Business and Tax Lawyer Blog

Joe Frazier, the former heavyweight boxing champion, tried unsuccessfully to sue the Oneida Indian tribe in Federal Court for using his picture without permission. The picture was used to promote a boxing match between Frazier's daughter and Muhammad Ali's daughter at the Oneida-owned Turning Stone Casino. The former heavyweight champion objected to the use of his picture in a way that promoted commercial gambling. The 2nd US Court of Appeals in Manhattan ruled that it had no jurisdiction in the case because of the tribe's sovereign status. To pursue the matter further, Frazier will have to sue the casino owners in an Oneida run court.

Tribal sovereignty is a complex legal issue. While congress recognizes that tribes have an inherent right to govern themselves, congress can limit that sovereignty. For example, tribal jurisdiction over their own residents had been well-established, but jurisdiction in matters between tribal and non-tribal persons is less clear cut. If your business is being affected by a legal matter, please contact Wood, Atter & Wolf, P.A. for legal counsel.

You can find out more information about this case at: Court in NY: Joe Frazier can't sue tribe here.

Native American activists have long tried to contest the federal trademark status awarded to the Washington Redskins NFL football team. The history of the case is this: in 1999 the Trademark Trial and Appeal Board ruled that the name “Redskins” which is considered a derogatory term for Native Americans, was too offensive to trademark. Subsequent lower court and federal court rulings overturned that decision, granting the trademark. The Supreme Court decision not to hear the case effectively upholds the decision of the federal court allowing the trademark.

The law governing trademarks, known as the Lanham Act, does not allow trademarks that “may disparage … persons, living or dead … or bring them into contempt, or disrepute” to be registered. The decisions in this case, however, were based on the fact that the plaintiffs did not file their suit within the time allowed. The new case would have asked the Supreme Court to allow disparaging trademarks to be revoked without a time limit.

The Washington Redskins football team has always held that the term is not meant as an offense. However, the National Congress of American Indians (NCAI) has described the name as “patently offensive, disparaging, and demeaning and perpetrates a centuries-old stereotype,” adding that the term comes from a time when Native American body parts, especially scalps, were bought and sold as novelty items by European settlers.

Several sports teams across the US have dropped names or mascots that might be considered derogatory by Native Americans. Florida State University, along with several other universities and a few professional teams like the Atlanta Braves and Cleveland Indian baseball teams, have refused to change their team names to drop references to Native Americans. You can read more about this case at Supreme Court Fumbles Native American Mascot Challenge.

If you have a question about a trademark issue for your business, please contact Wood, Atter & Wolf, P.A. for legal counsel.

Two years ago, the managing partner of my law firm bought me my first set of golf clubs, had them personalized for me, and hooked me up with private lessons. Little did he know: he created a monster.

It doesn't take a golf fanatic to appreciate that Tiger Woods could very well be the greatest golfer in history. But it's not just his game on the course that makes him a multi-millionaire--"Tiger Woods" as a brand name is worth millions in endorsing goods and services.

The name, "Tiger Woods," as a trademark, has been used since 1997 to identify golf gear and athletic apparel (Reg. #2306354). But that's just the beginning of the list of trademarks in Tiger's name; here's more:

- his autograph

- the "TW" logo on his website and clothing

- the names and logos for the Tiger Woods Foundation

- an image of his signature fist pump (Ser. #79055290)

Curious about another celebrity's trademarks, or want to know how to make your name a brand name? Let me know!

Let's say you want to start a chain of restaurants in Florida using NBA star Dwyane Wade's name as the name your restaurant, and at times, Wade will make personal appearances at the restaurant. Sounds like a great idea for a start-up restaurant to generate a lot of business, especially, considering the fact that for two years straight Dwyane Wade's jersey has been number one in sales of all NBA players.

We all get ideas at times that we think are sure to generate big profits, unfortunately in the business world we know those great ideas can sometimes end up only generating big losses. That appears to be the case with two investors, Richard von Houtman and Mark Rodberg, who entered into a contract to start D Wade's Place, a sports themed restaurant bearing the name of its superstar endorser. Both investors are now involved in a lawsuit filed against Wade. In return, Wade has filed a counterclaim against von Houtman and Rodberg and a libel lawsuit against von Houtman seeking $100 million in damages. Currently, the case is in mediation to see if it can be settled.

Oftentimes, persons entering business partnerships plan for splitting profits and job responsibilities but, fail to plan for what happens if the business results in losses. If your thinking about entering a business partnership, make sure you develop a plan that takes into account potential adverse results to the business and partnership. If you have questions regarding the potential risks you should take into consideration, send me an e-mail.