2.02

DISCUSS LEGAL ISSUES ASSOCIATED WITH MARKETING PRODUCTS.

Certain products are protected from reproduction or use unless permission is granted by the owner.

Intellectual property is a person’s thoughts or creations. Protecting intellectual property is important because: Substantial profit is a reflection of a good idea. Businesses who originate an idea and protect it usually

maximize profits.

Patents are granted for an invention or an improvement on a product. Patents are granted for a limited period of time.

Trademarks and service marks. A word, phrase, symbol, or design that identifies and

distinguishes the company from others. Granted legal protection through the United States

Patent and Trademark Office. Example: The Chicago Bulls have their own apparel.

Copyrights are granted to creators of: Literary works (novels, poems, newspapers). Artistic works (photography, paintings). Broadcasts (television, radio, Internet). Films. Original musical composition. Example: Faith Hill’s song Breathe is copyrighted so

ownership is retained.

Industrial designs apply to structural designs, aesthetics, or the look of a product.

Certification marks are used to protect and certify the way products are made. Example: The Hans Device used in NASCAR protects the head and neck from injuries.

Collective marks are symbols used for a group or organization. Example: The National Football League’s NFL shield logo.

Most sports and entertainment companies need to retain legal counsel to navigate and protect their company.

The Lanham Trademark Act is designed to protect trademarks, certification marks, and collective marks.

Teams or leagues such as the NFL, NBA, and Duke University own their logos.

The owners of logos can license others to use their logo to sell merchandise.

Billions of dollars of merchandise are sold without licensing.

Trademark infringement is using a trademark without authorization. Team owners see this as potential loss of revenue.

May result in higher prices for legally registered merchandise.

DISCUSS LEGAL ISSUES ASSOCIATED WITH PERSONNEL AND FANS.

Title IX is federal legislation that dictates universities are required to provide equal opportunities for both men and women’s sports. Title IX states no one will be denied the opportunity to

participate in sports based on gender. Any institution that receives federal dollars must

comply. Example: A school having a baseball team must

provide an opportunity for females to compete in softball.

The Americans with Disabilities Act states all public facilities must be handicapped accessible. The entire facility does not have to be accessible, but

there must be a reasonable amount of seating, restroom and parking available.

Participation, under the ADA, does not have to be granted if it would cause harm to others or would change the whole concept of a product or service.

Example: The PGA dealt with an ADA issue when golfer Casey Martin asked to be allowed to ride a golf cart instead of walking the course.

The Sherman Antitrust Act is federal legislation to protect industries from one competitor that discourages competition within the industry. Major League Baseball is the only branch of sports

identified as exempt from the Sherman Antitrust Act. Example: MLB became exempt after a court ruling in

the early 90’s stating it could operate its business so that no other competing leagues would enjoy success.

The Occupational Safety and Health Administration sets standards to protect employees from being injured on the job. Example: Safe lifting techniques for heavy objects such as sporting equipment.