1. Best Publicity Rights and Lanham Act Claims for Tripper against Topcat and AND1.
Topcat’s “My Trip with Tripper violates Woody’s right of publicity and the Lanham Act, because Topcat is using Tripper’s plaintiff’s character and likeness for Topcat’s purely commercial purposes without consent, and he is using Tripper’s trademark in ways that imply Tripper’s endorsement of Topcat’s poster. Thus, Tripper should be afforded a permanent restraining order to prevent Tripper and AND1 from selling the poster, and he should additionally be awarded the monetary damages for the losses from the inability to secure other endorsement deals and a poster agreement with Panini due to Tripper’s damages reputation that resulted from Topcat’s
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Id; See Abdul-Jabbar v. Gen. Motors Corp.; Eastwood v. Superior Court of Los Angeles County. Here, Tripper clearly represents a famous athlete due to his winnings, signature trappings, and his social media presence during the NCAA incident and after that. Furthermore, Topcat’s sale of the posters to AND1, as well as, dissemination of posters along with Tripper’s shoes indicates that Topcat’s primary purpose is to commercialize Tripper’s image for his own gain. Tripper should also assert a policy argument stating that he needs to be afforded protection against false suggestions of endorsement or sponsorship because it is imperative for athletes, such as himself, to protect their valuable existing and potential contracts to prevent the brands from dropping out of the contracts with the athletes due to their tarnished or diluted image and likeness. See RPA at 127; and class discussion about Michael Jordan litigating abroad to protect his signature shoes. Similarly to Michael Jordan, Tripper has a signature shoe and has a signature style on the court that contributes to his likeness and image in the eyes of consumers. Furthermore, the indefinite halt of his potential poster contract with Panini signifies that Topcat’s posters prevent Tripper from entering into a legitimate contract with Panini. Moreover, the other companies retracted from offering Tripper endorsement
Traditionally history of the Americas and American population has been taught in a direction heading west from Europe to the California frontier. In Recovering History, Constructing Race, Martha Mencahca locates the origins of the history of the Americas in a floral pattern where migration from Asia, Europe, and Africa both voluntary and forced converge magnetically in Mexico then spreads out again to the north and northeast. By creating this patters she complicates the idea of race, history, and nationality. The term Mexican, which today refers to a specific nationality
But, omnisciently speaking, both entities faced severe scrutiny and criticism from United States and international citizens for their capitalistic business practices. Furthermore, a vast number of American citizens, mainly teenagers, had been killed over Nike Air Jordan sneakers because of their high price tag, while the cost to produce the shoes were rapidly declining due to Nike’s unprecedented offshore production. Bill Bigelow’s, The Human Lives behind the Labels: The Global Sweatshop, Nike, and the Race to the Bottom accurately portrays this capitalistic mentality when mentioning, “children as young as 6 are ‘sold and resold like furniture, branded, beaten, blinded as punishment for wanting to go home...’ For pennies an hour, these children work in dank sheds, stitching soccer balls with the familiar Nike swoosh and logos of other transnational athletic equipment companies” (Bigelow, 113). What is most disturbing to fans of Nike and Jordan were their comments and proposed remedies on the matter. Essentially, Jordan did nothing to curtail the number of kids being killed for his shoes and, as far as his affiliation with capitalistic Nike, Jordan did not want to cause any kind of rift between himself and the corporation that made him millions
It is known to be true that the best endorsements achieve a deriving ideas, style and taste between the product and the celebrity. Giving a brand an appearance is more than just a marketing strategy to increase sales; it is a decision that can change the outcome of the brand for the
The legal dispute between the National Football League’s Seattle Seahawks and Texas A&M University over the exploitation of the slogan “12th Man” is not only a respectable example of the significance of brand loyalty, but it is also an important case that proves the importance of having a strong brand equity. Both sport organizations take considerable pride in their supporters and fans, who they realize is the backbone of their success as an organization/ corporation. Texas A&M University’s claim over the use of the phrase “12th Man” was arguable but they stood their ground when the Seahawks defied the University’s letter to discontinue their usage of the phrase. The TAMU Vice President for Communications was protected under the Federal Trademark Act of 1946, which had the purpose of defending the right of the owner to protect the mark that symbolizes their respective organization. The case between the two warring sport properties (which was ultimately settled out of court) proved the importance of brand equity and the benefits of it as well—one major benefit being the licensing and merchandising opportunities to sell to other organizations. In exchange for the Seahawks to use the 12th man trademark, they had to pay a $100,000 licensing fee plus, publicly
This organisation specialises in sports apparel and accessories. This sport based business sells items within sports such as Football, Rugby, Golf, Basketball, Cricket, tennis, athletics and pretty much every other sport. However, I feel they are extremely notorious for their very professional and popular football boots. For example, Nike have earned international success and have worked with the likes of Ronaldinho, Ronaldo, Cristiano Ronaldo, Didier Drogba, Neymar, Zlatan Ibrahimović, Mario Balotelli, Wesley Sneijder, Wayne Rooney and Landon Donovan in regards to promoting their Football related range of goods. However, in regards to my product, Nike has formed many advertising schemes with players such as Zlatan Ibrahimović (left) and
The athlete can be trusted – We have numerous examples of athletes that have embarrassed the companies that they endorse. The largest and most recent is Tiger, but even mom-and-pop stores need to do their due diligence before they sign an endorser. Nike could sit back and weather the storm, but smaller companies might not be able to. (Miller)
An owner of a “famous and distinctive” mark is entitled to an injunction against an infringer if the user of the mark is “likely to cause dilution of the famous mark”. Starbucks Corp v. Wolfe’s Borough Coffee Inc., 477 F3d 765,766 (2d Cir. 2007).
In the United States, trademark law does not steam from the Intellectual Property Clause of the Constitution. Congress’ power to regulate commerce empowers its ability to grant monopolies to business with the purpose of protecting consumers, laying the foundation element of use in Trademark. The use requirement is necessary for congress to be able to exercise its power to regulate.
Could you imagine a world where everything is perfect? A place where people don't age and live over one hundred years? In his short story 2BR02B, Kurt Vonnegut tells about a utopian Earth, with no wars, famine, poverty, or prisons. But the utopia he describes slowly turns into a dystopian world, as in order to keep the population under control, a person must die for a newborn baby to live. Therefore, the theme of this story is “beauty is only skin deep.” After reading this, can you still imagine a perfect world?
The athletic shoes industry has been a very successful industry throughout the years. But with every successful industry there’s ethical problems that some companies create in the athletic shoes industry. That’s where the shoes company Skechers comes in. Skechers started a new campaign about their new shoe line up called Skechers Shape Ups. One of the campaign’s commercials has some ethical problems that violated one of the Standards of Practice of the AAAA which is, false or misleading statements or exaggerations, visual or verbal, that needs to be addressed to make sure that these ethical problems don’t happen again by the same company or other companies in the industry. Some might believe that the Skechers Shape Ups campaign
With the cost of celebrity endorsement deals reaching astronomical highs, one has to address the effectiveness of such
The purpose and intent of this paper is to describe the legal, cultural, and ethical challenges that face the Nike Corporation in their global business ventures. This paper will also touch on the roles of the host government and countries where Nike manufactures their products and the author will summarize the strategic and operational challenges that Nike managers face in globalization of the Nike product.
For example, the Coca-Cola adopted the celebrity endorsement strategy for its organic product Powerade and offered a five-year contract to Michael Jordan National Basketball Association star. PepsiCo in response to this offer reacted and aggressively and offered him a contract of 10 years with a better deal without considering that whether the career of Michael Jordan will last for 10 years or otherwise. Gatorade and Powerade have several other endorsement deals for other celebrities. It can be assumed that Gatorade has the potential to grow exponentially within the Canadian market. Research finds that organic sales in Canada have tripled in a six-year period (Canadian Grocer Staff, 2013).
This bad public image has led to loss of existing customers and potential customers switching to more ethical brands. Nike’s marketing team has had to make it a big priority to counter any negative publicity and re-focus consumer’s attention on what they are doing about the allegations.
As the political situation is stable, so its better for business to invest money in securely. In that case, there is no political bad affect in Nike business in the united kingdom.