Sports & Entertainment Law Section Articles of Interest (November 2019)

Members of the Sports & Entertainment Law Section found the following recent third party articles to be of potential interest to the Section:

NCAA board approves athlete compensation for image, likeness

Questions Remain After NCAA Vote Allows Student Athletes to Cash In

Operation Full Disclosure, Continued: FTC Releases Disclosure Guides for Influencers

Former College Athlete Sues NCAA, Member Schools for Student-Athlete Pay

Court Strikes Alleged Marijuana Queenpin’s Defamation Claim

Legal Implications of Colin Kaepernick’s NFL Workout

Football finance: Factoring in cash flow

The Slippery Slope of Legalizing Sports Betting in North Carolina

By Mike Garrigan

By amending its gambling laws this past summer, North Carolina may have invited an uncontemplated inevitability. On July 26, 2019, North Carolina Governor Roy Cooper signed Senate Bill 154 into law.[1] The new law allows “sports and horse race wagering” on Native American tribal lands under the federal Indian Gaming Regulatory Act.[2] Senate Bill 154 aimed to amend N.C.G.S. § 14-292.2 so that “sports and horse race wagering” would be included on the list of games that could be legally conducted in casinos located on tribal lands within North Carolina.[3] Under the new law, sports betting must occur on tribal lands and is limited to betting on the outcomes of sporting events.[4]

North Carolina became the tenth (10th) state to legalize sports betting, albeit limitedly.[5] In the wake of the Supreme Court’s striking down of the Professional and Amateur Sports Protection Act (“PAPSA”) in 2018,[6] many states have authorized sports gambling using a “walk-jog-run” approach.[7] This method slowly introduces sports betting into the population. The “walk” stage allows gambling in only brick-and-mortar locations, like tribal land casinos. The “jog” period permits “proposition” betting on aspects of sporting other than the outcome of games. The “run” phase authorizes mobile betting. Proponents of the North Carolina law estimated that a brick-and-mortar sports betting approach could generate as much as $1.5 million in revenue for the state.

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Did You Know You Have Exclusive Access to our Membership Directory?

Did you know when you join the Sports and Entertainment Law Section (“SEL”) of the North Carolina Bar Association, you gain access to our membership directory? Our membership consists of lawyers who represent sports and entertainment clients, serve as counsel to organizations engaged in the multi-billion-dollar sports and entertainment industry, and wish to broaden their practices to include the sports and entertainment area. As you can see, this membership directory tool can be very useful to start making connections. In the directory, it lists the attorney’s or law student’s name, firm or company, address, phone number, and email address.

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Sports & Entertainment Law Section Articles of Interest (October 2019)

Members of the Sports & Entertainment Law Section found the following recent third party articles to be of potential interest to the Section:

That’s So Punny! Trademark Rights in Puns and Wordplay

We Got The Beet: Trademark Claims and Puns

Lessons from Antonio Brown’s Dismissal: Don’t Fumble the Morals Clause

‘The Slants’ Founder Explains Trademark Victory Over All-Asian Band Name

From Forever 21 to FC Barcelona, a Look at adidas’ History of 3-Stripe Legal Fights

What’s in a name? Liverpool FC withdraw applications for “Liverpool” trade marks

Hamilton Spat Shows Challenge in Carving Copyrights From History

UPDATE: New York Student-Athlete Name, Image, and Likeness Bill Amended (Again)

The Number of States Supporting Student-Athlete Name, Image, and Likeness Rights Continues to Grow

New Jersey Joins the Growing Number of States Seeking to Create Name, Image and Likeness Rights for Student Athletes in Direct Defiance of Current NCAA Bylaws

NCAA Board of Governors Approves Policy Permitting College Athletes to Benefit From Use of Name, Image, and Likeness

NCAA Clears Way for Athletes to Earn Endorsement Money

NCAA board approves athlete compensation for image, likeness


Sports & Entertainment Law Section: September Articles of Interest

By Various Authors

UPDATE: California Senate Bill 206 Moves Closer To Becoming Law

Emojis Have Unsettled Grammar Rules (and Why Lawyers Should Care)

Even Kirk Herbstreit Thinks THE Ohio State Is Being THE Silliest With Its ‘THE’ Trademark Application

Football, gambling and advertising: The opposite of a young man’s game

USPTO Gets One Right: Refuses To Allow Farmers Market To Trademark City’s Nickname

THE Obvious Conclusion To Ohio State’s Stupid Trademark Application

California Assembly Passes SB 206 –Next Stop, Governor Newsom’s Desk

The California Legislature Has Spoken-Will Governor Newsom Make Senate Bill 206 Law?

California Senate Bill 206-The Immediate National Impact

Kanye West Dumps Quinn Emanuel in Music Rights Row with EMI

LeBron James Tries To Trademark ‘Taco Tuesday,’ Proving He Understands Trademarks Better Than Ohio State

Michael Jordan selling large chunk of Hornets; won’t give up majority control

Whose data is it anyway? Part 1 – Hull City fan caught up in the tangled-web of football data

New York Senate Bill To Require Student Athletes To Share In University Ticket Revenue

James Woods Avoids Defamation Liability for a Tweet

University of Wisconsin-Madison Expands Student-Athlete Discipline Policy

Are Paparazzi Images Fair Game for Social Media?

California governor Gavin Newsom signs Fair Pay to Play Act alongside LeBron on ‘The Shop’

Cal Football: Pac-12 Comes Out Against New California Law

Rams Want Supreme Court to Weigh In on NFL Relocation

Sports Law Panel at UNC Law on 10/10/2019 from 5-7pm

By Kelly Ryan

Sports Law Panel

In a casual setting, come and listen to a truly star studded panel discuss legal issues in sports, leveraging their law degrees and what Carolina Law means to them. 


Thursday, October 10, 2019


5:00 – 7:00 p.m.


The Blue Zone
Kenan Memorial Stadium
104 Stadium Drive
Chapel Hill, NC




Our society is impacted daily by sports. Whether it’s our own interest, that of friends or family, or in the market place, sports makes their way into our lives daily. 

Recreational, collegiate or professional, sports are woven into the fabric of our lives, and since they can have a long-lasting positive impact, it’s important to recognize leaders in the industry.

Hosted by Carolina Law alum Gardner Altman, Jr. ’71, a Fayetteville native and entrepreneur, this panel discussion will highlight various Tar Heels and their contributions in the sports world.

Panelists will include the following:
Jim Delany (BA 1970, JD 1973), Commissioner, Big Ten Conference
Ty Votaw (JD 1987), Executive Vice President International, PGA Tour
Ken Farino (JD 1971), sports agent / entrepreneur
Alexander Julian (XMAT 1970), fashion designer
Professor Lissa Broome (JD Harvard), UNC’s Faculty Athletics Representative to the Atlantic Coast Conference and the NCAA; Burton Craige Distinguished Professor and Director of the Center for Banking and Finance

There is no cost for this event, and light refreshments will be served. RSVP by Monday, October 7.

Questions? Please contact Kelly Mann (assistant director of alumni and donor relations) at

Members of the Sports & Entertainment Law Section found the following recent third party articles to be of potential interest to the Section:

Will Student-Athletes on F-1 Visas be Affected by the Fair Pay to Play Act ?

Unearthing the Pitch-side Mole: How to Protect Confidential Information in Sport

Hogan Lovells Reps Prokhorov in Sale of Brooklyn Nets Stake

Led Zeppelin Backed by U.S. Government Brief in ‘Stairway’ Case

NCAA Adds, Then Modifies, Certification Requirements for Agents

Title IX Alert Fall 2019

Running Backs NLRB Petition Seeks To “Stiff Arm” NFL Players Association With New Bargaining Unit

Chair’s Comments + Section Events This Fall

By Brandon J. Huffman

Dear Members of the Sports & Entertainment Section:

I am so honored that you have given me the privilege to serve as chair of the Section this bar year.

It’s an interesting time to be chair. Younger attorneys (I still think of myself this way) are often looking to technology and other avenues for the camaraderie and resources for which they might previously have looked to a bar association section.

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Items of Interest: The Gender Pay Gap and Women’s Soccer, Carrie Underwood Sued, Venues and the ADA

Members of the Sports & Entertainment Law Section found the following recent third party articles to be of potential interest to the Section:

Sports Shorts Blog – The Gender Pay Gap and the Women’s World Cup

Whose Game is On? Carrie Underwood and NBC Sued Over SNF Song

Senate Bill Proposes Equal Pay for U.S. Women’s Soccer Team

Sports Venues and the Americans with Disabilities Act

SAG-AFTRA Signs Netflix Deal With Expanded Coverage

MLB Appears Ready To Dive into Uniform Patch Advertising

Taking the Issue of Unequal Pay onto the U.S. District Court’s Turf

Items of Interest: Interstate wagering, Nike and the Klaw, Sports Betting

Members of the Sports & Entertainment Law Section found the following recent third party articles to be of potential interest to the Section:

Judge: Law applies to sports betting, not lotteries

Nike may not have a lot to gain taking on Toronto Raptors’ Kawhi Leonard over ‘Klaw’ logo

Antitrust Tripwires: Legal Expert Explains Sports Betting Data Issues

Tom Brady’s own comments put his ‘Tom Terrific’ trademark quest on shaky legal ground

NCAA Adjusts To the New Sports Betting Frontier

Agents Beware: Representation Agreement May Not Be Enforceable If It Violates State Sports Agent Laws

3 Connecticut female athletes file federal discrimination complaint over transgender competition

NY Mobile Sports Betting Up In Flames For 2019, And Possibly Longer

UPDATE: NCAA Flexes Its Muscle in Response to California Fair Pay To Play Act

Beer, wine sales are now possible at college stadiums and arenas in North Carolina

Gigi Hadid “Obliterates” Copyrights With Fair-Use Bazooka