Trademark Law

In sports the brand image is everything. A key to being successful is to high fan identification with your team. A key component of this identification is the name, logo, and colors of the team. Since these are crucial to a successful sports organization they are often trademarked. A trademark includes “any word, name, symbol, or device, or any combination thereof…used by some entity to identify and distinguish the services of one person, including a unique service, from the services of others and to indicate the source of the services, even if that source is unknown.” This means that thing such as a team name or logo is protected under federal law and cannot be used without the owner’s permission. By doing so they would be infringing on the team’s trademark and potentially causing harm to owner in several ways. One way is the loss of potential revenue that occurs when people sell unlicensed apparel. For example, this is common when a team wins a championship as many individuals see a chance to make a quick buck and create their own t-shirts and sell them without the team’s permission. After the Saints won the Super Bowl there were street vendors on corners or in front of grocery stores selling unlicensed apparel.

While trademark laws are definitely needed and effective it can also have its drawbacks. In 1997 the Houston Oilers moved to Tennessee and eventually changed their name to the Titans. However, owner Bud Adams refused to relinquish the trademark on the name Oilers. So when the city of Houston was awarded an NFL team they were unable to use the name. This was devastating to the fan base who loved the name, logo, and colors. Football didn’t seem the same if they couldn’t be called the Oilers. By contrast the former Cleveland Browns owner allowed the trademark to transfer to back when the city was awarded an expansion team. After a few years people had forgotten that the Browns ever left. However this is one of the few downsides to trademark law in sports. Since licensing of the team name, colors, and logo is such a large source of revenue it is important that they be protected at all costs.

Link:

http://sports.espn.go.com/nfl/news/story?id=6424084

A judge rules in favor of the players in the NFL lockout dispute. This is interesting because perhaps it clears the way for the NFL to resume normal operations and not cause any games to be cut this season.

Sports Broadcasting Act

Established in 1961, the Sports Broadcasting Act allows professional football, basketball, hockey, and basketball to pool and sell their rights in sponsored telecasts of games. This act allows the pooling of these television rights to be exempt from the Sherman Antitrust Act. This enables teams to put their separate rights together in a single package so the league can sell that package to a single television network such as FOX or ABC. This is designed to protect home ticket sales and allow teams to share the revenues. It also has been interpreted to include what are called “blackout rules” which protect the home team from competing games broadcast into its home territory on days when it is playing at home. The focus on “sponsored telecasts” has been interpreted to ensure free local and national broadcasts of games. However, paid broadcasts on cable and league agreements with cable broadcasters are not covered by the antitrust exemption.

In recent years validity of the NFL’s antitrust exemption under THE Sports Broadcasting Act has been called into question. The issue occurred when the NFL began to run live games on its own NFL Network. They then sell the rights to carry NFL Network to cable and satellite providers at a high cost. This has angered cable companies such as Comcast and they feel that the NFL’s antitrust exemption should be repealed. The NFL counters that they are the only professional league that broadcasts all of its local market games on free over-the-air broadcast. The NFL claims they do not run afoul of the antitrust laws because they are “pro-competitive” and expand choices for consumers.

LINK:

http://sports.espn.go.com/mlb/news/story?id=6384863

Reds pitcher Mike Leach was arrested for shoplifting in downtown Cincinnati and accused of stealing six shirts. The obvious reason this is interesting is because it is a player who makes over 450,000 per year and is stealing shirts. There has to be something more to the story that is not being reported, or maybe he is just not very smart.

OSHA

OSHA or the Occupational Safety and Health Act is a law that was enacted in 1970 and is designed to protect employees and reduce workplace hazards. There are two primary purposes for the law: to require employers to meet specific, federally mandated, safety standards, and also to impose a general duty on employers to keep their workplace safe. There are several organizations which enforce these mandates and they are the National Institute for Occupational Safety, the Occupational Safety and Health Review Commission, and the Occupational Safety and Health Administration or OSHA. OHSA is the most recognizable and enforces the standards in many hazardous industries such as trucking, the oil industry, and manufacturing. OSHA would also oversee the safety of a sports arena such as the Frank Erwin Center.

The risks of working in an arena like the Frank Erwin Center are numerous. With such a large facility it can be easy for safety hazards to go unnoticed or unchecked. Fire is a concern for any facility, but in a place like the Irwin center in which there are numerous cooking establishments, flammable materials, and a maze of electrical connections the potential is always high. The numerous wiring and electrical demands of the arena also provide multiple ways for employees to be shocked, tripped, or injured in a malfunction of equipment. Forklifts are often used to move heavy equipment in arenas and they can extremely dangerous if not operated or maintained properly. Also, slips, trips, and falls are a constant hazard in such a large facility where there are numerous stairways, wet bathroom floors, and multiple points of entry. These must be monitored and floor mats or caution signs are needed to prevent injury and liability. Probably the most common way in which an employee could be hurt at the Erwin Center would be the mishandling of materials. Employees often move heavy boxes and equipment which could easily injure a back, shoulder, or knee if not lifted and transported properly. The potential hazards at a stadium are numerous so it is a large task to make sure that all aspects of the arena fit with OSHA’s strict standards.

Link:
http://sports.espn.go.com/ncb/news/story?id=6330566

University of San Diego player and coaches are indicted in a point shaving scandal. This is interesting because it furthers the stereotype that basketball is a rigged sport. It can’t shake these allegations which turn many people away from the sport. If people wanted to watch a sport where players or throw games or referees make unfair calls and seem biased. I love basketball but these things are becoming increasingly hard to ignore.

Due Process

The Fifth Amendment of the Constitution states that “no person shall…be deprived of life, liberty or property without the due process of law.” However, sometimes the government must restrict people in their actions, profession, or in regard to their possessions. When this occurs there is a process that must be undertaken and is designed to ensure fairness and impartiality before the government restricts life, liberty, or property. There are two types of due process: Substantive due process, and procedural due process.

Substantive due process concerns the substance of the actual rule or regulation in question. People are protected from unreasonable rules and regulations, so when someone alleges a violation of substantive due process then they are challenging the content and application of the rule. The government can overcome a substantive due process challenge if it can show a rational basis for the rule or regulation that is being called into question. The rational basis standard is the lowest standard of court scrutiny. While substantive due process concerns the rule itself, procedural due process concerns the procedures used to enforce the rule. If someone alleges a procedural due process violation they are not challenging the rule itself but rather the way in which it was applied to them. In any case concerning the deprival of life, liberty, or property they are required some form of due process, however, the amount varies on a case to case basis. Minimum due process is usually used in situations where both the offense and penalty are both minor. Minimum due process includes: a statement of the specific violation, notice of the sanctions that will be imposed, and an opportunity for the accused to comment. Conversely, maximum due process is used in severe circumstances such as a murder trial, and as a result the process is much more thorough. Maximum due process requires: a written notice of a hearing, a written statement of the charges, provision of an adversarial hearing (a hearing or trial where both sides can present arguments and have the matter heard by one or more neutral decision makers), a written or audiotaped record of the proceedings, and the right to appeal. Usually most due process cases fall somewhere in between minimum and maximum due process so the procedural requirements are flexible and dependent on the facts of each case.

Link:

http://sports.espn.go.com/nfl/news/story?id=6292476

Kansas City Chiefs linebacker Mike Vrabel is arrested for theft at a casino. The story is unclear about what he actually did to be arrested for felony theft, but it is just a strange story to me. I don’t understand how you could be charged with theft at a casino, they are pretty careful with their money.