Game of Amateurs, Season 148, Episode 9: Battle of the OSUs

I know what you are thinking. "Why would I care about anything related to Ohio State?" Ok, my Wolverine ego may be slightly kidding, but in all seriousness, this trademark question is significant because the outcome can affect other universities. For example, what if in addition to the list of registered marks like the Standalone Block M, the University of Michigan attempted to file an application for "U of M" or "UM" to be a federal registered trademark (®) rather than asserting that it is merely a protected trademark that is not registered (™)?

In a world where college athletics is undeniably a business - a BIG business, at that - and where the NCAA itself has trouble justifying its own regulations, laying down the law on who can do what actions (that, FYI, all come down to making money) and where they can or cannot do those actions lawfully will have inevitable consequences. For those of you who have not heard, Ohio State filed an application with the United States Patent and Trademark Office (USPTO) for "OSU" to receive federal trademark protection back in February. Specifically, Ohio State wants to register its trademark to protect against unlawful uses on apparel. Each portion of the application information below is meaningful. So, take note, because we will define trademarks, draw out their metes and bounds, speculate on why Ohio State would file an application with the United States Patent and Trademark Office (USPTO), and demonstrate how the Battle of the OSUs can impact the business of college athletics.

On This Day in Sports Law History: August 3, 1949

Not only is it the One True G.O.A.T.'s 40th birthday today (S.O. to Tom Brady - Happy Birthday!) but it is an important day in sports law history.

Happy 68th Birthday, NBA! Here's to another year closer to Space Jam becoming real.

On August 3, 1949, the Basketball Association of American merged with the National Basketball League to create the National Basketball Association. Today, we recognize the NBA as the major men's professional basketball league in North America (not just the United States since the league has been international since conception) and, dare I say it, the premier men's professional basketball league in the world! *GASP* So, let's take a look at the parent leagues which birthed the product bearing the world's highest paid athletes (based on average player salary per player).

Guest Post - Rex Shield

Since the U.S. Court of Appeals for the Ninth Circuit handed down their decision in O’Bannon v. NCAA, the discussions surrounding college athletes’ name, image, and likeness have come to the forefront, and rightfully so. As such, a former University of Central Florida football player, Jah Reid (not to be confused with Jah Rule, of course) sued the university’s athletic department — formally referred to as the UCF Athletics Association (“UCFAA”). His attorney filed a complaint with the Orange County (FL) Circuit Court on May 12. Additionally, Reid named Rise and Conquer LLC (“Rise and Conquer”) as a defendant. Scott Frost, UCF’s Head Football Coach, serves as Rise and Conquer’s de-facto CEO, according to online records.

Ezekiel Elliott Pulls Down A Woman's Shirt At Dallas St. Patrick's Festivities

Off the field, 2017 is not looking any better on Ezekiel Elliott than 2016 did. While partaking in Dallas' St. Patrick's festivities this past weekend, he reaches over to the woman next to him and pulls down her shirt, exposing her breast. He did not stop there, though. Again, he proceeded to attempt the move for a second time, but she batted his hand away from her.

It is irrelevant whether this woman wanted to show other people her breasts in public, and it is irrelevant whether this woman decided to hang out with him later in the day. What does matter is that Zeke grabbed her shirt and showed her breast to the world and then proceed again in a second attempt, evidently without her consent either time as she quickly pulled up her shirt the first time and slapped his hand away the second time.

Based on the evidence made public thus far, this woman could have a misdemeanor assault or battery claim against Elliott. Each state expresses its own essential elements for what constitutes assault and battery whether it be a misdemeanor or criminal charge, but the general idea is consistent across the board.

Jaime, NFLJaime MiettinenMarch 15, 2017domestic violence, assault, battery, Ezekiel Elliott, St. Patrick's Day, Chicago, feminism, NFL InvestigationComment

Why I Changed My Mind & Believe eSports is a Sport, Part 4: The Argument

Everything from Parts 1, 2, and 3 come together here and now. Heck, maybe I have even convinced you already that eSports is positively a "sport" merely by exposing you to the basics of this relatively new activity that is still in its infancy. Let's dive into the nitty gritty argument, though, because this is what us lawyers like to do. Plus, I genuinely believe that every sports fan should be open to learning about eSports and hear this out:

Jaime, eSportsJaime MiettinenMarch 1, 2017esports, cloud 9Comment

Why I Changed My Mind & Believe eSports is a Sport, Part 3: The eSports Structure

Here we go with Part 3 in this four-part argumentative series. The eSports competition structure is quite different from traditional sports, though there are certainly parallels that raise it to an equivalent level. In my opinion, I believe that traditional sports could actually learn something from the eSports structure. So, to illustrate the last bit of facts before advancing my argument as to why eSports is a sport by applying facts to the definition's elements, I will break it down into two pieces: (1) the league structure, and (2) the overall business structure.

Jaime, eSportsJaime MiettinenFebruary 25, 2017esports, league of legends, counter-strike, Riot, Valve, TwitchComment