Understanding Counterfeit Merchandise in Sports

Upon seeing a news story about Detroit police seizing at least $85,000 worth of counterfeit Detroit Lions merchandise over the course of the 2023 NFL season, I realized it might be worth while to explain what counterfeiting and counterfeit marks are for a few different reasons: (1) You confidently know the merchandise’s source; (2) You may be able to better gauge the merchandise’s quality; and (3) You can support the businesses that do it right!

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2024 Sports Law Hot Topics to Watch

Admittedly, saying, “It’s been a while!” is a severe understatement, but after podcasting, growing my legal practice, and going through numerous personal life events across the spectrum, I felt it was time to come back to write something that I know many people used to look forward to reading because it’s that time of the year. My past predictions have been pretty accurate despite some unpredictable events in recent years. So, let’s get this party started!

Here are what I believe will be the Top 5 sports law hot topics to watch:

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5 Things to Know Before the 2023 MLB Opening Day

The 2023 MLB regular season is almost upon us! It wouldn’t surprise me if some of you are less enthusiastic than others or are just completely indifferent about it, especially since general viewership has decreased over the past three decades with fan attendance sharply decreasing whether it be due to weather, costs, personal income relative to cost-of-living, ballpark accessibility, COVID, or the real time and emotional commitment it takes to sit through a game. Commissioner Rob Manfred has been well aware of this issue & obviously wants to grow professional baseball to continue to make more money. So, the joint Competition Committee, which was created according to the recently negotiated MLB-MLBPA Collective Bargaining Agreement & is comprised of six MLB representatives, four players, & one umpire, approved three rule changes this past October to make the game more attractive to fans by increasing the game’s pace of play and the action on the field. These rules are technically in place now during Spring Training, but these rule changes along with a couple other operational adjustments will be on full display come the regular season.

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Understanding the Right of Publicity in College Athletics - What IS the Right of Publicity?

For a brief overview discussion on the right of publicity, I created the slideshow below. I acknowledge that sometimes I can be a little long-winded or go on tangents, but that is only because I am incredibly passionate about the legal side of sports, and I love to share that passion and knowledge with others. In the series’ introduction blog post, I said I would “paint a picture of what the right of publicity is, legally speaking.” Well, here you go! I literally made images. Think of this as a baseline explanation without getting into the nitty gritty legal details - totally transparent, unbiased and objective, easily digestible, and visually appealing.

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Analyzing Michigan House Bill No. 5217 - Another College Athlete Name, Image, & Likeness Proposal

Last week, Representatives Brandt Iden (R-Oshtemo) and Joe Tate (D-Detroit) presented bipartisan legislation that would allow college athletes to be compensated for their name, image, and likeness under certain circumstances in the State of Michigan.

So, let’s get to dissecting this sucker and perform a legal analysis!

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