DuetsBlog Collaborations in Creativity & the Law

Derek Allen

Derek AllenI began training for a career in litigation at an early age by finding ways to disagree with pretty much anyone about pretty much anything. In my longest-running "case," I argued with my middle school math teacher, Mrs. Jabs, for the better part of four years over whether, even if I got the right answer, I had to show my work to get full credit. We never settled that one, as my eventual move to high school took me out of her jurisdiction (although I'm still sure I was right).

Creativity was also never a problem in my neighborhood growing up. My backyard was Wrigley Field (with the notable exception that, at least to my knowledge, Wrigley Field never had a rule where any ball hit in dad's garden was an automatic out), thousands of NBA and NCAA championships were won in my driveway (all, miraculously, on last second shots), and some of the greatest independent films to never grace Cannes or Sundance were filmed around my house (the magnum opus for this would-be auteur involved a rogue CIA operative who killed around three dozen bad guys, all of which were played by my cousin, Teddy).

In a sign that perhaps my interests haven't changed as much as they should have since I was 12, I'll often be blogging about sports, video games, and the entertainment world (but, I promise, not math).

Posts by Derek Allen

Memes Attack

Posted in Copyrights

A recent lawsuit combines a number of things that are surely ruining today’s youth: internet memes, the Nintendo DS, and side-scrolling video games (actually, that last one ruined my generation.  Thanks Super Mario Bros., Contra Force, and Ninja Gaiden!)  The game series at issue in the suit, Scribblenauts, allows players to summon some of the most… Continue Reading

College Football Playoff Called College Football Playoff

Posted in Advertising, Branding, Marketing, Trademarks

Less than nine months ago, the powers-that-be in college football approved a plan that would ditch the current postseason bowl season for the best teams in the country and replace it with a four-team playoff.  While many had been clamoring for an eight- or sixteen-team playoff, the four-team playoff was certainly an improvement over the previous… Continue Reading

Paying College Players

Posted in Mixed Bag of Nuts

As my diehard readers (maybe reader? Hi Mom! (Just kidding, I’m pretty sure even she doesn’t read these)) will remember, I blogged about pending litigation between former college athletes and the NCAA regarding whether players should be paid when the NCAA uses their likenesses in advertising, during television broadcasts, and in video games.  The players propose a 50/50 revenue split, while the NCAA (of course)… Continue Reading

Tweaking March Madness

Posted in Almost Advice

It’s the end of February, which by my calculations means its almost the beginning of March, which means OH YES FINALLY MARCH MADNESS ASDFNLEKLDFNDF!!!!!!!!!!!!!   (Apologies, I just get a little excited thinking about it.)  This is without a doubt my favorite sporting event of the year.  Once you include the conference tournaments where each of the winners… Continue Reading

Free Speech and The Super Bowl

Posted in Advertising, First Amendment

Litigation and the Super Bowl go together in modern America like litigation and, well, anything (e.g. tattoos, Bill Russell) in modern America.  But since the Super Bowl is on most of our radars for the next few days, litigation and the Super Bowl it is. As we all (hopefully) know, the freedom of speech in America is protected by the First… Continue Reading

THQ Goes Down

Posted in Copyrights, Fair Use, Infringement

As 2012 winds down and we all recover from what I’m sure was a wonderful Festivus celebration (I know I’m still feeling the effects of a particularly bloody Feats of Strength and an overly ambitious Airing of Grievances directed at me by my family members), it seems time to wrap-up last month’s post about a tattoo artist who sued… Continue Reading

Whose Tattoo?

Posted in Copyrights, Infringement, Mixed Bag of Nuts

As the number of Americans with tattoos increases, it appears that tattoo-related litigation is increasing as well.  Most recently, tattoo artist Chris Escobedo sued video gamemaker THQ because THQ’s game, UFC Undisputed 3, features UFC fighter Carlos Condit, as well as the giant lion that Escobedo tattooed on Condit’s right oblique.  While THQ got the rights to use Condit’s image, Escobedo… Continue Reading

EURO 2012: It’s Infringing on Your Workday, You’re (Hopefully Not) Infringing Their Trademarks

Posted in Infringement, Mixed Bag of Nuts, Trademarks

If you’re anything like me (and for your sake, let’s hope you’re not), you’ve spent a bit too much time watching soccer over the last few weeks as Europe’s best teams have competed for the European championship, in a tournament most often referred to simply as the Euros.  For many diehards, this tournament surpasses the World Cup because… Continue Reading

Lawyers Should Not Be Paid (More, Usually) For Their Legal Briefs

Posted in Copyrights, Infringement, Search Engines

At least not by legal research database giants LexisNexis and Westlaw, according to federal judge Jed Rakoff. Those readers who eagerly anticipate the release of my monthly post will certainly remember my April missive about two lawyers who claimed that Lexis and Westlaw were impermissibly profiting by selling access to legal briefs without paying anything to the… Continue Reading

Andrew Luck Takes An Early Hit

Posted in Mixed Bag of Nuts

Congratulation to new Colts quarterback Andrew Luck, who I imagine accomplished a lifelong dream last night when he was selected as the first pick in the NFL Draft. Unfortunately for him, however, it looks he’s already taken a hit as a result of being one of the NFL’s newest stars. While a high school senior… Continue Reading

How to respond to demand letters

Posted in Mixed Bag of Nuts

When I first started working in the legal profession, I was struck by the tone many lawyers used in their correspondence.  While many fighters claim that they’re going to let their fists do the talking, lawyers tend to let angry-sounding adverbs do the heavy lifting. If you’re doing something our client doesn’t like, you better cease-and-desist.  When?… Continue Reading

“If I Were You, I Wouldn’t Screw With Bill Russell”

Posted in Branding

Last fall former basketball star Bill Russell, of Celtic and Wilt-Chamberlain-destroying fame, joined forces with former college basketball star and current trivia answer Ed O’Bannon to sue the NCAA.  These former college basketball stars, along with most students who played a college sport, signed an agreement with the NCAA which allows the NCAA to use… Continue Reading

College vs. Pro: Battle for Logo Use?

Posted in Branding, Guest Bloggers, Trademarks

As a long-time Green Bay Packer fan (and, more recently, owner), I’ve always had an innate dislike of our old NFC Central and other-team-named-after-a-body-of-water rival, the Tampa Bay Buccaneers. When I learned this fall that those very same Buccaneers slapped my alma mater, Beloit College, with a cease-and-desist letter in the late-1990s, Tampa Bay attained a… Continue Reading