks are everywhere. Everything from a well-known slogan by a shoe company, to a famous organizational logo, to the signature color scheme or uniform of a performer can be considered as a trademark. Trademarks can take many different shapes and forms, each of which may be protected by U.S. law. The key is what can (or should be) protected and what may be enforced as the intellectual property rights of an individual or entity. U.S. trademark law allows for a multitude of ways to express yourself or identify your product to the consuming public. In fact, the law encourages this!
[originally published October 6, 2015 on www.law-dlc.com]
If you regularly watch sports or have stumbled across ESPN in the last few months, you are certain to have seen the relentless advertising campaigns by the companies DraftKings and FanDuel. These advertisements are promoting what is known as “Daily Fantasy Sports” or “DFS” for short. Fantasy sports, specifically fantasy football, experienced exponential growth in the late 1990s and early 2000s, coinciding directly with increased access to the internet and websites that served to process sports stats and information. Every major sports website now hosts thousands of fantasy leagues year-round, usually for free. The interest in season-long fantasy sports crested in the latter parts of the last decade, with millions of Americans participating in fantasy leagues every year. Some of these leagues also allow for the possibility of winning millions of dollars. Real, actual money.