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Dreyer, Anthony J. --- "Recent Sports-related Issues in US Intellectual Property Law" [2011] ELECD 825; in Nafziger, A.R. James; Ross, F. Stephen (eds), "Handbook on International Sports Law" (Edward Elgar Publishing, 2011)

Book Title: Handbook on International Sports Law

Editor(s): Nafziger, A.R. James; Ross, F. Stephen

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847206336

Section: Chapter 16

Section Title: Recent Sports-related Issues in US Intellectual Property Law

Author(s): Dreyer, Anthony J.

Number of pages: 37

Extract:

16 Recent sports-related issues in US intellectual
property law
Anthony J. Dreyer



Licensing and sponsorship rights unquestionably have become among the most impor-
tant sources of revenue to professional and amateur sports entities, as well as to many
professional athletes. Yet these revenue streams ­ and the intellectual property rights from
which they arise ­ are under continuous attack from third parties who seek to appropriate
for themselves the value and goodwill associated with sports entities and athletes.
In the United States, recent litigation reflects the continuing struggle over the extent to
which sports leagues, teams, and athletes are able to prevent the unauthorized use of their
intellectual property rights. Whether it is a sports league's right to exploit all broadcasts of
its games or the colors and uniforms of its teams, or an athlete's right to prevent others
from using her persona for commercial gain, intellectual property rights have been and
will continue to be a heavily litigated subject for professional sports leagues, teams, and
athletes, as well as third parties looking to profit from those commercial rights without a
license or permission.
This chapter focuses on five principal areas of sports and intellectual property law that
recently have received significant attention in the press and U.S. courts. First, a series of
recent cases involving the unauthorized use of sports team colors and team uniforms are
examined. Next, the chapter looks at the recent right of publicity litigation, and the
growing tension between an athlete's right ...