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A Guide to All Things NIL: Kentucky

Thanks to a recent NCAA interim policy change and a new state law, student-athletes in Kentucky can now be paid for use of their name, image, and likeness (NIL).  This opens up new opportunities for students involved in collegiate sports to earn money. What is the state law? Thanks to an executive order signed by


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Are Fashion Parodies Legal?

The fashion industry spends significant time and money protecting its brands from copyright and trademark infringement.  Knockoffs, counterfeits and other copying can cause significant damage to a brand’s reputation and revenue.  If a company fails to “police” their trademarks (prevent others from using their marks) those companies can lose their trademark rights.  Not all forms


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Guide to All Things NIL: Mississippi

Thanks to a recent NCAA interim policy change and a new law, student-athletes in Mississippi can now be paid for use of their name, image, and likeness (NIL).  This opens up new opportunities for students involved in collegiate sports to earn money. What does the law say? On April 16, 2021, Mississippi Governor Tate Reeves


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Consumer Privacy Rights Expand with New York City’s Biometric Identifier Information Law

Beginning July 9, 2021, New York City commercial establishments must meet new requirements regarding any collection, sale, or exchange of consumer’s biometric identifier information.  The New York City Biometric Identifier Information Law is an important step forward in safeguarding consumer privacy and individuals should know their rights.  Businesses also must be aware of their new


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Social Media Influencer Advertising

Updated: May 17, 2022 In recent years,  companies have been using social media influencers to market their products  and the practice is certainly not going away.  In response to the growing trend, the Federal Trade Commission (FTC) recognized the need to shield consumers from falling for predatory marketing disguised as entertaining content.  The FTC created


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Legal Do’s and Don’ts – Sweepstakes, Contests, and Giveaways

Sweepstakes and contests have increased in popularity as a way of engaging consumers.  The legal requirements, however, for these games are complex.  Domenic Romano and Kyle-Beth Hilfer of Hilfer Law recently discussed common questions about launching these prize drawings and relevant legal advice. Domenic:  How does a brand know if its giveaway is legal? Kyle-Beth:


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El Salvador Will Be the First Country to Use Bitcoin as Legal Tender

On September 7, 2021, El Salvador will be the first sovereign nation to start using Bitcoin as unrestricted legal tender.  This significant move comes after lawmakers in the Central American country’s legislature voted by a “supermajority” in favor of the Bitcoin Law in early June.  The U.S. dollar will remain El Salvador’s official currency and


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What to Know About Bringing a Right of Publicity Case Against Photographers

Updated: September 30, 2021 Celebrities… they’re just like us, right?  Under common law and most state statutes, every person, whether they are famous or an average Joe, has a right of publicity.  The right of publicity allows individuals to prevent others from commercially exploiting their name and likeness without consent.  However, a celebrity’s name and likeness are


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Cheerleader Secures a V-I-C-T-O-R-Y in SCOTUS Student Speech Ruling

“America’s public schools are the nurseries of democracy. Our representative democracy only works if we protect the ‘marketplace of ideas.’ ”  – Justice Stephen Breyer, writing for the majority of the Supreme Court of the United States The everyday life of a public school student has drastically changed since 1969, when the U.S. Supreme Court


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