In 1975, Pepsi-Cola launched an advertising program in which patrons at shopping malls all over the United States engaged in a blind taste test of Coke and Pepsi. The results tended to favor Pepsi and “the Pepsi challenge” was an important feature of Pepsi-Cola’s advertising in 1975. Although the “Pepsi challenge” is a famous example
Even though college athletes now have the ability to enter into name, image, and likeness deals and to be paid for the use of their NILs, most colleges and universities have made the decision to stay out of the deal making process. Ohio State, however, has decided to go against that trend. It recently announced
College athletes are not the only non-professional athletes signing NIL these days. High school athletes in five states (California, New York, Nebraska, New Jersey, and Alaska) can now also sign NIL deals. Taking advantage of this opportunity, Joey Spallina, the number one ranked high school lacrosse player in the nation and a Syracuse lacrosse commit
In order to “promote the progress of science and useful arts,” the U.S. Constitution (Art. 1; Sec. 8) gives Congress the authority to secure the exclusive rights to their creations and discoveries to authors, artists, and inventors. Although filing a copyright registration is not a “one-click” operation, depending on the complexity of the particular filing,
Global Association of Risk Professionals (GARP) features Braden Perry, among other experts, in an article regarding the Anti-Money Laundering Act extension. The Anti-Money Laundering Act of 2020 recently widened their scope by including news rules on trade in antiquities. This act has considerable financial industry support for provisions and brings more entities and transactions into
(No actual communications are presented in this blog; they are fictionalized) I was working on a trademark filing the other day, and I shot an email to my client: We need a specimen that shows that your product is in use in commerce in association with your trademark. Please send a picture or a
College sports are currently facing a number of legal and regulatory issues related to name, image, and likeness laws and policies and the collegiate athletics model in general. Kennyhertz Perry attorney Mit Winter recently joined sports journalist and radio host John Canzano on his Bald Faced Truth podcast to discuss some of these issues. Among the issues
NCAA college athletes gained the ability to monetize their name, image, and likeness on July 1, 2021. Since that time, there has been a flurry of action around NIL with athletes entering into thousands of deals, NIL collectives being established, and schools providing various NIL services for their athletes. At the same time, there is
NCAA college athletes have been able to be paid for name, image, and likeness (NIL) deals for only a little more than six months. With the NIL industry and market in its infancy, 2022 will likely bring a lot of change. Kennyhertz Perry attorney was recently one of 13 NIL experts that On3 Sports spoke
Kennyhertz Perry attorney, Mit Winter, was named Influential Lawyer of the year by Missouri Lawyers Media. This award goes to the newsmakers who have substantially contributed to the legal community this year. As a former Division I college athlete, Mit brings his own personal experience to the table when working with collegiate sports clients. He’s been
The Kansas City Business Journal releases a list each year for top insurance, law, management consulting, accounting, and employment firms in the area. Kennyhertz Perry is honored to be listed as one of the top law firms in Kansas City for the second year in a row. To view this list in full: https://www.bizjournals.com/kansascity/subscriber-only/2022/01/21/law-firms-in-kansas-city-area.html About
Miramax, the studio that produced Pulp Fiction, filed a lawsuit against director Quentin Tarantino for allegedly committing copyright infringement, trademark infringement, breach of contract and unfair competition over the upcoming sale of a “Pulp Fiction” non-fungible token (NFT) collection. According to the suit, the studio previously served the director’s team a cease-and-desist letter to block
