Association of American Law Schools
2001 Annual Meeting
Wednesday, January 3, 2001 - Saturday, January 6, 2001
San Francisco, California

Friday, January 5, 2001
8:30–10:15 a.m.

Plaza A
Hilton San Francisco and Towers
Lobby Level

Joint Program of Sections on Intellectual Property Law and Law and Sports
Martin J. Adelman, The George Washington University, and Chair, Section on Intellectual Property Law
Matthew J. Mitten, Marquette University, and Chair and Program Chair, Section on Law and Sports

Marketing and Legal Protection of an Athlete's Identity

Moderator:

Matthew J. Mitten, Marquette University

Speakers:
Edward P. Davis, Jr., Esquire, Gray Cary Ware & Freidenrich, LLP, Palo Alto, California
J. Thomas Mc Carthy, University of San Francisco
Gary D. Way, Endorsement and League Affairs, NIKE, Inc., Beaverton, Oregon

Intellectual property law issues are having an increasingly important impact on the sports industry. Our program's objectives are to stimulate scholarly study of sports-related intellectual property law issues and generate increased interest among law professors in the wide variety of legal issues affecting the sports industry.

Our distinguished group of panelists will discuss marketing strategies involving the use of a famous athlete's identity, and where courts are drawing the line between infringement and permissible use of an athlete's identity without authorization. Mr. Way's topic is "Why Does a Tiger Need Protection? The Athlete Endorsement, A Different Animal." Professor McCarthy's topic is "Historical Development and the State of the Law of Legal Protection of an Athlete's Identity." Mr. Davis's topic is "Montana v San Jose Mercury Sun-The Scope of the Media's Newsworthiness Privilege When Using an Athlete's Name and Likeness." A question and answer period will follow the panelists' presentations.

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