Law Friday - Super Bowl edition

Friday, February 1, 2008
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I’m straying from the usual Law Friday format to bring you a special edition, containing a tasty buffet of legal angles on Sunday’s big game. Let the tailgate begin!

Trademarks! - Remember when Dennis Green tried to register the phrase “They are who we thought they were” with the U.S. Patent & Trademark Office a month or so ago? Amusing, but not nearly as bold as the Patriots’ latest act. To the ire of Giants fans everywhere, the Patriots have filed a registration to trademark “19-0″ and “19-0 The Perfect season.” Three cheers for the New York Post, which spent $375 for its own trademark application yesterday — on 18-1.

Copyrights! - The Washington Post reported on the ever-vigilant NFL’s efforts to pull the plug on big-screen Super Bowl shindigs at churches. The league insists that airing games at churches on large-screen TV sets — those larger than 55 inches — violates the NFL copyright. You know the drill: “This telecast is copyrighted by the NFL for the private use of our audience. Any other use of this telecast or any pictures, descriptions, or accounts of the game without the NFL’s consent is prohibited.” Believe it or not, part of me understands where the NFL is coming from, but the law seems a little outdated and problematic to me. It seems likely that many home viewers will watch the game on TVs much larger than this. Will the NFL start suing these folks, as well? To be consistent and protect their legal rights, I think they have to. Where will they draw the line?

Counterfeits! - The Immigration and Customs Enforcement agency are on the ground in Glendale cracking down on the sale of counterfeit merchandise, conducting raids on dealers who descend upon the Super Bowl to hawk their goods. They’ve already seized about $140,000 worth of goods, according to the NYT. “A significant number of professional counterfeiters come into the host city every year,” Anastasia Danias, a lawyer for the NFL, told the Times. They come, she said, “hoping to make a quick buck off fans’ enthusiasm for the game.” Considering the NFL has about $3 billion to lose in this area, there’s no surprise.

Shenanegins! - Where would professional sports be without it’s fair share of mis-behaving players. Early this morning, New York Giants backup defensive end Adrian Awasom was arrested on suspicion of drunken driving by Arizona state police. Think he’ll make bail?

Gambling! - Lastly, let’s not forget the question of whether office pools are legal. It appears they are, according to RCW 9.46.0335, but not without some pretty specific restrictions. The outcome must be based on the score (sorry, bets about number of sacks relative to field goals are out). The most that can be wagered in a given pool is $100. Once the game starts, the betting is closed. And if you’re organizing the pool, you cannot conduct another sports pool for the same event.


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