What does trademark law protect? Provide two sport examples.
A trademark is a distinctive name, symbol, or design that legally identifies a company and its products, or services, and prevents others from using identical or similar marks. The basic purpose of trademark law is to prevent consumer confusion such as a company not affiliated with nike using their swoosh to make more sales. Trademark law is designed to protect merchants reputation and goodwill in the consumer's mind and therefore able to prevent other users from using a similar mark that may cause confusion.
One example of trademark law would be another football team coming into the NFL and using a star as their logo. This symbol has already been used and trademarked by the Dallas Cowboys and another team using the same symbol would likely cause confusion. The Dallas Cowboys would be protected by this law and the other team would be forced to change their logo to something more distinctive.
Another example of trademark law would be a company using a swoosh to identify their products. Nike has already established that this is their logo and anything that is close to that on other products would confuse the consumers as to who is actually selling the product. Since the symbol is trademarked, the company would be forced to change their symbol to avoid confusion.
http://sports.espn.go.com/ncaa/news/story?id=6430091
This article is talking about how various Division I schools are distorting their figures to comply with Title IX. This federal legislation is designed to create equal educational opportunities for women and schools who are not in compliance will face serious consequences if the guidelines are not met. Schools were doing such things as counting women who were unqualified players as real players, counting people on the men's practice squad as women, and counting women as full time players who were no longer competing.
Tuesday, April 26, 2011
Tuesday, April 19, 2011
Blog Question #10
What is the Sport Broadcasting Act and how does it apply to the NFL?
The Sport Broadcasting Act of 1961 permits joint broadcasting agreements among the major professional sports. This allows the selling of package deals to television networks. The act also includes "blackout rules" which apply to teams playing at home who are having trouble with attendance. These rules "blackout" other competing game broadcasts to entice the local people further to either watch the local game being broadcast or attend the games in their area.
This act relates to the NFL because it was based off a court's ruling that the NFL's method of negotiating television broadcasting rights violated antitrust laws. The court ruled that giving a certain television network the exclusive rights to broadcast all NFL games was illegal. This act overrules this decision, as you can see from earlier, and allows the NFL, as well as other professional sports teams, to package their game to certain television networks. This is why you see NFL games only being broadcast on certain channels such as CBS, NBC, Fox, and recently ESPN. The NFL does strictly enforce the "blackout" rule also to ensure that stadiums are filled out and sold.
http://sports.espn.go.com/mlb/news/story?id=6384863
Mike Leake of the Cincinnati Reds was arrested on a shoplifting charge, accused of stealing 6 shirts from a department store worth a total of $59.88. Leake currently makes $425,000 in his second season in the majors and doesn't deny the charges. He apologized for the distraction, but it appears he actually tried to steal these shirts even though he makes well into the six figures. This charges carries a maximum of 180 days in jail which I'm sure he will not serve any of.
The Sport Broadcasting Act of 1961 permits joint broadcasting agreements among the major professional sports. This allows the selling of package deals to television networks. The act also includes "blackout rules" which apply to teams playing at home who are having trouble with attendance. These rules "blackout" other competing game broadcasts to entice the local people further to either watch the local game being broadcast or attend the games in their area.
This act relates to the NFL because it was based off a court's ruling that the NFL's method of negotiating television broadcasting rights violated antitrust laws. The court ruled that giving a certain television network the exclusive rights to broadcast all NFL games was illegal. This act overrules this decision, as you can see from earlier, and allows the NFL, as well as other professional sports teams, to package their game to certain television networks. This is why you see NFL games only being broadcast on certain channels such as CBS, NBC, Fox, and recently ESPN. The NFL does strictly enforce the "blackout" rule also to ensure that stadiums are filled out and sold.
http://sports.espn.go.com/mlb/news/story?id=6384863
Mike Leake of the Cincinnati Reds was arrested on a shoplifting charge, accused of stealing 6 shirts from a department store worth a total of $59.88. Leake currently makes $425,000 in his second season in the majors and doesn't deny the charges. He apologized for the distraction, but it appears he actually tried to steal these shirts even though he makes well into the six figures. This charges carries a maximum of 180 days in jail which I'm sure he will not serve any of.
Monday, April 11, 2011
Blog Question #9
What is OSHA and its purpose? Please give an example of possible risks associated with working for an arena like the Frank Erwin Center.
OSHA stands for the Occupational Safety and Health Act which is the most common and arguably most important law providing for the safety of employees. This federal law, has a two fold purpose: to require employers to meet certain specific, federally mandated, safety standards and to impose a general duty on employers to keep their workplace safe.
Health hazards that employees might face in the work environment include sudden cardiac arrest, heat-related illness, carpal tunnel syndrome, heavy equipment related injuries, blunt trauma, chemicals, and blood-borne pathogens.
Possible risks associated with working for an arena like the Frank Erwin Center may include injuries from moving equipment and setting up, terrorist acts on facilities packed with a lot of people, injuries related to large crowds moving quickly at once, or injuries related to fatigue in the workplace.
http://sports.espn.go.com/ncb/news/story?id=6329726
Ex-Kansas University official Thomas Blubaugh sentenced to 4 years in prison for his part in a 2 million dollar ticket scam conspiracy. He was also forced to pay back 1.1 million dollars in restitution to the University and the Internal Revenue Service. Blubaugh did not try and defend his actions, but said that he was embarrassed by his actions and sorry for his children.
OSHA stands for the Occupational Safety and Health Act which is the most common and arguably most important law providing for the safety of employees. This federal law, has a two fold purpose: to require employers to meet certain specific, federally mandated, safety standards and to impose a general duty on employers to keep their workplace safe.
Health hazards that employees might face in the work environment include sudden cardiac arrest, heat-related illness, carpal tunnel syndrome, heavy equipment related injuries, blunt trauma, chemicals, and blood-borne pathogens.
Possible risks associated with working for an arena like the Frank Erwin Center may include injuries from moving equipment and setting up, terrorist acts on facilities packed with a lot of people, injuries related to large crowds moving quickly at once, or injuries related to fatigue in the workplace.
http://sports.espn.go.com/ncb/news/story?id=6329726
Ex-Kansas University official Thomas Blubaugh sentenced to 4 years in prison for his part in a 2 million dollar ticket scam conspiracy. He was also forced to pay back 1.1 million dollars in restitution to the University and the Internal Revenue Service. Blubaugh did not try and defend his actions, but said that he was embarrassed by his actions and sorry for his children.
Tuesday, April 5, 2011
Blog Question #8
Define and Discuss the two types of due process procedures used to enforce a rule or regulation.
Due process refers to the legal practices and procedures that must be followed in order to deprive somebody of his or her natural rights.
Procedural Due Process - refers to the steps that must be followed during a court case or similar procedure. Even when a person is being prosecuted for a crime, that person has rights that must be respected for a person to have a legal verdict brought against him or her. If a person is not given these rights, but is convicted, they can be set free in order to uphold the importance of these rights.
Substantive Due Process - refers to the ability of courts and other legislators to decide that a law violates the rights of the people. Meaning that if a law is passed that violates or deprives the rights of the people, then that law can be ruled unconstitutional and be shot down. This is enforced in order to maintain the rights of the people.
http://sports.espn.go.com/nfl/news/story?id=6292476
Kansas City Chiefs player Mike Vrabel was arrested for theft Monday at a casino in Indiana. He was charged with a Class D felony which is the lowest level of felony charge in Indiana. He was seen by a gaming agent taking bottles of beer from a deli within the casino without paying for them. He describes the situation as one big misunderstanding and believes that once he talks to the proper authorities the situation will be resolved.
Due process refers to the legal practices and procedures that must be followed in order to deprive somebody of his or her natural rights.
Procedural Due Process - refers to the steps that must be followed during a court case or similar procedure. Even when a person is being prosecuted for a crime, that person has rights that must be respected for a person to have a legal verdict brought against him or her. If a person is not given these rights, but is convicted, they can be set free in order to uphold the importance of these rights.
Substantive Due Process - refers to the ability of courts and other legislators to decide that a law violates the rights of the people. Meaning that if a law is passed that violates or deprives the rights of the people, then that law can be ruled unconstitutional and be shot down. This is enforced in order to maintain the rights of the people.
http://sports.espn.go.com/nfl/news/story?id=6292476
Kansas City Chiefs player Mike Vrabel was arrested for theft Monday at a casino in Indiana. He was charged with a Class D felony which is the lowest level of felony charge in Indiana. He was seen by a gaming agent taking bottles of beer from a deli within the casino without paying for them. He describes the situation as one big misunderstanding and believes that once he talks to the proper authorities the situation will be resolved.
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