Tag Archives: right of publicity

The NCAA is Anti-Competitive: The Ruling Heard Round the College Sports World

By: Brian J. Meli

I’ve been following the O’Bannon v. NCAA trial with great interest since it began. Not just because of its growing status as a landmark antitrust case, its roots in intellectual property, or its potential to dramatically shift the balance of power in college sports; but also because it was Ed O’Bannon’s championship UCLA team in the mid-nineties (specifically his pint-sized point guard Tyus Edny’s last minute, coast-to-coast game winning buzzer beater) that cemented my passion for the spring sporting ritual that is March Madness. Back then, who could imagine Ed O’Bannon would wind up being the lead plaintiff in a case that could alter the landscape of collegiate sports forever. And yet, that’s exactly where we are.

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The Most Important Question In The Michael Jordan First Amendment Case Was The One That Didn’t Get Asked

iStock_000015750550_Small By: Brian J. Meli

Last month, we looked at the Michael Jordan v. Jewel Food Stores Seventh Circuit appellate decision in some detail here. But there was more to this decision—a reversal of the district court’s finding that a tribute ad constituted fully protected First Amendment speech—than what was decided. The appeal had a favorable outcome for Jordan, who got the lower court’s decision tossed and his case remanded, and who will likely be compensated handsomely for his persistence. But did Jordan’s legal team miss an opportunity to double down on his chances for success and establish some important precedent in the process? Continue reading

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