May 2010

–Dan Kelly, Attorney

College sports aficionados are likely familiar with the Big Ten Conference.  Beginning in 1912, there were ten schools in the Big Ten.  From 1949 through 1990, those ten schools were Illinois, Indiana, Iowa, Michigan, Michigan State, Minnesota, Northwestern, Ohio State, Purdue, and Wisconsin.  (Michigan State replaced Chicago in 1949.)  In 1990,

The United States Supreme Court recently ruled that agreements among associate members to license their trademarks to one vendor may violate the Sherman Act. In  American Needle, Inc. v. National Football League, the National Football League Properties ("NFLP") terminated its nonexclusive license with American Needle, Inc. to make and sell apparel bearing the NFL

—Michael Keliher, Client Relationship Manager at Fast Horse

In many ways, this debate is purely academic. Some talk about the line separating the revered act of journalism from the pedestrian pastime of “just blogging” as if it might simply have some bearing on the way reporters do their jobs in the future. You know, carry a Flip camera and shoot more video and tweet your face off and whatnot. Others talk about how blogging has ushered in a new era of journalism, one in which publication – in ink, airwaves or pixels – is a hell of a lot closer to the beginning of the journalistic process than the end. Phrases like “fractured audiences” and the “myth of objectivity” are thrown around like peanuts at a Twins game, and the discussions can be fascinating. Ultimately, though, they are of little consequence.

Usually.

The “I know it when I see it” standard for defining journalism is sufficient for most folks, in most cases. As an everyday consumer of information, I hardly care whether the information I’m consuming was dragged out of the darkness by a “traditional journalist” or a “new-media reporter” or a “blogger” or even a “kid with Twitter.” But when the long arm of the law gets involved, such as when journalist shield laws are invoked or when the FTC weighs in on cases involving its endorsement and testimonial guides, squishy pseudo-definitions don’t get us very far.

(If you’re interested in shield laws, read about the lost/stolen iPhone prototype Gizmodo got its hands on or just ask Josh Wolf. Meanwhile, I’m going to blather on about the FTC…)Continue Reading Is a Blogger a “Journalist”?

Some marketing types have said that having your brand name verbed by others is heavenly, well beyond flattery, kind of like a marketer’s Shangri-la. As you may recall, we have explored the legal implications of the verbing of brands here, here, here, and here.

What about having your brand name used as a reference point in

Lest you missed the prior (absence of) fanfare from the United States Patent and Trademark Office (USPTO), we thought you should know (now you have not only constructive notice, but actual notice and knowledge of these valuable and important rights) that we are the proud parents (for those of you who personalize your company’s or client’s trademarks