Intellectual Property Law

New Matter SPRING 2014, Volume 39, Number 1

Ninth Circuit Report

Anne-Marie Dao

Miclean Gleason LLP

This issue’s Ninth Circuit Report discusses two very interesting cases. In December in Herb Reed Enterprises v. Florida Entertainment Management,1 the Ninth Circuit reversed decades of precedent in holding that the trademark owner is required to establish irreparable harm to obtain a preliminary injunction (rejecting the presumption of irreparable harm). The next case involves the right to publicity and addresses the question of whether using likeness to football players in video games is protected by the First Amendment. The Court in In re NCAA Student-Athlete Name & Likeness Licensing Litigation held that a video game manufacturer had violated the college football player plaintiff’s right to publicity.2

HERB REED ENTERPRISES, LLC V. FLORIDA ENTERTAINMENT MANAGEMENT

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