At last, the NCAA has changed its policy on college athletes monetizing their name, image, and likeness, also known as their NIL. Who cares if the Supreme Court forced the NCAA’s hands in Alston v. NCAA, which didn’t directly address the issue but provided clear indicia that the Court intended to deal with the issue eventually? What matters is that college athletes can finally market their valuable NIL and enrich themselves while the NCAA is enriching itself during their college careers. But, of course, no benefit comes without its risks.
Continue Reading Pitfalls Related to NCAA’s New Policy on Name, Image and Likeness

In this bonus episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the stringent trademark enforcement protection for Olympic symbols, words, and phrases as well as recent lawsuits that have reinforced that protection.
Continue Reading The Briefing by the IP Law Blog – Bonus Olympic Episode: IOC Gets Gold in Trademark Enforcement

In this week’s episode of The Briefing by The IP Law Blog, attorneys Scott Hervey and Josh Escovedo discuss the trademark litigation between Nike and a custom shoe maker, MSCHF (pronounced “Mischief”). In Nike Inc. v MSCHF Product Studio, Inc., Nike sued MSCHF over unauthorized versions of the Nike Air Max 97 featuring satanic imagery. The shoes were tied into marketing by Rapper Lil Nas X, and all 666 pairs created by MSCHF were sold.
Continue Reading The Briefing by the IP Law Blog: Nike Threatens Fire & Brimstone Over Satanic Custom Shoe Makers