Fantasy Sports- Soon a Fantasy?

New York recently joined the ranks of states that have outlawed daily online “fantasy” games such as fantasy football.  Specifically, New York’s attorney general recently prohibited both Fan Duel and DraftKings from taking bets from New Yorkers, although most fantasy leagues have been held to be legal under the federal Unlawful Internet Gambling Enforcement Act (UIGEA).  Among other things, New York has expressed concern with health and gambling experts’ belief that daily fantasy sports may be creating public health and other problems associated with gambling.  More to come.

Trademark- "Nut Sac Ale" Not Immoral or Scandalous

A proposed trademark can be refused and/or rejected by the trademark office is the proposed mark is deemed “scandalous or immoral” when analyzed against contemporary attitudes and norms.  The trademark office recently reversed a refusal to register the trademark NUT SACK DOUBLE BROWN ALE for beer after determining that, contrary to the examiner’s assertion, the proposed mark was immoral or scandalous.  Filers of the mark argued that the term “nut” simply referred to a flavor, while “sack” suggested a “sackful of flavor.”  Cue laughter.  Ultimately, the Trademark Trial and Appeals Board determined that the proposed mark was not so shocking or offensive as to be held scandalous with the trademark law.

Trademark- The Bare Facts About the "Naked License"

Trademark owners often want to capitalize from the brand recognition and goodwill they’ve worked long and hard to establish for their brands.  Owners typically enter into license agreements with third parties which permits that party to use the owner’s mark on specific goods and services.  Many owners are unaware that, once you negotiate and grant the license, a mark owner must pay attention to quality control to ensure that the third party is delivering the same high quality product or service the public expects from the owner’s brand and mark.  Be advised that lack of quality control monitoring may result in what is known as a “naked license,” which may ultimately jeopardize the owner’s rights in its own mark.  Owner must, unfortunately, also be careful not to exercise “too much” control, which may unintentionally create a “de facto franchise” between the parties.