Immediate recognition is the epitome of success for musical artists. Few artists attain the level of success at which fans easily identify
their sound from a mere snippet of a track, joining the ranks of artists like Frank Sinatra, Dolly Parton, The Grateful Dead, Bob Dylan, and Ella Fitzgerald. Their unique sounds are almost immediately recognizable and easily distinguished from other artists in their genres. In the modern rap and pop world, Pitbull has attained this level of notoriety.

This Article addresses the black market for college athlete services that results from the NCAA’s restrictions on athlete compensation based on the purported need to preserve amateurism. Specifically, this Article focuses on the NCAA’s name, image, and likeness (NIL) restrictions that prevent college athletes from making use of their own reputations for commercial purpose.

Since 1996, the annual spending on drugs per capita in the U.S. has been the highest among all the developed countries. In 2017, the number reached $1220 per person in the U.S., making the U.S. pharmaceutical industry a $400 billion market. One of the fastest growing segments of the pharmaceutical industry is biologic drugs, accounting for almost 40% of the U.S. prescription drug spending in 2015.

The Lanham Act sets forth which trademarks may be registered at the Patent and Trademark Office. It contains a number of limitations on registrability. Section 2(a) prohibits among other things the registration of a mark that “[c]onsists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.” This provision originally came into force in 1946 with the enactment of the Lanham Act, but the prohibitions it sets forth have been in effect since the late nineteenth century, when the federal government first began to register trademarks.

Two recent decisions from the Federal Circuit in the long-running litigation between Oracle and Google have upended the scope of copyright protection afforded to software. In both decisions, the court weighed in heavily on the side of strong copyright protection, even protecting the relatively functional code comprising application programming interfaces (APIs).