Intellectual Property Law
New Matter WINTER 2014, Volume 39, Number 4
Content
- 2015 New Matter Author Submission Guidelines
- Contents
- Copyright Interest Group
- Entertainment and Sports Law Interest Group
- Federal Circuit Review
- Intellectual Property Section Executive Committee 2014-2015
- Intellectual Property Section Interest Group Representatives 2014-2015
- International Ip Developments
- Legislation Update
- Letter from the Chair
- Letter from the Editor-in-Chief
- Licensing Interest Group
- MCLE Self-Study Article
- Ninth Circuit Report
- Patent Interest Group
- Report of the Delegation of the Intellectual Property Law Section of the State Bar of California to Washington, D.C.
- Technology, Internet, and Privacy Interest Group
- The Licensing Corner
- The Practice Note
- The State Bar of California Intellectual Property Alumni
- Trade Secrets Interest Group
- Trademark Interest Group
- Case Comments
Case Comments
Lowell Anderson
Stetina Brunda Garred & Brucker
ANTITRUST
This suit alleges that the NCAA restrains competition by preventing Division I schools from offering recruits a portion of revenue from football and basketball broadcasting and videogame licenses in the college education market and the group licensing market. The NCAA’s proposed justifications of protecting amateurism, promoting balance among teams, integrating education and athletics raised fact issues for trial. But supporting women’s sports was not justified and dismissed on summary judgment. Also, "taken together, Zacchini and Wisconsin Interscholastic make clear that the First Amendment does not create a right to broadcast an entire athletic performance without first obtaining a license or consent from all of the parties who hold valid ownership rights in that performance." The "broadcast of entire Division I football and basketball games do not constitute commercial speech." These two cases also "make clear that the First Amendment does not bar Division 1 student-athletes from selling group licenses to use their names, images, and likenesses in live or recorded broadcasts of entire college football and basketball games." The case is proceeding toward trial. In re NCAA Student-Athlete Name & Likeness Licensing Litig, 111 USP2d 1339 (N.D. Cal. 2014).