KIN 401 Test 2 Articles

-In 1999, the Trademark Trial and Appeal Board cancelled six trademark registrations held by the Redskins. -That case argued that the trademarks held by the Redskins were disparaging, and as such, violated Section 2 of the Lanham Act -Through a series of appeals, a federal district court overturned the Trademark Trial and Appeal Board's decision. -When it comes to showing that a trademark is disparaging,the plaintiffs must meet a two-part test: (1) the likely meaning of the mark and (2) if that meaning refers to an identifiable group, that the meaning is disparaging to a substantial composite of that group.

BIG 12 First- and second-tier rights: $2.6 billion, ESPN/FOX, 13 years through 2024-25 Per-year average: $200 million Per-school, per-year average: $20 million PAC-12 First- and second-tier rights: $3 billion, ESPN/FOX, 12 years through 2023-24 Per-year average: $250 million Per-school, per-year average: $20.8 million SEC First-tier rights: $825 million, CBS, 15 years through 2023-24 (negotiations ongoing) Second-tier rights: $2.25 billion, ESPN, 15 years through 2023-24 (negotiations ongoing) Per-year average: $205 million (negotiations ongoing) Per-school, per-year average: $14.6 million (negotiations ongoing) BIG TEN First-tier rights: $1 billion, ESPN, 10 years through 2016-17 Second-tier rights: $2.8 billion, Big Ten Network, 25 years through 2031-32 Select basketball rights: (minimum of 24 games, men's tournament semifinal and championship games): $72 million, CBS, six years through 2016-17 Football championship game: $145 million, FOX, six years through 2016 Per-year average: $248.2 million Per-school, per-pear average: $20.7 million ACC First-, second- and third-tier rights: $3.6 billion, ESPN, 15 years through 2026-27 Per-year average: $240 million Per-school, per-year average: $17.1 million FORMER BIG EAST First-tier rights: $126 million, ESPN, seven years for basketball (2013-2020); six years for football (2014-2020) Second-tier rights: Basketball, $54 million, CBS, six years through 2012-13 (negotiations ongoing)

-What, then, is driving the costs? The simplest answer for football programs is TRAVEL. -With more teams scheduling non-conference opponents to boost their post-season possibilities, the cost of operating a football program rises.

O'Bannon Argument: O'Bannon's central thesis is that the NCAA and its members comprise a cartel in violation of federal antitrust law. This alleged cartel unjustly enriches schools and financially harms student-athletes by limiting how names, images and likenesses are licensed in various products. NCAA Argument:The NCAA insists that O'Bannon's claims are baseless. In the NCAA's view, amateurism rules are essential to the NCAA attracting fans. If college athletes were regarded as professionals, the NCAA charges, fans would be less interested in college sports.

Loophole that allows Tennessee to "over-sign" prospects -Gray-shirting is an option. (That's when a player agrees to delay his enrollment for one semester; in this case, the player would enroll in Jan. 2015 and count against the 2015 limits). -The more intriguing and non-traditional option is blue-shirting. Here's how I described it an earlier article: "Officially, a player arrives in the summer as a walk-on. Once football practice begins, he's awarded a scholarship. The school is allowed to count the scholarship forward — against the 2015 class — but the player can play immediately. There's a big catch: The student-athlete may not have been recruited, as defined by NCAA bylaws.

-Alabama did not approve transfer to Seton Hall

-Northwestern University quarterback, Kain Colter, under the College Athletes Players Association (CAPA), filed a petition with the NLRB to unionize the Northwestern football team. -Colter noted that his goals were to achieve better medical care for current and former players, obtain guaranteed scholarships for players, and seek the creation of less-strict transfer rules. -Northwestern University objected to the filing of the petition largely on the basis that Colter and the other Northwestern football players were not employees. -The right to control test considers the degree of control that an employer maintains over how a worker completes the tasks assigned to him by an employer. -The test accomplishes this by weighing the level of control an employer exerts over its workers in various items and tasks related to the employment relationship. - The greater the level of control an employer has over a worker in terms of how and when he completes his work, the more likely it is that the NLRB will deem the worker to be an employee and not an independent contractor. - NLRB Regional Director, Peter Sung Ohr, found that Northwestern football players on scholarship are employees under the NLRA. -He held that Northwestern football players not on scholarship (i.e., walk-ons) are not employees.