Case Citation: Bouchat 2010, 619 F.3d at 317
Parties: Frederick E. Bouchat v. Baltimore Ravens Limited Partnership
Facts: Frederick E. Bouchat, an amateur artist, created drawings of insignia that he imagined might be used by the new football team (Ravens) depending upon the name selected. Bouchat prepared a drawing for the Baltimore Ravens team referred to as the “Shield Drawing.” A copy of the Shield Drawing was sent by Bouchat to the head of the Baltimore Stadium Authority. Shortly after the drawing ended up with the commercial artists who worked for the National Football League. The artists for the NFL infringed Bouchat's copyright by copying the Shield Drawing and creating what is now referred to as the "Flying B Logo." The Baltimore Ravens then used the Flying B Logo as the teams' primary logo during 1996, 1997, and 1998. Procedural History: Bouchat contacted a lawyer in August 1996m he obtained copyright registration for his shield drawing. In May of 1997 Bouchat filed his lawsuit against the Ravens and NFL for infringing his copyright. In November of 1998, the jury rendered a decision in favor of the plaintiff in respect to his shield drawing. This decision prompted the defendants to file
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Even though the first factor is considered the most important, all four factors are weighed together in each and every case. After analyzing Bouchat's claim against the Baltimore Ravens and the NFL, the trial court found that the use of the "Flying B" logo was fair and therefore did not infringe upon his
For this assignment, we learned that Maurice Clarett filed a case against the NFL where he argued that the NFL’s three-year rule acted as an unreasonable restraint in violation of the Sherman Antitrust Act and the Clayton Act. On the other hand, the NFL argued that its three-year rule was covered from the antitrust laws by the nonstatutory labor exemption. First, the case was reviewed by the district court which concluded that the NFL's eligibility rules violated antitrust laws by requiring the player to wait at least three years before entering the NFL draft and that the eligibility criteria was not immune from those antitrust laws. The court favored Clarett making him eligible for the 2004 NFL Draft.
The earliest member of the Bohrer Family, of which we can locate on records, was a man named Abraham Bohrer. He was born in Germany on December 14, 1717. He had a wife, Anna Lucy Schuster, and four children all by the name of “John.” They boarded an unidentified immigration boat and docked in Baltimore, Maryland on September 11, 1750. His occupation was a farmer and hoped for a better life and in search for religious freedom. He died on October 12, 1759. He was just 42.
Second of all, the designers incorporated the Baltimore skyline with its open style “park” as opposed to the bowl style prevalent in the 1970’s.
The students’ parents believed the issue was still unresolved so they hired attorneys to try the case in court. The lawsuit asked for two things; the first was an injunction to stop the school from enforcing the rule prohibiting the black armbands. They had also requested nominal damages which was a small amount of money sought for the violation of the plaintiff’s rights. In this case, nominal damages equaled one dollar (Farish, 33). The first trial took place in July 1966 and was tried by only a judge. There was no jury involved (Farish, 38). Five weeks later the judge returned with his decision; the plaintiff’s request for injunction and nominal damages was denied. The Tinkers were still not satisfied with the outcome and decided to appeal to the next higher court which was the Eighth Circuit. Meanwhile back in Des Moines, Iowa the community reacted angrily to the act of the students while the trial was taking places. Mary Beth Tinker recalls red paint being thrown at the Tinker residence and threatening phone calls (Farish, 41). When the trail in the Eighth Circuit had finally concluded, it had ruled that the Tinkers had lost yet again. The case was then taken to Supreme Court after careful consideration by both sides’
In the past few years, the controversy over Native American and other racial sport names or mascots have become an uproar. The main sport teams that are being targeted due to controversial mascots are programs having names dealing with Native Americans. Many teams are well known programs such as the Atlanta Braves, Cleveland Indians, and the Washington Redskins. The Redskins are receiving the most heat from racial groups. According to Erik Brady of USA Today “The volatility surrounding such names has amped up in the year since Daniel Snyder, owner of Washington's NFL club, told USA TODAY Sports that he'd never change his team's name: ‘NEVER — you can use caps.’” (3). However, professional teams are not the only teams receiving negative remarks,
...ers' evolution from mother and student into a leading voice against the merchandising of Native American sacred symbols -- and shows the lengths to which fans will go to preserve their mascots." In keeping all the Native American Mascots in schools, colleges, and professional sports teams we are showing a lack of respect. The Native Americans have voiced the lack of honor these names are bringing to them. "The fact that history has ignored the incredible pain we have inflicted on Native Americans does not now give us the right to ignore their largely muted call." Americans need to take a step back think about how they would feel if there ritual and or sacred tradition was misused. "We feel that we are being put in a position of sacrificing our dignity and pride and will never be treated as equals in white society as long as the use of Indian symbols continues."
The longer that football was on television, the more intense the publicity for the NFL became. The Monday Night Football Logo showed to helmets hitting together forcefully, the NFL marketed the violence and captured the tension between violence and the art of football.
Times have changed - what was acceptable 30 years ago may not hold up in today’s world. Racially offensive mascots have created division - not unity. If teams like the Indians, Braves and Redskins were to change their names and update their branding, they could potentially benefit more than by holding on to offensive, outdated traditions. Why would a professional sports organization settle for fewer fans, less revenue, and an image that offends its own citizens? By...
Facts of the Case: The plaintiff, Wisconsin Interscholastic Athletic Association (WIAA) filed a civil suit against Gannett Co, Inc. (defendant) over the exclusive rights & licensing to broadcast entire tournament games within the athletic association’s junior high and high school programs. The WIAA has a contract with American-HiFi, which gives video production company exclusive rights to stream & broadcast the various sporting events that the WIAA puts on. However, Gannett Co., Inc. newspapers disregarded the existing contract and streamed four WIAA tournament games without obtaining consent or paying the fee required by the WIAA. The defendant did so because they believed that the existing contract between the WIAA and American-HiFi violated Gannett’s First Amendment rights to broadcast the various athletic events.
Herard, Ludwig. "Brown V. Entertainment Merchants Association 131 S. Ct. 2729 (2011)." Journal Of Art, Technology & Intellectual Property Law 22.2 (2012): 515-526. Academic Search Complete. Web. 14 Nov. 2013.
... in the USA. N.p., 6 Nov. 2004. Web. 13 Apr. 2014. This source was very general and it gave the history of the nfl is sections/ It did not really tell me how it affected america and was kind of short compared to my other sources.
When dealing with appropriation of name and likeness there are many defenses that can be taken into consideration throughout the process of a case. The nine different defenses you can use for appropriation are ne...
SEC.2005. “Complaint: SEC v. L. Dennis Kozlowski, Mark H. Swartz, and Mark A. Belnick”. 2/16/2005.
I would portray Frédéric Bourdin as exceptionally canny and shrewd. Bourdin's knowledge, his insights, and cleverness are benefits for all his swindles. When Bourdin was operating in his con, he constantly questioned if he could pull the plan off for the reason that Bourdin did not resemble the child. He would need to fabricate a story so emotional it would take advantage of everyone’s emotions. According to psychologist Maria Konnikova, “As any good confidence man will tell you, someone who is emotional is someone who is vulnerable... the emotional channels are opened. And as in that first rush of romantic infatuation, we abandon our reason to follow our feeling” (Konnikova 2017, Pg 91-92). He takes advantage of these emotions, which helps him to con the family, the police, and the world. This additionally clarifies his intention, since Bourdin knew if he could interact with a vulnerable family it would enable him to imitate a lost family member without numerous risks. Bourdin tackles current issues, and swiftly reacts allowing his
Curnutt believes that the prima facie wrongness of animal-eating has not been defeated by additional factors which serve as the overriding reason. From his argument, David Curnutt claims that animal-eating is Ultima facia morally wrong. He further explains there are at least four grounds for overriding this wrong which include traditional-cultural, aesthetic, convenience, nutrition.