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NYC Trademark Law Firm, Attorney Jeffrey Jacobson

In the bustling metropolis of New York City, trademark law holds a pivotal role in protecting the intellectual property of businesses, both large and small. Among the myriad of professionals specializing in this field, Jeffrey Jacobson stands out as a prominent attorney. This article explores the significance of trademark law, the services provided by law firms specializing in this area, and the unique contributions of Jeffrey Jacobson to the field. Understanding Trademark Law Trademark law is essential for safeguarding a company's brand identity and commercial reputation. It provides the legal framework through which businesses can secure exclusive rights to logos, names, and other distinctive symbols associated with their brand. The protection offered by trademark law is crucial for preventing unauthorized use and ensuring that consumers can distinguish between genuine and counterfeit products. Role of Trademark Law Firms in NYC New York City, being a global hub for finance, entertainment, and fashion, is fertile ground for brand innovation and, consequently, trademark disputes. Trademark law firms in NYC offer a range of services to navigate this complex landscape, including: 1. Trademark Registration: Assisting businesses in registering trademarks to ensure legal protection. 2. Litigation Services: Representing clients in cases of trademark infringement or disputes. 3. Brand Management: Advising on brand protection strategies and intellectual property portfolio management. 4. Legal Consultation: Providing guidance on the legal implications of new trademarks and brand initiatives. Spotlight on Jeffrey Jacobson Jeffrey Jacobson is a distinguished attorney within the realm of trademark law in New York City. With a robust background in both the theoretical underpinnings and practical applications of trademark law, Jacobson brings a comprehensive approach to his practice. His expertise includes: - Litigation and Dispute Resolution:** Jacobson has a proven track record in handling complex trademark disputes, demonstrating a keen ability to navigate through the intricacies of litigation to achieve favorable outcomes for his clients. - Client Counseling:** He is known for his strategic advice, helping clients protect their intellectual assets while aligning with their business objectives. - Industry Leadership:** Jacobson is often invited to speak at conferences and seminars, contributing to the broader legal community by sharing insights and trends in trademark law. Why Choose Jeffrey Jacobson? Choosing an attorney like Jeffrey Jacobson for trademark issues offers numerous advantages: - **Expertise in Local and International Law:** His understanding of both local New York laws and international trademark laws ensures comprehensive legal coverage. - **Proven Success:** Jacobson's track record of successfully resolving disputes and securing trademarks adds a layer of reliability for his clients. - **Strategic Approach:** His ability to craft personalized strategies that reflect the unique needs of each client stands out in a competitive market. Conclusion In the fast-paced and ever-evolving landscape of New York City's business world, trademarks are invaluable assets. Law firms specializing in trademark law, backed by the expertise of attorneys like Jeffrey Jacobson, provide essential services that protect these assets and help businesses thrive. With his profound understanding of the law and a commitment to client success, Jeffrey Jacobson remains a key player in NYC's legal scene, ensuring that trademarks are more than just symbols—they are the cornerstones of brand identity and protection.

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New York, NY – Jeffrey Jacobson has been appointed to the New York City Bar’s Trademarks & Unfair Competition Committee, one of the most respected legal committees in the intellectual property field. Jacobson’s new role will involve delving into the complexities of trademark law, contributing to discussions on current issues, and shaping the future of...
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(New York, NY) − Jeffrey E. Jacobson, President of The Jacobson Firm, P.C. has been selected for a tenth year in a row as a 2023 Super Lawyer. In this role, Mr. Jacobson will be listed in the New York Times Magazine as well as on the “Super Lawyer” website under Intellectual Property. Only 5%...
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By Jeffrey E. Jacobson, Esq. with Ben E. Radisch In June, 2023, the Supreme Court issued a unanimous ruling in favor of Jack Daniel’s, a bourbon company, against VIP Products, the producers of parody dog toys. The issue centered around VIP’s “Bad Spaniels” dog toy that resembled the Jack Daniel’s bourbon bottle. Importantly, this decision...
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Copyright Infringement: Analyzing the Implications of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith By: Jeffrey E. Jacobson with Madelyn Feyko This Supreme Court copyright case involves not one, but two artists. This is the most recent case where the Supreme Court addresses the fair use defense. The first artist, Andy Warhol, is...
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Jacobson Named Super Lawyer & “Top Rated Lawyer” by Martindale-Hubbell Jeffery E. Jacobson, President of The Jacobson Firm, P.C. has been selected for the tenth year in a row as a 2023 Super Lawyer. Jacobson continues to provide exemplary legal services for Intellectual Property, and in Entertainment. The Jacobson firm has clients from varying backgrounds and...
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Jacobson continues to serve on the prestigious Communications and Media Law Committee of the Association of the Bar of the City of New York and their Entertainment Law Committee. Jeffery Jacobson is extensively involved in Committees and holds positions in many relevant organizations to enhance his knowledge of Intellectual Property and to mentor young attorneys...
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June 2022 Update: Copyright Small Claims Court Launched By Jeffrey E. Jacobson, Esq. As explored early last year, the Copyright Claims Board (CCB) created by the CASE Act will start accepting claims on June 16, 2022. Claims for copyright infringement and misrepresentation will be accepted by the CCB. The initial filing fee is $40, followed...
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On April 26, 2022, the #EsportsBizShow aired on Preediction on Esports Organizations with Chris Lamarucciola of Parabellum Esports. In this episode, Chris spoke about launching esports organization, Parabellum Esports and its related properties. He continues by exploring Parabellum Esports’ current competitive teams, such as their Rainbow Six Siege team, an exploration of iRacing as well...
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On April 12, 2022, the #EsportsBizShow aired on Preediction on NFTs, Crypto and Play 2 Earn (P2E) in esports and video games with Christopher Gonsalves of Community Gaming. In this episode, Chris spoke about starting Community Gaming New York and his original work in the cryptocurrency, bitcoin and NFT space. He continues by exploring his...
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Oh, No! They Rescheduled the Harry Styles Concert! Force Majeure and “Rain or Shine” Language in a Time of Disasters and Pandemics By Jeremy M. Evans, Esq. and Justin M. Jacobson, Esq. The sale of many consumer goods, including concert tickets, indicates something along the lines of “rain or shine.” Does this include disasters that...
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04-05-22 – Jacobson’s esports business and legal textbook “The Essential Guide to the Business & Law of Esports & Professional Video Gaming” has been awarded both the STEM.org Authenticated and STEM.org Reviewed trustmarks (New York, NY) – Justin M. Jacobson’s esports business and legal textbook, “The Essential Guide to the Business & Law of Esports...
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On April 4, 2022, the #EsportsBizShow aired on Preediction on Esports Sponsorships and Partnerships with Justin Stefanovic of Misfits Gaming Group. In this episode, Justin spoke about his work in the esports space and gaming space, including his initial work as at an advertising agency. He continues by exploring his current sponsorship and partnership work...
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03-31-22 – Jacobson Acts As A Panelist For “The Fashion Industry’s Impact on Gaming” Panel As Part Of Ritual Motion’s Fashion in Gaming Virtual Summit (New York, NY) – Justin M. Jacobson recently provided insight on “The Fashion Industry’s Impact on Gaming” panel as part of Ritual Motion’s Fashion in Gaming Virtual Summit. This panel...
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On March 28 2022, the #EsportsBizShow aired on Preediction on Youth Esports with Bubba Gaeddert of the Varsity Esports Foundation. In this episode, Bubba spoke about his work in the sports space before transitioning into the esports and gaming space. He continues by exploring his current work with the Varsity Esports Foundation, including how the...
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Some Information On U.S. Trademark Litigation By Justin M. Jacobson, Esq. and Jeffrey E. Jacobson, Esq. In cases where someone believes that their exclusive ownership rights in a validly registered trademark are violated by another, this individual or company has a variety of options, including potentially instituting a claim or lawsuit against them and engage...
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On March 21 2022, the #EsportsBizShow aired on Preediction on Professional Esports Organizations with the CEO of Skillshot Media and Co-Owner of Ghost Gaming, Todd Harris. In this episode, Todd talked about his work in the esports and gaming space, including discussing the early days of founding game developer and publisher, Hi-Rez Studios and its...
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03-15-2022 – JACOBSON GUEST LECTURES FOR SHAWNEE STATE UNIVERSITY’S SPECIAL TOPICS IN GAME DEVELOPMENT CLASS (New York, NY) – Justin M. Jacobson was a guest lecturer for the Special Topics in Game Development class at Shawnee State University. While speaking to the class, Justin explored a variety of legal considerations for video and software game...
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On March 15, 2022, the #EsportsBizShow aired on Preediction with John Davidson of the Davidson Learning Company and Chair of the Esports Trade Association. In this episode, John discussed his work in the esports and gaming space, including his work with Gamestop and how he expanded to work with various other brands in the esports...
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Some Intellectual Property Law Considerations for Video Game Developers and Publishers By Justin M. Jacobson, Esq. Proper protection of intellectual property by game publishers and game developers is of utmost importance. Usage of these protocols are especially critical as international major and independent or “indie” developers and publishers continue to grow their businesses via traditional...
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03-09-22 – Coalition of Parents in Esports (COPE) Announces Addition of Justin M. Jacobson, Esq. to its Industry Advisory Board (New York, NY) – The Coalition of Parents in Esports (COPE) has announced that Justin M. Jacobson, Esq. has joined its Industry Advisory Board as its President in addition to acting as the organization’s legal...
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Some Additional Legal Protections for Small Business Owners By Justin M. Jacobson, Esq. Building off the initial piece, this article explores some additional available legal protections that small business owners might consider when starting or operating an existing company. While this is not an exhaustive list, it is meant to explore a few other relevant...
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On March 7, 2022, the #EsportsBizShow aired on Preediction on Youth Esports with James O’Hagan of The Academy of Esports and the  Director of Digital & Virtual Learning for Racine Unified School District in Wisconsin. In this episode, he discussed his work in the esports and gaming space, including his work in the youth, middle...
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On March 7, 2022, Bleave In Sports Law with Jeremy Evans of California Sports Lawyer aired an episode featuring Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview hosted by Jeremy Evans focused on Justin’s previous esports and gaming legal and business industry experience, including his work on behalf of musicians, professional...
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On February 28, 2022, the #EsportsBizShow aired on Preediction on Esports and Video Game Law with Associate Counsel for Gearbox Software, Veda Cruz, Esq. In this episode, Veda discussed her work in the video game space, including her current work at game publisher and developer, Gearbox Software, who has developed and published many top game...
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On February 21, 2022, the #EsportsBizShow aired on Preediction on Esports Business with Director of Twitch Properties for Esports and Gaming, Christian Bishop. In this episode, Christian discussed his work in the esports and gaming space, including his prior work with esports organization, Method Gaming. He continues by exploring his current work as the Director...
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On February 18, 2022, Esports Connected hosted by Megan Van Patten and the Esports Trade Association aired an episode featuring Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin’s previous esports and gaming legal and business industry experience, including his work on behalf of musicians, professional athletes, professional gamers,...
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02-15-22 – JUSTIN M. JACOBSON SPOKE AT A WEBINAR ON SOME COMMON LEGAL PROTECTIONS FOR SMALL BUSINESS OWNERS HOSTED BY THE SMALL BUSINESS UNIVERSITY ONLINE (New York, NY) – Justin M. Jacobson recently spoke at a webinar on “Some Common Legal Protections for Small Business Owners” hosted by the Small Business University as part of...
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On February 14, 2022, the #EsportsBizShow aired on Preediction on Professional Esports Organizations with Lead Esports Strategist for New York Islanders, Jordan Zelniker of Isles GT. In this episode, Jordan discussed his work in the esports and gaming space, including working with the eMLS team for D.C. United and with Caps Gaming (NHL esports) and...
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Some Intellectual Property Law Considerations When “Minting” An NFT By Justin M. Jacobson, Esq. The current buzz in the entertainment, sports, gaming, fashion, and art worlds as well as in other lifestyle, business, and technology areas are the “metaverse” and “non-fungible tokens” known as “NFTs.” However, it is crucial that an individual or company attempting...
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02-09-22 – JACOBSON GUEST LECTURES FOR DREXEL UNIVERSITY’S BUSINESS OF ESPORTS CLASS (New York, NY) – Justin M. Jacobson was a guest lecturer for the Business of Esports class at Drexel University, which is part of their BSBA in Esports Business program. While speaking to the class, Justin explored his trajectory from law school to...
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On February 8, 2022, the #EsportsBizShow aired on Preediction on Youth Esports with Chief Learning Officer, Nick “Obi-Wan Nickobi” Schiner of Coalition of Parents In Esports (COPE) and Digital Promise. In this episode, Nick discussed his work in the esports and gaming space, including bringing technology and gaming into the classroom. He continues by exploring...
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02-02-22 – JACOBSON GUEST LECTURES FOR NORTHWOOD UNIVERSITY’S ESPORTS EVENT MANAGEMENT AND PRODUCTION CLASS (New York, NY) – Justin M. Jacobson was a guest lecturer for the Esports Event Management and Production class at Northwood University. While speaking to the class, Justin explored his past esports industry experience, including his day-to-day role as an esports...
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On January 26, 2022, the fourth episode of “Ask An Esports Attorney” aired to a live digital audience. The segment was presented by Ritual Motion and hosted by esports attorney and Vice-President at The Jacobson Firm, Justin M. Jacobson, Esq. The fourth episode of program featured Mr. Jacobson fielding questions from the live audience, including...
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On February 1, 2022, the #EsportsBizShow aired on Preediction on Esports Casting with professional Fortnite caster, host and analyst, LifeWithPanda. In this episode, LifeWithPanda discussed his journey to becoming a professional Fortnite caster and analyst. He continued by exploring his previous work as a professional caster and analyst for various Fortnite events as well as...
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On January 24, 2022, the #EsportsBizShow aired on Preediction on College Esports with Joey Gawrysiak of Shenandoah University. In this episode, Joey discussed the esports academic program at Shenandoah University, including its various educational courses as well as their internship opportunities such as with professional esports organizations. He continued by exploring the type of education...
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On January 19, 2022, The #EsportsBizShow aired on Preediction on International Esports Academics with Richard Withers of Kajaani University of Applied Sciences. In this episode, Richard discussed his story and how he first got started in the esports and gaming world on the academic and scholastic side. He continues by exploring the esports business academic...
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  On January 12, 2022, the third episode of “Ask An Esports Attorney” aired to a live digital audience. The segment was presented by Ritual Motion and hosted by esports attorney and Vice-President at The Jacobson Firm, Justin M. Jacobson, Esq. The third episode of program featured Mr. Jacobson fielding questions from the live audience,...
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On January 11, 2022, The #EsportsBizShow aired on Preediction with the President of North American Collegiate League (NACL), David Chen. In this episode, David discussed his story and how he first got started in the esports and gaming world as an investor in FaZe Clan. He continues by exploring the formation of North American Collegiate...
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On January 4, 2022, The Sean Trace Show aired Episode 87 featuring Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin’s previous music, sports esports and gaming legal and business industry experience, including his work on behalf of musicians, professional athletes, professional gamers, streamers and content creators. Justin spoke...
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On January 3, 2022, The #EsportsBizShow aired on Preediction on Women in Esports and Gaming with the CEO and Co-Founder of The Gamehers, Rebecca Dixon. In this episode, Rebecca discussed the formation of The Gamehers, including their past work and some current recent projects, including launching their App. She continued by discussing The Gamehers Awards...
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On December 15, 2021, the second episode of “Ask An Esports Attorney” aired to a live digital audience. The segment was presented by Ritual Motion and hosted by veteran esports attorney and Vice-President at The Jacobson Firm, Justin M. Jacobson, Esq. The second episode of program featured Mr. Jacobson fielding questions from the live audience,...
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On December 15, 2021, The #EsportsBizShow aired on Preediction on Music and Gaming with the Director of Business Development and  Gaming and the Immersive Media Lead at Brett Marks of Columbia Records. In this episode, Brett discussed his background in music and live entertainment and how he transitioned to running the esports and gaming division...
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12-03-21 – JACOBSON GUEST LECTURES FOR SEVERAL UNIVERSITIES ON ESPORTS BUSINESS AND LAW (New York, NY) – Justin M. Jacobson was a guest lecturer at four different colleges over the past few months. This includes speaking at an esports marketing class at Seneca College in Canada. He also was a guest lecturer for esports students...
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On December 1, 2021, the first episode of “Ask An Esports Attorney” aired to a live digital audience. The segment was presented by Ritual Motion and hosted by veteran esports attorney and Vice-President at The Jacobson Firm, Justin M. Jacobson, Esq. The first episode of program featured Mr. Jacobson fielding questions from the live audience,...
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On November 15, 2021, The #EsportsBizShow aired on Preediction on Youth Esports with Chris Aviles of Garden State Esports. In this episode, Chris discussed his background in esports and how he developed the first middle school varsity esports program in New Jersey. Aviles continued by exploring the creation and development of Garden State Esports, including...
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On November 12, 2021, The Power Level on Ritual Motion hosted by Crystal Mills, Rebecca Dixon of Gamehers and Alex Hutchi released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin’s previous esports and gaming industry experience, including his work on behalf of professional gamers, streamers...
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11-08-21 – Jacobson hosts “Professional Job In Esports” information session during SIEGE2021 hosted by Georgia Game Developers Association (New York, NY) – Justin M. Jacobson recently hosted an information session focused on “Professional Jobs in Esports” as part of the SIEGE2021, a conference hosted by the Georgia Game Developers Association. This webinar explored the various...
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On November 2, 2021, The #EsportsBizShow aired on Preediction on Fantasy Esports with Stu Porter and Jack Porter of Clout Fantasy. In this episode, each of them discussed their background in the industry. The Porter brothers continued by exploring the creation and development of Clout Fantasy, including its unique spot as a daily fantasy esports...
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Trademark Law Update: The Trademark Modernization Act In March 2020, Congress passed the Trademark Modernization Act of 2020 (“Trademark Modernization Act”). Depending on which side you sit on, this was either a great step forward or backward for trademark owners. If nothing else, this tightens up the practice of registering and keeping registered trademarks; and,...
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10-06-21 – Jacobson Acts As A Panelist For “They Aren’t Playing Games: The Growth, Challenges and Legal Issues in Esports” Panel As Part of PLI’s Sports Law Program (New York, NY) – Justin M. Jacobson recently provided insight on “They Aren’t Playing Games: The Growth, Challenges and Legal Issues in eSports” panel as part of...
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On October 6, 2021, The DLC Drop hosted by John Davidson released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin’s previous esports and gaming industry experience, including his work on behalf of professional gamers, streamers and content creators and looking at professional gamer contracts. Justin...
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10-05-2021 – JUSTIN M. JACOBSON NAMED SUPER LAWYER RISING STAR AGAIN (New York, NY) Justin M. Jacobson, Vice-President of The Jacobson Firm, P.C. has been selected for a sixth year in a row as a 2021 SuperLawyer Rising Star. Mr. Jacobson will be listed in the New York Times Magazine as well as on the...
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On September 13, 2021, The #EsportsBizShow aired on Preediction on Esports Organizations with President of Immortals Gaming Club, Jordan Sherman. In this episode,he discussed his path from traditional sports at the L.A. Clipper and MLB to Gen. G Esports and eventually to becoming President of Immortals Gaming Club (IGC). Jordan continues by exploring Immortals’ future...
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On August 17, 2021, Esports Heaven released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin’s previous esports and gaming industry experience, including his work on behalf of professional gamers, streamers and content creators and how the esports business has changed and become more professionalized. Justin...
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On August 16, 2021, The Market Madness Podcast presented by WOLF Financial and hosted by Gav Blaxberg aired an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin’s previous esports and gaming industry experience, including his work on behalf of professional gamers, streamers and content creators and...
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08-09-21 – JEFFREY E. JACOBSON: 32 YEARS OF “AV PREEMINENT ®” PEER REVIEW RATING FROM MARTINDALE-HUBBELL (New York, NY) – Jeffrey E. Jacobson recently celebrated 32 years of AV Preeminent ® rating from Martindale-Hubbell—the highest possible rating for attorneys. Since 1990, Jeffrey E. Jacobson has consistently received Martindale-Hubbell’s top rating for a period of 32...
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On August 9, 2021, The #EsportsBizShow aired on Preediction on Gaming Content Creators and Streamers with OfficialChiKa. In this episode, she discussed her growth and expansion in esports, streaming and gaming scene. OfficialChika continues by exploring her work in the space on behalf of Women in Games and how she approaches her day-to-day business affairs....
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JEFFREY E. JACOBSON NAMED SUPER LAWYER AGAIN IN 2021 (New York, NY) – Jeffrey E. Jacobson, President of The Jacobson Firm, P.C. has been selected for an eighth year in a row as a 2021 Super Lawyer. In this role, Mr. Jacobson will be listed in the New York Times Magazine as well as on...
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On August 2, 2021, The #EsportsBizShow aired on Preediction on Esports and Health and Wellness with Dr. Lindsey Migliore of GamerDoc. In this episode, Dr. Migliore discussed the growth and expansion of health and wellness in esports and gaming scene. GamerDoc continues by exploring her new book, “Handbook of Esports Medicine: Clinical Aspects of Competitive Video...
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On July 26, 2021, The #EsportsBizShow aired on Preediction on Music, Esports and Gaming with Strategic Partnerships and Gaming Strategy lead at Atlantic Records, Willie Breslau. In this episode, Mr. Breslau discussed how the growth and expansion of music in esports and gaming scene. Willie continues by exploring how Atlantic Records is proceeding in the...
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On July 19, 2021, The #EsportsBizShow aired on Preediction on Streaming and Esports teams with streamer and VP of Esports at Chilly Mountain, Sidkitten. In this episode, Sidkitten discussed how she originally began streaming and creating original gaming content. She continues by exploring how she incorporates yoga and fitness into her gaming regime as well...
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On July 12, 2021, The #EsportsBizShow aired on Preediction on NFTs and Crypto in Esports and Gaming with CEO of Spielworks, Adrian Krion. In this episode, Adrian discussed NFTs and the use of crypto-tokens in esports and gaming, including the Womplay platform. He continues exploring the future of NFTs and the use of blockchain technology...
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On July 6, 2021, The #EsportsBizShow aired on Preediction on Co-Founder and CEO of Allstar, Nick Cuomo. In this episode, Nick discussed the formation and growth of Allstar, including receiving an investment from Mark Cuban. He then explained what makes the product unique and a great fit for upcoming streamers and content creators. Check the...
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On June 30, 2021, The Esports Observer quoted Justin M. Jacobson, Esq., Vice-President of The Jacobson Firm, P.C. and Manager of Ford Models’ Esports and Gaming talent division as part of their article entitled “Ford Models to participate in Esports Fashion Week” In particular, Mr. Jacobson commented on the Ford Models’ role in the Esports...
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06-30-21 – JACOBSON FIRM ATTORNEYS JUSTIN M. JACOBSON, AND PABLO G. VELEZ SPOKE ON A PANEL ON IMMIGRATION, COPYRIGHT AND TRADEMARK LAW MATTERS FOR ESPORTS TEAMS, PROFESSIONAL GAMERS AND STREAMERS HOSTED BY RITUAL MOTION AND COPE (New York, NY) – The Jacobson Firm’s lawyers Justin M. Jacobson and Pablo G. Velez recently spoke on a...
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On June 29, 2021, Esports Insider quoted Justin M. Jacobson, Esq., Vice-President of The Jacobson Firm, P.C. and Manager of Ford Models’ Esports and Gaming talent division as part of their article entitled “Ford Models joins Esports Fashion Week” In particular, Mr. Jacobson commented on the Ford Models’ role in the Esports Fashion Week pilot...
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On June 28, 2021, The #EsportsBizShow aired on Preediction on Esports Events with Director of Business Development for Collegiate Star League (CSL) Esports, Charles O’ Donnell. In this episode, Charles discussed Collegiate Star League‘s various collegiate esports tournaments and their educational offerings for colleges. He then explained some of the unique services that CSL Esports...
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On June 18, 2021, The Esports Observer quoted Justin M. Jacobson, Esq., Vice-President of The Jacobson Firm, P.C. and Manager of Ford Models’ Esports and Gaming talent division as part of their article entitled “XSET Warzone Pro Fro Partners With Buffd for NFT” In particular, Mr. Jacobson commented on the Ford Models’ role in conceptualizing...
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On June 21, 2021, The #EsportsBizShow aired on Preediction on Youth Esports with Christopher Turner of Southern University Lab School. In this episode, Chris discussed how creating and operating youth and high school esports programs. He then explored the potential opportunities in youth and high school esports in HBCUs. Check the full interview here and...
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On June 16, 2021, The Esports Observer quoted Justin M. Jacobson, Esq., Vice-President of The Jacobson Firm, P.C. and Manager of Ford Models’ Esports and Gaming talent division as part of their article entitled “Gaming and Esports Talent Come Together in Promoting STEM Careers.” In particular, Mr. Jacobson commented on the Ford Models’ role in...
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On June 16, 2021, The EdUp Esports podcast hosted by Jerry Sanchez aired an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin’s previous esports and gaming industry experience, including his work on behalf of professional gamers, streamers and content creators. He sheds light on his recently...
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On June 14, 2021, The #EsportsBizShow aired on Preediction on Esports Venues with Co-Founder of BrookLAN, Alec Polsley. In this episode, Alec discussed how he first started in the esports and gaming space and he started throwing local esports events. He then explored how he transitioned into opening New York and Brooklyn’s newest gaming arena,...
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On June 10, 2021, ZenSports Ball and Chain podcast hosted by Mark Thomas aired an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin’s previous esports and gaming industry experience, including his work on behalf of professional gamers, streamers and content creators. He sheds light on his...
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On June 7, 2021, The #EsportsBizShow aired on Preediction on Esports Organizations with CEO and Co-Founder, Mark Josey of Kansas City Pioneers. In this episode, Mark discussed how he first started in the esports and gaming space and he originally formed the Kansas City Pioneers. He then explored how the team grew and expanded into...
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On June 2, 2021, Esports Careers Podcast hosted by Robin Silk aired an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin’s previous esports and gaming industry experience, including his work on behalf of professional gamers, streamers and content creators. He sheds light on his experiences managing...
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On June 1, 2021, The #EsportsBizShow aired on Preediction on Esports Marketing with Tatiana Tacca. In this episode, Tatiana discussed how she first started in the esports and gaming space on the marketing and partnership side. She then expanded into how she works with brands to work in the gaming space and how to add...
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05-28-21 – Jacobson Acts As Panelist For “Esports and the Blockchain: Buzzwords or Innovation?” Panel As Part of the 2021 Inven Global Esports Conference (IGEC) (New York, NY) – Justin M. Jacobson recently provided insight on “Esports and the Blockchain: Buzzwords or Innovation?” panel as part of the 2021 Inven Global Esports Conference (IGEC). Justin...
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On May 24, 2021, The #EsportsBizShow aired on Preediction on Esports Education with Director of Esports at SPIRE Academy, Robert Skinnion. In this episode, Robert discussed how he first started in the esports and gaming space and how he transitioned to the coaching side of esports. He then explored how he began working as Director...
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On May 24, 2021, Fraggin’ & Laggin’ Podcast hosted by Junkhead and Joaquim Blaze aired an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin’s previous esports and gaming industry experience, including his work on behalf of professional gamers, streamers and content creators. He continues by explaining...
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A Quick Look at Social Media Disclosures for Influencers By Justin M. Jacobson, Esq. Today’s entertainment, sports, music, and gaming worlds are dominated by the rise of influential celebrities and personalities commonly referred to as “influencers.” Many of these influencers operate in the physical space as well as within the digital metaverse and social media...
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On May 17, 2021, The #EsportsBizShow aired on Preediction on Esports and Gaming Creators and Streamers with former NFL All-Pro and current esports head coach at Lakeland University, Ahman Green. In this episode, Ahman discussed how he first started in the esports and gaming space after being a star NFL player. He then explored how...
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On May 14, 2021, Full Contact Nerd hosted by Cris Alvarez aired an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin’s previous esports and gaming industry experience, including his work on behalf of professional gamers, streamers and content creators and his motivation for writing the book....
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On May 10, 2021, The #EsportsBizShow aired on Preediction on Esports Content Licensing with Co-Founder of ESPAT, Mario Prosperino. In this episode, Mario discussed how he first started in the sports licensing space at Getty Images. He then explored how he began working in the esports and gaming space, including the formation and growth of...
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On May 3, 2021, The #EsportsBizShow aired on Preediction on Esports Academics with Dr. Seth Jenny, an Assistant Professor Esports at Slippery Rock University and Founding Member of the Esports Research Network‬. In this episode, Dr. Jenny discussed how he first started the esports program at Slippery Rock University. He explored creating esports academic curriculum...
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On April 30, 2021, The Esports Observer released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on the rise of NFTs or non-fungible tokens in esports, gaming and entertainment worlds. The piece included Justin’s perspectives on its growth in the art, music and sports worlds as well...
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04-27-21 – JEFFREY E. JACOBSON, JUSTIN M. JACOBSON, AND PABLO G. VELEZ ALL SPOKE AT WEBINAR ON VISA AND IMMIGRATION ISSUES FOR MUSICIANS AND MUSIC MAKERS HOSTED BY THE GRAMMY’S MUSICARES (New York, NY) – Jeffrey E. Jacobson , Justin M. Jacobson, and Pablo G. Velez recently all spoke at a webinar on “Visas and...
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On April 27, 2021, The HipHopGamer Show on Hot 97 hosted by The HipHopGamer aired an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin’s previous esports and gaming industry experience, including his work on behalf of professional gamers, streamers and content creators and some pitfalls that...
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On April 26, 2021, The #EsportsBizShow aired on Preediction on Esports Business with Co-Founder of 1v1 Me App, Anthony Geranio‬. In this episode, Anthony discussed how he first started working in the gaming space and about the eventual formation of the 1v1 Me App. He explored what 1v1 Me App is, how a user gets...
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On April 25, 2021, the esports show, The #OG2Cents Podcast hosted by OG KING CURT released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin’s previous esports industry experience, including his work on behalf of professional gamers, streamers and content creators and his journey from college...
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04-23-21 – JUSTIN M. JACOBSON JOINS THE ESPORTS RESEARCH NETWORK (New York, NY) – Justin M. Jacobson was approved to join the Esports Research Network. As an Adjunct Professor at University of North Carolina Wilmington, Justin will be providing his unique insight on the professional gaming world with dozens of other industry professionals and academics...
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An Introduction to NFTs in the Esports and Gaming Worlds By Justin M. Jacobson, Esq. Today’s entertainment, sports, art, esports and gaming industries are buzzing about NFTs or “non-fungible tokens.” This includes musicians earning millions of dollars through releasing their own NFTs, professional athletes launching their own NFT companies, and the trending NBA Top Shot...
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On April 19, 2021, The #EsportsBizShow aired on Preediction on Esports Content Creators with Tik Tok Gaming Content Creator and Streamer, Overtflow‬. In this episode, Overtflow discussed how he first started working in the gaming content creation and streaming space. He explored his current work on Tik Tok as well as fighting against FaZe Sensei...
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The recently released, “The Essential Guide to the Business & Law of Esports & Professional Video Gaming“ by Justin M. Jacobson, Esq. received coverage on Yellowbrick Learning. The text provides the reader with an in-depth look at the business and legal matters associated with the esports world. This includes coverage of the stakeholders in the...
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On April 15, 2021, esports show, The Wide World of Esports part of the ThinkTech Hawaii hosted by Katharine Nohr released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin’s previous esports industry experience, including his work on behalf of professional gamers, streamers and content creators....
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On April 12, 2021, The #EsportsBizShow aired on Preediction on Esports Shoutcasters and Hosts with Rob “Reforge” Gonzales‬. In this episode, Rob discussed how he first started working in the esports casting and hosting space. He explored his previous event casting and hosting work including in a variety of different games. Check the full interview...
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04-12-21 – Jacobson Acts As A Panelist For “The Future of Esports and Gaming Law” Panel As Part SULC Esports Summit 2021 (New York, NY) – Justin M. Jacobson recently provided insight on “The Future of Esports and Gaming Law” panel as part of the Southern University Law Center’s (SULC) Esports Summit 2021. In fact,...
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On April 5, 2021, The #EsportsBizShow aired on Preediction on Esports Media with Managing Director for Esports Insider, Sam Cooke. In this episode, Sam discussed how he first started working in the esports media space and how the Esports Insider was formed. He explored the publication’s growth and expansion into other areas of media, including...
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The recently released, “The Essential Guide to the Business & Law of Esports & Professional Video Gaming“ by Justin M. Jacobson, Esq. received coverage on SciFi Pulse. The text covers everything a reader should know about the past, present, and future of esports and professional video gaming. This guide provides the reader with an in-depth...
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03-27-21 – Jacobson Acts As A Panelist For The “Esports Connection to In-Demand Job Skills” Panel As Part Of Ritual Motion’s College Esports Fair (New York, NY) – Justin M. Jacobson recently provided insight on the “Esports Connection to In-Demand Job Skills” panel as part of Ritual Motion’s College Esports Fair. In fact, Justin was...
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03-26-21 – Jacobson Acts As Moderator For “Working with Partners – Panel: Maximizing Sponsorships in the Collegiate Ecosystem” As Part Of The Esports Business Summit University 2021 (New York, NY) – Justin M. Jacobson recently acted as the moderator for the “Working with Partners – Panel: Maximizing Sponsorships in the Collegiate Ecosystem” as part of...
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On March 29, 2021, The #EsportsBizShow aired on Preediction on Esports Shoutcasters and Hosts with ESPN’s Arda Ocal‬. In this episode, Arda discussed how he first started working in the sports and esports space as an on-air broadcaster and television show host. He explored his current and past experience as an esports caster and host,...
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03-24-21 – Jacobson Acts As A Panelist For The “Content Creation and Esports: An Introduction to the Future of Gaming” Panel As Part Of FIU Law’s SEFA First Annual Symposium (New York, NY) – Justin M. Jacobson recently provided insight on the “Content Creation and Esports: An Introduction to the Future of Gaming” panel as...
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A Look At NFTs in the Art, Entertainment, Music, Sports, Esports and Gaming Worlds and the Metaverse By Justin M. Jacobson, Esq. NFTs or “non-fungible tokens” are all the buzz in today’s entertainment, sports, art, esports and gaming industries. This includes musicians earning millions of dollars through releasing their own NFTs, celebrities like Tom Brady...
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On March 22, 2021, Esports Heaven quoted Justin M. Jacobson, Esq., Vice-President of The Jacobson Firm, P.C. and Manager of Ford Models’ Esports and Gaming talent division as part of their article entitled “Visions and Values: XSET sign Avori Henderson.” In particular, Mr. Jacobson commented on the Ford Models’ role in the streamer and content...
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On March 22, 2021, The #EsportsBizShow aired on Preediction on Esports Marketing with Rebecca Longawa‬. In this episode, Rebecca discussed how he first started working in the sports and esports space as a marketer. She explored her current and past experience, including working on unique esports sponsorship marketing campaigns on behalf top esports organizations. Check...
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03-10-21 – Sacred Heart University Announces the Addition of Justin M. Jacobson, Esq. to its Esports Advisory Board (New York, NY) – Sacred Heart University located in Connecticut has announced that Justin M. Jacobson, Esq. has joined its Esports Advisory Board. This past year, Sacred Heart University launched a “minor” in esports. As member of...
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On March 15, 2021, The #EsportsBizShow aired on Preediction on Esports Law & Licensing with the Senior VP of Entertainment & Talent Management at WWE, Darren Traub‬. In this episode, Darren discussed how he first started working in the entertainment and esports space as an attorney. He explored his current and past experience, including working...
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03-08-21 – The SPIRE Academy Announces the Addition of Justin M. Jacobson, Esq. as an Esports Adjunct Lecturer (New York, NY) – This upcoming fall, Justin M. Jacobson, Esq. will act as adjunct lecturer on the topics of business structures, contract negotiation, and other business and legal matters in Esports for the SPIRE Academy. The...
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On March 8, 2021, The #EsportsBizShow aired on Preediction on Professional Gamers with Mortal Kombat pro, 2eZ for Pittsburgh Knights. In this episode, 2eZ discussed how he first started in esports and competitive gaming with Mortal Kombat X. He explored his current and past professional gaming experience, including recent live tournaments and previous top Mortal...
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On March 1, 2021, The #EsportsBizShow aired on Preediction on Esports Governance with Chris Kissack, the Head of Esports for the Isle of Man Government. In this episode, Chris discussed how he first started in esports and competitive gaming and his transition to the business side of the industry. He explored esports governance and how...
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On February 24, 2021, The Esports Observer quoted Justin M. Jacobson, Esq., Vice-President of The Jacobson Firm, P.C. and Manager of Ford Models’ Esports and Gaming talent division as part of their article entitled “Frozone, Ford Models, and XSET: An Inside Look at This Talent’s Negotiation.” In particular, Mr. Jacobson commented on the Ford Models’...
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On February 22, 2021, The #EsportsBizShow aired on Preediction on Esports Events with Tanner Stark of FaceIT. In this episode, Tanner discussed how he first started in esports and competitive gaming and his transition to the business side of the industry. He explored creating esports organization Disrupt Gaming and his current work with FaceIT in...
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On February 15, 2021, The #EsportsBizShow aired on Preediction on Professional Gamers with Misfits Gaming Pro Player and Streamer, Sceptic. In this episode, Sceptic discussed how he first started streaming and how killing “Tfue” in a random match caused his career to explode. He explored working with EDM producer Marshmello, Whistle Sports and participating in...
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02-05-21 – JUSTIN M. JACOBSON: Adjunct Professor at University of North Carolina Wilmington for its Esports Certificate Program (New York, NY) – Justin M. Jacobson started his first semester as an Adjunct Professor for Esports Leadership Development teaching an undergraduate and graduate course at the University of North Carolina Wilmington as part of their Watson...
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On February 8, 2021, The #EsportsBizShow aired on Preediction on Esports Entrepreneurs with Dr. Drew Schwartz of For The Wellness Blog. In this episode, Drew discussed the creation and his work at For The Wellness Blog. He explored some of his work with professional gamers and esports organizations to help their health and gaming mechanics....
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On February 4, 2021, esports marketing podcast, Future of Marketing in Esports, part of the Esports Futuri Podcast Network hosted by Rebecca Longawa released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin’s previous esports industry experience, including his work on behalf of professional gamers, streamers...
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On February 1, 2021, The #EsportsBizShow aired on Preediction with Shae Williams and Chris Spikoski of Coalition of Parents in Esports (COPE). In this episode, the duo discussed the creation and main objectives of COPE, the Coalition of Parents in Esports. They then explored the experience as a parent of a professional gamer and how...
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01-29-21 – JACOBSON GUEST LECTURES FOR ETSU SPORT & RECREATION MANAGEMENT PROGRAM ESPORTS COACHING CLASS (New York, NY) – Justin M. Jacobson was a guest lecturer for the Esports Coaching class which is part of the East Tennessee State University’s Sport and Recreation Management Program. While speaking to the class, Justin discussed his past esports...
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On January 25, 2021, The #EsportsBizShow aired on Preediction on Professional Gamers with legendary former professional gamer turned businessman, Johnathan “Fatal1ty” Wendel. In this episode, Fatal1ty discusses his past professional gaming experience and provided some insight on competing at the highest level of competitive gaming and winnings. He then explore how he first got started...
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The Brief History of Mechanical Royalties and Music in the U.S. By Jeffrey E. Jacobson, Esq. & Justin M. Jacobson, Esq. The existence and evolution of mechanical royalties and their impact on the U.S. music business is very important to understand. While today these royalties are not a chief source of income for most musicians...
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On January 19, 2021, The #EsportsBizShow aired on Preediction on Esports Associations and Esports Federations with Eliot Oreskovic,COO of the United States Esports Association and Managing Partner for Business and Strategy with Azara Gaming. In this episode, Eliot discusses his past gaming experience and how he first got started in the esports business world. He...
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On January 12, 2021, The #EsportsBizShow aired on Preediction on Esports Entrepreneurs with Anthony Scalzi, CEO of Aporia Customs and JerkyXP. In this episode, Anthony discusses his past gaming experience and how he first got started in the esports business world. He continues by exploring the growth of his various companies, including Aporia Customs and...
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On January 9, 2021, esports and gaming publication Syft.gg released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin’s previous esports industry experience, including his current legal work on behalf of professional gamers, streamers and organizations. He continues by discussing his role as the Manager for...
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On January 5, 2021, The #EsportsBizShow aired on Preediction on Esports Media with Crystal Mills, the VP of Content at Ritual Motion and an Ambassador for Women In Games. In this episode, Crystal discusses her past gaming experience and how she first got started in the esports media world as an esports reporter. She continues...
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January 2021 Update: The CASE Act Creates a New Copyright Small Claims Court By Jeffrey E. Jacobson, Esq. & Justin M. Jacobson, Esq. While the U.S. Constitution encourages the development of the arts and sciences through the use of intellectual property legal protections such as copyrights and patents; your ability to effectively enforce your rights...
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On December 29, 2020, The #EsportsBizShow aired on Preediction on Fantasy Esports with Dylan Sena, the CEO of DraftBuff. In this episode, Dylan discusses his past gaming experience and how he began creating DraftBuff. He discusses the growth of fantasy esports and the evolution of DraftBuff. Check the full interview here and below.
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Mechanical Licensing 101 By Justin M. Jacobson Esq. There are a variety of relevant and appropriate licenses required when releasing a song within the music industry. This article explores one of the most commonly acquired licenses, the mechanical license. This type of license (the right or permission to do something) is necessary when initially releasing...
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On December 24, 2020, The International Journal of Esports and its Chief Editor Dr. Aaron Koshy released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin’s previous esports industry experience, including his current legal work on behalf of professional gamers, streamers and organizations. He continues by...
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12-22-20 – JACOBSON ACTS AS PANELIST FOR ESPORTS BUSINESS PANEL AS PART OF AMERICAN ESPORTS WEEK PRESENTED BY THE UNITED STATES ESPORTS ASSOCIATION (New York, NY) – Justin M. Jacobson recently provided insight as part of the esports business panel for American Esports Week 2020 presented by the United States Esports Association and the Global...
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12-17-20 – JACOBSON ACTS AS PANELIST FOR “ESPORTS ENDORSEMENTS” AS PART OF THE SACRED HEART UNIVERSITY’S TECHSTARS STARTUP WEEK (New York, NY) – Justin M. Jacobson recently provided insight on the “Esports Endorsement” panel as part of Sacred Heart University’s Techstars Startup Week. Justin was joined by the Director of the Sports Management Program and...
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On December 22, 2020, The #EsportsBizShow aired on Preediction on College Esports with Director of Esports and Co-Curricular Innovation at University of Oklahoma, Mike “Moog” Aguilar. In this episode, Mike discusses his past gaming experience and how he began creating University of Oklahoma‘s esports program. He discusses all the various esports and gaming opportunities at...
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12-09-20 – JACOBSON SPOKE AT WEBINAR ON MUSIC IN COPYRIGHTS HOSTED BY THE GRAMMY’S MUSICARES (New York, NY) – Jeffrey E. Jacobson recently spoke at a webinar on the “Copyright in Music” hosted by the National Academy of Recording Arts and Sciences’ (NARAS) Musicares’ educational program. This webinar explored various copyright law concepts related to...
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On December 14, 2020, The #EsportsBizShow aired on Preediction on Esports Coaching with Del “DJ” Layton, the Head Coach for Kings Guard Gaming in the NBA 2K League. In this episode, DJ discusses his past competitive gaming and basketball background and his transition from competitive NBA 2K player to head coach. He continues by providing...
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12-08-20 – JACOBSON HOSTS WEBINAR ON ESPORT AND GAMING CAREERS WITH YELLOWBRICK LEARNING (New York, NY) – Justin M. Jacobson recently hosted a webinar on the “Esports and Gaming Careers” in conjunction with Yellowbrick Learning’s Gaming educational program. Yellowbrick Learning operates the “Gaming and Esports Industry Essentials” together with faculty from the Fashion Institute of...
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On December 8, 2020, The #EsportsBizShow aired on Preediction on College Esports with Professor & Esports Program Coordinator at the University of North Carolina Wilmington, Dr. Ray Pastore. In this episode, Dr. Pastore discusses his past gaming background and his role as an esports academic professor. He continues by providing some insight into why University...
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On December 4, 2020, Esports Talk and its reporter, Dustin Steiner released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin’s previous esports industry experience, including his current legal work. He continues by discussing some of the worst contract mistakes rookies make,future of Ford Models’ esports...
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On December 1, 2020, The #EsportsBizShow aired on Preediction on Gaming Content Creators and Streamers with Eric “ClipZ” Rivera, known as “FaZe ClipZ.” In this episode, ClipZ discusses his past gaming background and his role as one of the initial creators of FaZe Clan in early 2010. He continues by providing some insight into his...
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On November 23, 2020, The #EsportsBizShow aired on Preediction on College Esports with the General Manager and Academic Advisor for California State University at Dominguez Hills’ Esports Program, Ruben Caputo. In this episode, Ruben discusses his past gaming background and his day-to-day responsibilities as the General Manager for CSUDH’s esports programs. He continues by providing...
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On November 16, 2020, The #EsportsBizShow aired on Preediction on Esports Sponsorships with the Marketing Manager for Respawn Products, Alex Gonzalez. In this episode, Alex discusses his past gaming background and his day-to-day responsibilities as the Marketing Manager for esports company, Respawn Products. He continues by providing some insight into how talent and teams should...
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11-02-20 – JACOBSON ACTS AS PANELIST FOR “THE BUSINESS OF ESPORTS” AS PART OF THE 6TH ANNUAL BERKELEY LAW SPORTS AND ENTERTAINMENT CONFERENCE (New York, NY) – Justin M. Jacobson recently provided insight on the “Business Of Esports” panel as part of the 6th Annual Berkeley Law Sports and Entertainment Conference hosted by the Berkeley...
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11-02-20 – JACOBSON GUEST LECTURES FOR OU COLLEGE OF LAW’S SPORTS AND ENTERTAINMENT LAW SOCIETY (New York, NY) – This past week, Justin M. Jacobson was a guest lecturer for Oklahoma University’s College of Law’s Sports and Entertainment Law Society. During the speaking engagement for the society, Justin discussed his past esports legal experience and...
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On November 6, 2020, The #EsportsBizShow aired on Preediction with Call of Duty Warzone streamer, Drew “Frozone” Bienusa. In this episode, Frozone discusses his past gaming background and how he initially started streaming gaming content. Drew continues by explaining the day-to-day grind of steaming as well as provided some insights on how to be a...
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10-30-20 – JACOBSON ACTS AS PANELIST ON “THE HOT LEGAL TOPICS IN ESPORTS AND GAMING WORLD” AS PART OF THE ESPORTS BUSINESS SUMMIT 2020 (New York, NY) – Justin M. Jacobson recently provided insight on some of the “hot” legal issues in esports and gaming as part of the Esports Business Summit 2020. In fact,...
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On November 2, 2020, The #EsportsBizShow aired on Preediction with Dan Bravato, President of  SeventySix Capital Sports Advisory and Chris Yortos, Managing Director of SeventySix Capital Sports Advisory. In this episode, Dan and Chris each discuss their own unique past gaming and sports business industry experience. The duo continues by explaining what SeventySix Capital is...
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10-29-20 – JACOBSON GUEST LECTURES FOR SEVERAL COLLEGES DURING COVID-19 PANDEMIC (New York, NY) – The global pandemic could not stop Justin M. Jacobson from continuing to provide insight and from giving back to the youth. In fact, via stream, over the last two weeks, Justin was a guest lecturer at three different colleges. This...
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On October 21, 2020, GG N00BS and its reporter, Colin North released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin’s previous esports industry experience and explored how he started working in esports and professional gaming world. The piece continued by discussing esports law in general...
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On October 26, 2020, The #EsportsBizShow aired on Preediction with Facebook Gaming streamer, content creator and fashionista, Bobby Solez. In this episode, Bobby discusses his past streaming history, including how he first started creating content featuring his amazing sneaker collection. He continues by discussing how Ninja hosted his Mixer stream and describes some of his...
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On October 23, 2020, Off the Break and its host, Landon “Lando” Sanders released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview speculated on the current H3CZ, Optic Gaming and Chicago Huntsmen potential “swap” in the Call of Duty Pro League. Check the full interview here and below.
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On October 20, 2020, the Reachin’ & Teachin’ Podcast hosted by the Center for Educational Innovation (CEI) released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin’s previous esports industry experience and explored how he started working in esports and professional gaming. The piece continued by...
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First Time Releasing Music? (How To) Make Sure You Do It Right By Justin M. Jacobson, Esq. Once all the blood, sweat, tears, time, and money are invested into a musical work, it is now finally time for the artist to distribute the track. However, before a musician releases their song, they must be aware...
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On October 14, 2020, Dr. Ray Pastore, M.D., who an Associate Professor and Program Coordinator of Esports and Online Teaching and Learning within the Instructional Technology program at the University of North Carolina Wilmington, released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview by Dr. Pastore focused on...
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On October 16, 2020, The #EsportsBizShow aired on Preediction on Esports Entrepreneurs with the Founder of Juked.GG, Ben “Fishstix” Goldhaber. In this episode, Fishstix discusses his past esports history, including working at Twitch at the beginning. He continues by discussing this origin and future plans for his most venture, Juked.GG. Check the full interview here...
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Professional Gamers & Streamers: Protect Your Gamer-Tag By Justin M. Jacobson, Esq. Professional gamers and gaming “influencers,” including streamers and content creators may protect their in-game name known as a “gamer-tag” as well as their unique logo design. To achieve this, a gamer wishing to properly protect and monetize their personal “brand” should utilize trademark...
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On October 12, 2020, The #EsportsBizShow aired on Preediction on Professional Gamers with ESPN ESPY winner and professional NBA 2K League gamer, Timothy “oLARRY” Anselimo. In this episode, oLARRY discusses his past esports history, including the NBA 2K Pro-AM tournament for $250,000 and how this tournament led him to pursue a professional gaming career. He...
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On October 6, 2020, CSUDH Esports program presented a new installment of “CSUDH Esports Talk Sessions” hosted by Ruben Caputo featuring an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on his previous entertainment and esports industry experience. The piece continued by exploring some legal concepts that a...
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On October 1, 2020, The #EsportsBizShow aired on Preediction on Esports Franchise Leagues with Grant Paranjape, the Vice-President of Esports Business for Overwatch League franchise team, Washington Justice. In this episode, Grant discusses his past esports history, including his work with esports organization Spylce and NBA 2K League franchise, Wizards District Gaming. He continues by...
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On September 24, 2020, Media Post quoted Justin M. Jacobson, Esq., Vice-President of The Jacobson Firm, P.C. as part of their article entitled “Not-So-Strange Bedfellows: Ford Models, Gaming Influencers And Fashion.” In particular, Mr. Jacobson commented on the Ford Models’ new esports and gaming talent division and about content creator client, Bobby Solez. Click here...
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On September 23, 2020, The #EsportsBizShow aired on Preediction on Esports Coaching with Ivan “OG KING CURT” Curtiss, the Head Coach and General Manager for Nets Gaming in the NBA 2K League. In this episode, OG KING CURT discusses his past gaming history and the origins of one of the original NBA 2K “comp” leagues,...
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09-17-20 – JEFFREY E. JACOBSON: 30 YEARS OF “AV PREEMINENT ®” PEER REVIEW RATING FROM MARTINDALE-HUBBELL (New York, NY) – Jeffrey E. Jacobson recently celebrated 30 years of AV Preeminent ® rating from Martindale-Hubbell—the highest possible rating for attorneys. Since 1990, Jeffrey E. Jacobson has consistently received Martindale-Hubbell’s top rating for a period of 30...
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On September 14, 2020, esports podcast, Esportz Network Podcast hosted by Mitch Reames released the “What Drives the NBA 2K League” featuring an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C and Ivan “OG KING CURT” Curtiss, the General Manager and Coach of Nets Gaming. The podcast focused on the NBA...
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On September 14, 2020, The #EsportsBizShow aired on Preediction on Esports Player Development with Bill Freeman of PureSkillGG. In this episode, Bill discusses his past gaming history and his impressive background and credentials. He continues by discussing his company PureSkillGG and their automated AI player development tool for Counter-Strike: Global Offensive (CS:GO) that aspiring and...
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On September 8, 2020, esports podcast, The Business of Esports released Episode 95 that featured an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The podcast focused on his career history and his previous experience as an esports attorney. In the interview, Justin also discusses a variety of current events topics...
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On September 7, 2020, The #EsportsBizShow aired on Preediction featuring Professional Street Fighter gamer and one of the best “Ken” players in the world, Chris “Chris T’ Tatarian. In this episode, he discusses his past professional gaming history, including his experience on TBS’ ELEAGUE. He continues by highlighting a few of his most competitive matches...
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09-01-20 – JUSTIN M. JACOBSON ADDED TO THE INDUSTRY BOARD FOR THE INTERNATIONAL JOURNAL OF ESPORTS (New York, NY) – Justin M. Jacobson was added to the Industry Board for the International Journal of Esports (IJESPORTS). Justin will be providing his unique insight on the professional gaming world with other accomplished industry professionals. The International...
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On August 28, 2020, esports podcast, Project Genesiz released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C on his career history and his previous experience as an esports attorney. In the interview, Justin discusses some of the benefits that an esports attorney can provide as well as some common contract...
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On August 30, 2020, The #EsportsBizShow aired on Preediction featuring Matthew Gunnin, the Founder of Esports One. In this episode, he discusses his past esports history, including creating the League of Legends’ Leaguepedia.  He continues by exploring the creation and expansion of his company, Esports One and its unique League of Legends fantasy esports platform....
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On August 25, 2020, esports podcast, Esports Business Network released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C on his career history and his previous experience as an esports attorney. In the interview, Justin discusses some of the benefits that an esports attorney can provide as well as the need...
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On August 23, 2020, The #EsportsBizShow aired on Preediction featuring the Director of EU Esports for AZYT Global Talent, Ahilleas Papantos. Prior to joining AZYT, Ahilleas was the former co-owner of Sin Gaming in the Oceanic Pro League and the Team Director for Mammoth. In this episode, he discusses his past esports and music industry...
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On August 18, 2020, esports podcast The Lodgz Podcast hosted by Juan “Lodgz” Rodriguez released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C on his experience as an attorney in the esports space and his recent appointment as the Manager of Ford Models newly created, Esports & Gaming Division. In...
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Protect Your Esports Events: Some Legal & Business Practices For The Production of Live Esports Events By Justin M. Jacobson, Esq. With the recent global explosion in esports and professional gaming, there has been a substantial expansion in the frequency and magnitude of live esports events. These include events produced by established event organizers such...
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On August 12, 2020, The #EsportsBizShow aired on Preediction featuring the former General Manager for Method Gaming and current founder of Embrace GG and Appify, Brayden Wilmoth. In this episode, Bryaden discusses his past esports history, including forming his own esports organization, Rockets Gaming as well as working with Method Gaming.  He continues by exploring...
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On August 3, 2020, The #EsportsBizShow aired on Preediction featuring former attorney turned and esports content creation and marketer, Dr. Bradford Carlton of The Gamerpreneur. In this episode, Dr. Carlton discussed his tips on esports content creation and how to best grow a streamer or other content creator’s social media. He also describes his previous...
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On July 23, 2020, The #EsportsBizShow aired on Preediction featuring esports accountant and financial literary advocate, Juan “Lodgz” Rodriguez of Lodgz Financial. In this episode, Juan discussed proper financial management and tax matters on behalf of gaming talent. He also describes numerous important tax “write-offs” that professional gamers and streamers must be aware of as...
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On July 15, 2020, The #EsportsBizShow aired on Preediction featuring former professional gamer turned esports shoutcatser and host, Paul “PaulyHype” Santoro. In this episode, Paul discussed his competitive gaming past, including being part of the earliest days of esports. He also describes how he transitioned from pro gamer to esports commentating and hosting and what...
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On July 7, 2020, The #EsportsBizShow aired on Preediction featuring Zack Sass, the Founder of Sector Six Apparel. In this episode, Zack explored esports apparel and licensing as well as his company, Sector Six Apparel. He describes what the company does for esports organizations and streamers, including acting as a “full service” made-to-order and print-on-demand...
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In Episode 14 of Music Biz & Law Insights – A Podcast hosted by Justin M. Jacobson of The Jacobson Firm examines issues related to music bands, groups and Duos. All of the information contained in the podcast is for educational purposes only and should not be construed as legal advice. Enjoy the podcast here...
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On June 30, 2020, The #EsportsBizShow aired on Preediction featuring Lance Sessions, the Assistant Coach for NBA 2K League team, Mavs Gaming. In this episode, Lance explored esports scouting, the NBA 2K League as well as the development of the NBA 2K competitive circuit. He describes the day-to-day life of a professional esports coach for...
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In Episode 13 of Music Biz & Law Insights – A Podcast hosted by Justin M. Jacobson of The Jacobson Firm examines the “Beats For Sale” trend in music. All of the information contained in the podcast is for educational purposes only and should not be construed as legal advice. Enjoy the podcast here and...
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On June 24, 2020, The #EsportsBizShow aired on Preediction featuring esports and sports reporter, Mitch Reames. This episode explored esports journalism, including describing the day-to-day life of an esports journalist. The show also discussed some hurdles to esports reporting as well as his previous work with esports professionals on behalf of many top esports and...
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In Episode 12 of Music Biz & Law Insights – A Podcast hosted by Justin M. Jacobson of The Jacobson Firm examines music “sampling” and “sample” licensing. All of the information contained in the podcast is for educational purposes only and should not be construed as legal advice. Enjoy the podcast here and below on...
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On June 24, 2020, esports podcast, Geaux Play Esports hosted by Christopher Turner released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C on his experience as an attorney in the esports space. In his interview, Justin discusses some of the legal work he provides on behalf of professional gamers, streamers...
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On June 16, 2020, The #EsportsBizShow aired on Preediction featuring Derek Watford of High Point Gamer. This episode explored esports professionals, including tournament organizers and gaming consultancy services. The show also discussed some pitfalls to be aware of for live esports event planning as well as explores Derek’s involvement in assisting Veterans. Check the full...
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In Episode 11 of Music Biz & Law Insights – A Podcast hosted by Justin M. Jacobson of The Jacobson Firm examines “cover” songs and some types of music licenses. All of the information contained in the podcast is for educational purposes only and should not be construed as legal advice. Enjoy the podcast here...
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On June 9, 2020, The #EsportsBizShow aired on Preediction featuring the Director of Corporate Partnerships for the Houston Outlaws, Herb May. This episode explored esports sponsorships from the organizational side as well as Herb’s prior experience in the sports and esports industry. The show also discussed some of the Houston Outlaw’s recent brand partnerships and...
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In Episode 10 of Music Biz & Law Insights – A Podcast hosted by Justin M. Jacobson of The Jacobson Firm examines at various types of music royalties, including SoundExchange, DART, Mechanical and Public Performance Royalties. All of the information contained in the podcast is for educational purposes only and should not be construed as...
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On June 4, 2020, Business Insider quoted Justin M. Jacobson, Esq., Vice-President of The Jacobson Firm, P.C. as part of their article entitled “Some people want Disney and Marvel to stop police officers from wearing the Punisher logo, but an entertainment lawyer says a lawsuit wouldn’t be effective.” In particular, Mr. Jacobson commented on the...
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On June 2, 2020, The #EsportsBizShow aired on Preediction featuring Cody Elsen, Varsity Esports Coach for Northwood University. In this episode, Cody explored his prior experience in the esports industry. The show also discussed his entrance into college esports and described the Northwood University Esports program as well as the college esports scene as a...
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In Episode 9 of Music Biz & Law Insights – A Podcast hosted by Justin M. Jacobson of The Jacobson Firm looks at some tax matters and write-off matters for musicians. All of the information contained in the podcast is for educational purposes only and should not be construed as legal advice. Enjoy the podcast...
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On May 28, 2020, esports podcast, The Academy of Esports hosted by James O’ Hagan released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C on his previous experience in the esports space. In his interview, Justin discusses some of his work on behalf of professional gamers, streamers and esports organizations,...
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In Episode 8 of Music Biz & Law Insights – A Podcast hosted by Justin M. Jacobson of The Jacobson Firm discusses business entities and loan-out companies in the music world. All of the information contained in the podcast is for educational purposes only and should not be construed as legal advice. Enjoy the podcast...
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On May 26, 2020, The #EsportsBizShow aired on Preediction featuring veteran esports journalist, Dustin Steiner. In this episode, Dustin explored his prior experience as an esports reporter and sideline journalist. The show also discussed the day-to-day life of a freelance esports journalist as well as explored some differences between interacting with professional gamers in different...
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In Episode 7 of Music Biz & Law Insights – A Podcast hosted by Justin M. Jacobson of The Jacobson Firm looks at trademarks in the music business.  The episode discusses trademark law as it relates to the music space. All of the information contained in the podcast is for educational purposes only and should...
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On May 18, 2020, esports podcast, The Climb hosted by Legacy released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C on his previous experience in the esports space. In his interview, Justin discusses some of his work on behalf of professional gamers, streamers and esports organizations, including looking at various...
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In Episode 6 of Music Biz & Law Insights – A Podcast hosted by Justin M. Jacobson of The Jacobson Firm looks at copyrights in the music business.  The episode discusses copyright law as it relates to the music space. All of the information contained in the podcast is for educational purposes only and should...
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On May 18, 2020, esports podcast, The BIG Esports Podcast hosted by Chris Smith released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C on his previous experience in the esports space. In his interview, Justin discusses some of his work on behalf of professional gamers, streamers and esports organizations, including...
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In Episode 5 of Music Biz & Law Insights – A Podcast hosted by Justin M. Jacobson of The Jacobson Firm looks at 360 and “multiple-rights” agreements in the music business.  The episode explores some matters related to 360 deals in today’s recording industry, including examining some matters related to these contracts. All of the...
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On May 17, 2020, esports podcast, The Game Consultant released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C on his previous experience in the esports space. In his interview, Justin discusses some of his work on behalf of professional gamers, streamers and esports organizations, including looking at tax, visa and...
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On May 15, 2020, The #EsportsBizShow aired on Preediction featuring Cody Hyman, one of the owners of Matrix Keyboards. In this episode, Cody explored his prior experience in the esports and professional gaming world, including providing some information on what makes the Matrix keyboard so unique as well as looking at sponsorship in the esports...
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In Episode 4 of Music Biz & Law Insights – A Podcast hosted by Justin M. Jacobson of The Jacobson Firm looks at record labels and record “deals.”  The episode explores some matters related to record labels and the music distribution scene as well as exploring some matters related to traditional recording contracts. All of...
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In Episode 3 of Music Biz & Law Insights – A Podcast hosted by Justin M. Jacobson of The Jacobson Firm looks at some “admin,” co-publishing and sub-publishing deals.  The episode explores some matters related to administration, co-publishing and sub-publishing agreements. All of the information contained in the podcast is for educational purposes only and...
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On May 8, 2020, The #EsportsBizShow aired on Preediction featuring esports veteran, former professional gamer and team owner, Skyler Johnson, the Founder of Team Envy, CTRL and Paper Crowns. In this episode, Skyler explored his prior experience in esports and professional gaming, including providing a behind the scene look at formation of esports organization, Team...
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In Episode 2 of Music Biz & Law Insights – A Podcast hosted by Justin M. Jacobson of The Jacobson Firm looks at some music publishing deals.  The episode explores what a music publisher does as well as explores some matters related to standard music publishing agreements. All of the information contained in the podcast...
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Twitch Streaming For Celebrity Influencers: Some Tips For Musicians, Athletes & Other “Influencers” By Justin M. Jacobson, Esq. With today’s current events, there has been a shift of musicians, professional athletes from a variety of sports as well as other celebrity influencers engaging with their fans by creating and distributing original content through live streaming...
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In Episode 1 of Music Biz & Law Insights – A Podcast hosted by Justin M. Jacobson of The Jacobson Firm discusses what “publishing money” in the music business is.  The episode explores the different streams of income that encompasses “publishing money.” All of the information contained in the podcast is for educational purposes only...
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On May 4, 2020, The #EsportsBizShow aired on Preediction featuring esports marketing and brand consultant, Chris Smith of BIG Esports. In this episode, Chris explored his prior experience in esports and professional gaming, including his work with brands in esports and gaming space with BIG Esports. The show also discussed his previous professional gaming as...
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A Look At 360 Agreements: “Multiple Rights Deals” By Justin M. Jacobson, Esq. With physical music sales evaporating and an overall decline in total earnings across the entire music business throughout the last decade; many music distributors have begun entering into more extensive arrangements with the talent they sign. There has been a shift from...
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On April 27, 2020, The #EsportsBizShow aired on Preediction featuring esports and sports reporter, Jeff Garcia. In this episode, Jeff explored his prior experience in esports and sports, including creating content with professional athletes and gamers. The show also discussed Jeff’s day-to-day as an esports and sports journalists as well as examined some of differences...
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What is Esports Law? What is an Esports Lawyer? By Justin M. Jacobson, Esq. Esports has become a new buzz word among industry professionals and the masses alike.  “Esports” refers to “electronic sports” and is the world of professional competitive gaming.  It usually involves an individual or a team competing against others in an organized...
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Esports Law: Some Steps For Proper Protection of An Esports Team and Organization’s Name By Justin M. Jacobson, Esq. With the rising global esports market and the substantial investments received by some esports organizations, it is crucial for these entities to properly protect and maintain their team name.  An esports organization’s name is typically the...
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On April 20, 2020, The #EsportsBizShow aired on Preediction featuring professional gamer and streamer, Gingerpop of esports organization, Rogue (owned by EDM producer, Steve Aoki). In this episode, Gingerpop explored his prior professional gaming experience in the Overwatch Contenders League as well as playing competitive Fortnite. The show also discussed some of his streaming experience,...
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On April 17, 2020, esports podcast, The Gamerpreneur released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C on his previous experience in the entertainment and esports space. In his interview, Justin discusses some of his work on behalf of professional gamers, streamers and esports organizations. Check the full interview here...
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On April 13, 2020, The #EsportsBizShow aired on Preediction featuring Fox News‘ video game journalist, Eammonn Dignam. In this episode, Eammonn explored his prior experience in journalism, including how he first entered the video game reporting scene. The show also discussed some hurdles encountered in video game journalism as well as mentioned some ways traditional...
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Copyright? Trademark? Or Is It Both? By Justin M. Jacobson, Esq. While sometimes mistakenly grouped together, trademarks and copyrights are very different.  In fact, each of these intellectual property protections applies to distinct and unique things. However, both are equally important; and, in some situations, both may be necessary to secure proper protection in a...
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On April 7, 2020, esports podcast, The Esportz Network Podcast hosted by Mitch Reames released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C on the recent development of esports law in light of the COVID-19 endemic. In his interview, Justin discusses how COVID-19 is impacting the legal side of esports,...
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Legal & Business Tips For Musicians On Twitch By Justin M. Jacobson With current events, there has been a substantial shift of musicians and other celebrity influencers engaging with their fans by creating and distributing original content through live streaming platforms, such as Amazon’s Twitch.  A livestreaming website, such as Twitch or Facebook, enables a...
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California’s New Employment Law & Its Effect On The Entertainment Business By Justin M. Jacobson, Esq. In response to a wave of misclassification by employers, California has introduced new legislation.  In particular, this legislation was passed in order to protect California citizens by reducing worker misclassification.  Prior to this legislation, there were a lot of...
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On April 4, 2020, The #EsportsBizShow aired on Preediction featuring the HipHopGamer, Hot 97’s gaming guru. In this episode, the HipHopGamer explored his prior experience in esports, including how he first entered the gaming scene. The show also discussed his current projects, including the “Gaming and Guidance” program directed at educating today’s youth. Check the...
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03-30-20 – JACOBSON GUEST LECTURER FOR BERGEN COMMUNITY COLLEGE “CAREERS IN MUSIC” CLASS DURING COVID-19 PANDEMIC (New York, NY) – The global pandemic could not stop Justin M. Jacobson from providing insight and giving back to the youth. In fact, via stream, Justin was a guest lecturer for the “Careers in Music” class at Bergen...
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On March 30, 2020, The #EsportsBizShow aired on Preediction featuring Matt “MobileMatt” Rutledge, the Director of Mobile Gaming for Complexity Gaming. In this episode, Matt explored his prior experience in esports, including how he first entered the competitive mobile gaming and mobile esports scene. The show also discussed the rise of mobile gaming and mobile...
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On March 24, 2020, esports podcast, The Lodgz Podcast published an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C on the recent development of esports law. In his interview, Justin discusses a few common legal issues for teams and professional gamers, commonality and differences between the music and the professional gaming...
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On March 13, 2020, The #EsportsBizShow aired on Preediction featuring Jeff Eisenband, an Esports and Sports reporter on Esports Journalists. In this episode, Jeff explored his prior experience in esports and sports, including acting as a live esports event host and side-line reporter. The show also discussed Jeff’s day-to-day as an esports and sports journalists...
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On March 9, 2020, SonicBids quoted Justin M. Jacobson, Esq., Vice-President of The Jacobson Firm, P.C. as part of their article on “6 Predictions for the Next Decade of Music.” In particular, Mr. Jacobson commented on the expected continuation of the recent trend of musicians acting as “influencers” and properly maintaining and growing their own...
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On March 11, 2020, sports podcast, Team Footprintz‘s The MECCA Podcast published the interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C on the recent development of esports and competitive NBA 2K. In his interview, Justin discusses some of the recent traditional sports investments and involvement within the esports and gaming sphere...
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On February 6, 2020, The #EsportsBizShow aired on Preediction featuring Andrew “AndrewKendo” Fiori, the General Manager of Overwatch Contenders team, Uprising Academy on Professional Esports Organizations. In this episode, Andrew explored his prior experience in esports, including the formation of his own organization and the eventual movement to the Uprising Academy. The Uprising Academy is...
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On February 20, 2020, The #EsportsBizShow aired on Preediction featuring Diane “Di” Tran, Professional CS:Go Player for CLG Red (Counter Logic Gaming) on Professional Gaming . In this episode, Diane explored her experience as a professional gamer competing on behalf of a world-class organization. The show also discussed her gaming history, her greatest highlights and...
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On February 6, 2020, esports podcast, The Center Ring interviewed Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C on esports law. In his interview, Justin discusses some pitfalls in esports contracts as well as explores some esports immigration and visa matters. Check the full interview below starting at minute 28 and on YouTube.
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On December 3, 2019, esports podcast, The After Hours Podcast hosted by Zach Sass interviewed Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C on esports law and the development of esports professional education. In his interview, Justin discusses the evolution of esports law and the need for a proper understanding of all the...
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12-06-19 – THE JACOBSON FIRM PARTNERS WITH THE CENTER FOR EDUCATIONAL INNOVATION TO HOST THE GIVING TUESDAY CHARITY & NETWORKING EVENT TO RAISE FUNDS FOR ITS ESPORTS PROGRAM (New York, NY) – As part of Giving Tuesday, local NYC students and industry professionals and friends gathered at OS NYC to support The Center for Educational...
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How To Not Get “Taylor Swift’d” (Or How To Try Not To)By Justin M. Jacobson, Esq. If you have been following the music business for the last few months, you may have noticed the on-going public debate between Grammy winning artist Taylor Swift and her first record label, Big Machine Records.  In particular, on June...
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On November 21, 2019, The #EsportsBizShow aired on Preediction featuring Jadd Schmeltzer, Director of Esports Program at The Center for Educational Innovation on Youth and High School Esports . In this episode, Jadd explored the recent growth of youth and high school esports. The show also discussed the expansion of competitive gaming in high schools...
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(New York) – 11-18-19 – The Jacobson Firm, P.C. is proud to announce that the Firm is involved in fundraising to benefit The Center for Educational Innovation. In particular, on December 3, 2019, The Jacobson Firm in conjunction with CEI, will be participating in a “Giving Tuesday” Charity and Professional Networking event at gaming venue,...
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On November 7, 2019, The #EsportsBizShow aired on Preediction featuring Aron Lenkowsky of Altfest Personal Wealth Management on Wealth Management in Esports. In this episode, Aron explored the need for proper wealth management for professional gamers and gaming talent. The show discussed some factors that an individual looking for a financial advisor might consider as...
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10-30-19 – JACOBSON GUEST LECTURER FOR BERGEN COMMUNITY COLLEGE “CAREERS IN MUSIC” CLASS (New York, NY) – Justin M. Jacobson was a guest lecturer for the “Careers in Music” class at Bergen Community College in New Jersey.  In this role, Mr. Jacobson spoke about his experience in the music industry, including highlighting some of the...
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On October 24, 2019, The #EsportsBizShow aired on Preediction featuring Harris Peskin, an esports attorney at ESG Law and the Executive Director of the Esports Bar Association on Professional Esports Organizations and Teams. In this episode, Harris explored the role that professional esports teams and organizations play in the esports business ecosystem. The show discussed...
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10-21-2019 – JEFFREY E. JACOBSON NAMED SUPER LAWYER AGAIN (New York, NY) – Jeffrey E. Jacobson, President of The Jacobson Firm, P.C. has been selected for a sixth year in a row as a 2019 Super Lawyer. In this role, Mr. Jacobson will be listed in the New York Times Magazine as well as on...
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On October 17, 2019, The #EsportsBizShow aired on Preediction featuring Roger Quiles, esports attorney and talent agent at FTW Talent on esports talent representatives. In this episode, Roger explores the role that a talent representative plays in the esports ecosystem, including discussing many of their responsibilities as well as explored some of the various talent...
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10-08-2019 – JUSTIN M. JACOBSON NAMED SUPER LAWYER RISING STAR AGAIN (New York, NY) – Justin M. Jacobson, Vice-President of The Jacobson Firm, P.C. has been selected for a fourth year in a row as a 2019 Super Lawyer Rising Star. Mr. Jacobson will be listed in the New York Times Magazine as well as...
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Information On U.S. Trademark Specimens Of Use, “Actual Use” & “Intent-To-Use” Applications By Justin M. Jacobson, Esq. In the United States, trademark rights in a mark are based on “actual use” of the name in commerce; consequently, an owner must actually be utilizing the mark in commerce for the particular goods or services in order...
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On October 3, 2019, The #EsportsBizShow aired on Preediction featuring esports journalist and Head of Communications for Ultimate Gaming Company (UGC), Cody Luongo on esports tournament organizers. In this episode, Cody explores tournament organizers, including looking at a variety of ways that they generate revenue as well as explored some future innovations that may change...
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On September 19, 2019, The #EsportsBizShow aired on Preediction featuring Pablo G. Velez, Esq. of Velez & Cipriano, PLLC on immigration and visas in esports. In this episode, Pablo discusses the U.S. visa process, its applicability to the esports world and much more. Check the full interview here or below.
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A Look At The California Consumer Privacy Act (CCPA)By Justin M. Jacobson, Esq. We have previously examined the European Union’s new GDRP statues aimed at regulating and monitoring how the collection of personal user data must be conducted and the requirements to protect this information.  In an effort to further protect its own citizens, California...
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09/16/2019 – JUSTIN M. JACOBSON SPEAKS AT SCRATCH ACADEMY AS PART OF THE SOUNDSHOP’S “MAKING MONEY IN MUSIC: STRATEGY & BUSINESS SAVVY” PANEL IN NEW YORK CITY (New York, NY) Justin M. Jacobson spoke at Scratch Academy in New York City as part of The Soundshop’s “Making Money In Music: Strategy & Business Savvy” presented...
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U.S. Trademark Protection For Slogans, Catchphrases & Tag LinesBy Justin M. Jacobson, Esq. Trademark law grants the owner of a particular mark the exclusive right to use a mark to differentiate the goods or services provided by them from those provided by another business or individual.  It functions as an identifier of the source of...
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Jacobson Brings Local After-School Program to NBA 2K League Studio This past month, Justin M. Jacobson, Vice-President of The Jacobson Firm, P.C. brought a local after-school program to visit the NBA 2K League Studio in Long Island City, New York. With some help from the Nets’s community manager, he organized a player “Meet and Greet”...
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Getting Ready For Season Three of the NBA 2K League By Justin M. Jacobson, Esq. As the second season of the NBA 2K League enters its final weeks, the excitement for the upcoming release of NBA 2K20 as well as the rapidly approaching third season of the NBA 2K League has caused many aspiring gaming...
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European Union’s GDPR: One Year Later By Justin M. Jacobson, Esq. It has been one year since the European Union’s General Data Protection Regulation (GDPR) went into effect.  There are several lessons that we have learned since the law’s implementation and now have further insight on how to effectively deal with the newly enacted regulations. ...
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On June 6, 2019, sports and esports publication, Advocacy For Fairness In Sports, quoted Justin M. Jacobson, Esq., Vice-President of The Jacobson Firm, P.C. on the pending Tenney v. Faze Clan decision and its potential impact on player and talent individual representation within esports.  In particular, Mr. Jacobson commented on the potential benefits of individual...
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On June 4, 2019, news publication, Bloomberg Law, quoted Jeffrey E. Jacobson, Esq., President of The Jacobson Firm, P.C. on the pending lawsuit between NBA player, Kawhi Leonard and athletic apparel company, Nike regarding copyright and trademark protections.  In particular, Mr. Jacobson commented on the potential novel issue existing between a trademark rights holder and...
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Current Best Practices for CopyrightBy Jeffrey E. Jacobson The Supreme Court’s recent decision in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC is a wake-up call and crucial reminder on the importance of timely copyright registrations.  Which works to register is always a question.  In an ideal world, we would register everything; however that can...
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On May 31, 2019, NBA2K League esports podcast, The 2K Zone interviewed Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. In his interview, Justin discusses the NBA 2K League, his ideas on team chemistry as well as on new player recruitment and much more. Check the full interview here or below.
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The “Sturgis Motorcycle Rally” Circuit Court of Appeals’ DecisionBy Jeffrey E. Jacobson, Esq. Last year, the United States Court of Appeals for the Eighth Circuit ruled on an appeal from the United States District of Court for the District of South Dakota.  The Federal Court in Rapid City held a jury trial on Sturgis Motorcycle...
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On May 10, 2019, NBA2K League esports podcast, “NBA 2K League Expose” Podcast interviewed Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. In his interview, Justin discusses Season 2 of the NBA 2K League, the recent Cavs Legion GC suspensions and more. Check the full interview below and here.
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Some Additional Fashion, Beauty & Apparel Legal ConsiderationsBy Justin M. Jacobson, Esq. We will now explore some other related legal matters that fashion business entrepreneurs should be aware of.  This article expands on our initial one wherein we discussed some initial business considerations for clothing, beauty and apparel brands. As previously mentioned, it is prudent...
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Crossing your T’s for your O-1’s and P’s: A Visa Checklist for the Professional Gamer By Pablo G, Velez, Esq. & Justin M. Jacobson, Esq. The global esports phenomenon is growing in the United States.  Players from around the world are coming to the United States for a chance to participate in big money tournaments...
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Copyright Protection of Dance Choreography In The U.S. By Justin M. Jacobson & Jeffrey E. Jacobson Recently, several lawsuits were filed against Epic Games, the creator of the game “Fortnite,” for the alleged usage of protected dance choreography in their product.  In particular, the game developer was providing and monetizing “emotes.”  The in-game “emotes” are...
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Copyrights & Tattoos By Justin M. Jacobson & Jeffrey E. Jacobson Recent cases involving boxer Mike Tyson’s tribal tattoo displayed on an actor in the motion picture, The Hangover 2 as well as the increased usage in video-games of NFL, NBA and WWE “real life” characters, including reproducing identifiable tattoos that these athletes possess, has...
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Trademark Dilution of A Famous Mark By Justin M. Jacobson & Jeffrey E. Jacobson In addition to trademark infringement claims that we have discussed in a previous article, including claims of likelihood of confusion, a trademark owner may also claim trademark “dilution.”  This is where a trademark owner asserts that they own a famous mark...
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Copyright Infringement In The U.S.By Jeffrey E. Jacobson & Justin M. Jacobson In instances when an owner of a protected work, such as a book, motion picture, or a song, believes another party is utilizing the same work in violation of the original owner’s rights, that party may institute a copyright infringement suit.  In order...
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A Look At Trademark Infringement In The U.S.By Justin M. Jacobson, Esq. Trademark law provides the exclusive right to use a mark to differentiate the goods or services of one person or business from those of another. A trademark commonly includes a word, phrase, logo, design or a combination of these, which are used in relation...
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A Look At Co-Publishing, Sub-Publishing, and Administration Agreements By Justin M. Jacobson, Esq. In a prior installment, we examined the traditional songwriter and music publisher relationship, including reviewing some standard clauses that an artist would find in many publishing arrangements.  We will now explore a few other contractual relationships that can exist between a music...
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11-20-2018 – THE JACOBSON FIRM CAPTURES “THE DRAMATICS” TRADEMARK (New York, NY) The Jacobson Firm, P.C., on behalf of client, L.J. Reynolds has successfully obtained the registration of “THE DRAMATICS” trademark. L.J. Reynolds has performed live on some of the world’s biggest stages and has been featured on various chart topping tracks. The Dramatics is...
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.Trademark Law 101: Trademark Renewals For Marks Registered In The U.S. By Jeffrey E. Jacobson, Esq. & Justin M. Jacobson, Esq. After a trademark application has been successfully prosecuted and registered with the United States Patent and Trademark Office (U.S.P.T.O.), the owner still has on-going obligations, including the duty to preserve the registration in an...
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NBA 2K League 101: An Introduction To The NBA’s Fourth League By Justin M. Jacobson, Esq. With the global explosion and continued expansion of esports and professional gaming, one of the world’s most profitable traditional sports leagues, the National Basketball Association (NBA) established their fourth league, the NBA 2K League. The new competitive gaming league...
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Music Modernization Act Signed into Law By Jeffrey E. Jacobson, Esq. Congress recently passed the Orrin G. Hatch-Bob Goodlatte Music Modernization Act, which the President signed into law on October 11, 2018. This act, otherwise known as the MMA, creates a new governing body jointly run by music publishing companies.  This new entity will administer...
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Copyright Small Claims By Jeffrey E. Jacobson, Esq. Based on a 2013 study by the Copyright Office, legislation has been introduced in Congress to establish a “Small Claims” copyright adjudication system.  The current bill would create a three “judge” panel called the Copyright Claims Board within the Copyright Office.  This new tribunal will be modeled...
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10-08-2018 – JUSTIN M. JACOBSON NAMED SUPER LAWYER RISING STAR AGAIN (New York, NY) Justin M. Jacobson, Vice-President of The Jacobson Firm, P.C. has been selected for a third year in a row as a 2018 Super Lawyer Rising Star. Mr. Jacobson will be listed in the New York Times Magazine as well as on the...
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On October 8, 2018, esports sports podcast, Project Esports interviewed Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. In his interview, Justin discusses the firm’s prior work in esports as an attorney and player representative, esports players unions as well as Season 2 of the NBA 2K League. Check the full interview below...
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9-25-2018 – JACOBSON NAMED SUPER LAWYER AGAIN (New York, NY)  Jeffrey E. Jacobson, President of The Jacobson Firm, P.C. has been selected for a fifth year in a row as a 2018 Super Lawyer. In this role, Mr. Jacobson will be listed in the New York Times Magazine as well as on the “Super Lawyer”...
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Trademark “Scams” – Fraudulent Trademark Notices For Renewals, Monitoring Services and Registries By Justin M. Jacobson, Esq. In recent years, there has been an increase in the creation of official “sounding” entities sending out authoritative “looking” communications to listed trademark owners.   There are a variety of notices sent out to owners at their listed addresses...
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Music Licensing for Restaurants, Nightclubs & Bars By Jeffrey E. Jacobson & Justin M. Jacobson As more and more individuals are visiting local culinary and entertainment establishments to enjoy themselves, the need for the business owner to entertain their crowd has become of paramount importance.  Many establishments, including restaurants, nightclubs, bars and other publicly accessible...
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On August 23, 2018, esports sports podcast, CrazEsportz interviewed Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. In his interview, Justin discusses the firm’s prior work in esports as well as Season 2 of the NBA 2K League. Check the full interview below and here.    
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Why and Where Does an Entertainment Attorney Fit? By Justin M. Jacobson, Esq. Being that I’m an entertainment attorney, I would be remiss to not acknowledge the inherent bias in this article; however, whether you work with me or one of my colleagues around the globe, the usage of a competent attorney or legal representative...
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A Brief Look at Trademarks & The Principal vs. Supplemental Register By Justin M. Jacobson, Esq. One constant question posed by clients and a frequent option offered in an Office Action Letter from the U.S. Patent and Trademark Office (U.S.P.T.O.) is the potential of registering a mark on the “Supplemental Register.”  This is often misunderstood...
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Protecting Your Investment: What the E-2 Treaty Investor Needs to Know About Brand Protection By Justin M. Jacobson, Esq., Associate & Pablo G. Velez, Esq., Of Counsel Investing in a new or existing enterprise in the United States can be an advantageous proposition.  As the E-2 Investor is well aware, having a company with a...
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Copyrights of Factual Creations By Jeffrey E. Jacobson, Esq. Copyrights do not protect facts or ideas; rather, they protect the expression of them.  Consequently, the fact that Columbus discovered America is not protectable by copyright.  However, the fanciful expression that “Columbus sailed the Ocean Blue in fourteen hundred ninety two” may be. Factual compilations used...
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The Marketing Dilemma of the Esports Influencer By Justin M. Jacobson, Esq. With publications constantly reporting on the esports “boom,” most of the world’s marketing agencies and brand managers are familiar with the world of esports and its “key” demographic. Marketers see league sponsors, such as Toyota, T-Mobile, and Sour Patch Kids for Blizzard’s Overwatch...
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Trademark Law: “Brand” Protection For Professional Athletes By Justin M. Jacobson, Esq. Today more than ever, a professional athlete must be aware of how their “brand” is publicly viewed and protected.  This new focus on a player’s off-the-field business has caused many professional athletes from various sports to properly protect and monetize their actual name...
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Intellectual Property Considerations For Restaurants & Other Culinary Establishments By Justin M. Jacobson, Esq. As restaurants and other culinary establishments continue to form and grow, these companies begin to face new legal challenges similar to any other business.  While there are many matters a potential restaurateur must evaluate prior to forming or creating a culinary...
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Brand Sponsorship & Endorsement Agreements For Musicians By Justin M. Jacobson, Esq. With the evolution of the music business in today’s digital age of streaming and downloads; the ancillary income that musicians generate from brand sponsorship and endorsements have become of paramount importance to an artist’s overall earnings.  For instance, “sponsorship spending on music tours,...
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A Few Legal Considerations For A Small Business Owner By Justin M. Jacobson, Esq. As more entrepreneurs continue to create their own small businesses, the need for proper legal planning becomes of paramount importance.  While there are many legal and business considerations a potential owner must consider before embarking on their own enterprise, we are...
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Spinning in the USA: The O-1 Visa for the Foreign EDM DJ By Pablo G. Velez, Esq., Of Counsel It goes without saying that EDM is a worldwide phenomenon that has created global celebrities out of DJs such as Tiesto, Deadmau5, David Guetta, and more. The demand for talented foreign DJs in the United States...
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The Present and the Future of the NBA 2K League Twitch Experience By Justin M. Jacobson, Esq. A month into the NBA 2K League regular season, and the audience figures seem disappointing. Each episode of the fourth installment of LeBron v. the Warriors in the NBA Finals is, of course, pulling in millions of viewers....
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On May 28, 2018, news publication, Quartz, quoted Jeffrey E. Jacobson, Esq., President of The Jacobson Firm, P.C. on the potential trademark protections available for “scents.”  In particular, Mr. Jacobson commented on the benefits Hasbro could receive if a registration is issued for the “Play-Doh” scent. Click here to check out the entire article.
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The Early Evolution of the NBA 2K Studio Experience By Justin M. Jacobson, Esq. One thing is certain after the first few weeks of the inaugural season of the NBA 2K League: for fans more used the watching esports on Twitch, the live viewing experience is something wonderful to behold. The competitors sit on large, comfy...
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On May 17, 2018, esports business podcast, Disrupt interviewed Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. for Episode 5 of its Disrupt Podcast. In his interview, Justin discusses the firm’s prior work in esports law as well as explored some esports tax matters and the potential of collective bargaining agreements in esports....
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Why Every Professional Gamer Needs a Team (of Professionals) By Justin M. Jacobson, Esq. Similar to other talent based industries, including music, television, and sports; professional video game competitors participating in organized esports should have a “team” of competent professionals around them to advise them and to consult with. While this may seem straightforward in...
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Comparing the NBA 2K League In-Studio Experience With Twitch By Justin M. Jacobson, Esq. The inaugural season of the NBA 2K League tipped off from the league’s studio in New York on May 1. As an esports attorney and a fan, I was lucky enough to get inside the 200-person venue for the first ever...
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On May 11, 2018, sports business publication, Front Office Sports interviewed Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. as part of its “The Weekly Legal Briefing” segment on this week’s topic, The Law Of Esports. In his interview, Justin discusses the firm’s prior work in esports law, including working on behalf of...
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Business & Legal Tips for NBA 2K League & Pro Esports Players By Justin M. Jacobson, Esq. With the launch of the NBA 2K league, 102 of the world’s top NBA 2K players will now earn a six month salary, receive first-class housing accommodations and will be eligible for a variety of benefits, including health,...
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04-23-18- JACOBSON GUEST LECTURER FOR BERGEN COMMUNITY COLLEGE “CAREERS IN MUSIC” CLASS & FOR MIDDLE SCHOOL “ESPORTS PROGRAM ADVANTAGE HIGHER EDUCATION” CAREER DAY (New York, NY) – Justin M. Jacobson was a guest lecturer again for the “Careers in Music” class at Bergen Community College in New Jersey.  In this role, Mr. Jacobson spoke about...
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A Brief Look At Live Performance Agreements By Justin M. Jacobson, Esq. While there has been a decline in recorded music sales, the live performance sphere of the music business continues to post substantial numbers.  For example, in 2016, Billboard Magazine stated that global “gross box-office revenue” exceeded “$5.5 billion dollars.”   With such substantial sums...
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On April 2, 2018, Central Florida esports company, High Point Gamer interviewed Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. as part of its “Gamers Wanted” interview segment. In his interview, Justin discusses the benefits of legal representation in esports as well as explores the upcoming NBA 2K League season. Check the full...
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On March 10th, 2018, UK esports business internet radio station, Frag Radio interviewed Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. as part of its esports Business hours with Mitch Reames. Justin’s interview starts at minute 29 of the broadcast.  He discusses the drama surrounding the announcement of the inaugural NBA2K League draft...
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On March 21, 2018, NBA 2K podcast, The Green Release interviewed Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. regarding the upcoming NBA 2K league as well as on Justin’s involvement with top prospects and his thoughts on the league’s potential. Check the full interview here and below.
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On February 14, 2018, esports podcaster, Peter Peterz interviewed Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. on esports player representation and related legal and business matters. Check the full interview here and below.
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On February 15, 2018, the esports publication, Operation Sports, quoted Justin M. Jacobson, Esq., Vice-President of The Jacobson Firm, P.C. on the recently released NBA 2k league first year player salaries. Click here to check out the entire article.
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In January 2018, esports podcast, “GowRosterMania,” hosted by professional gamer, NJ Cubano, interviewed Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. regarding various esports legal and trademark matters. Check the full interview here and below. Watch Justin M. Jacobson GowRosterMania Interview from Njcubano on www.twitch.tv
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On January 8, 2018, the NBA 2K league publication, The BallGamer quoted Justin M. Jacobson, Esq., Vice-President of The Jacobson Firm, P.C. regarding ways for prospects to improve their marketability for the upcoming the NBA 2K League. Click here to check out the entire article.
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On October 4, 2017, The Esports Narrative interviewed Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. regarding the legal side of esports, including looking at contract law and intellectual property in esports. Check the full interview here.
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On September 23, 2017, the publication, Break The Game quoted Justin M. Jacobson, Esq., Vice-President of The Jacobson Firm, P.C. on the potential legalities regarding the recent contractual issues in esports as they relate to the current Zakk, Boltz, and steel situation. Click here to check out the entire article.
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Esports, gaming and comic based blog, SciFiPulse interviewed Justin M. Jacobson, Esq. on law, contracts, and brands in esports. Enjoy the full interview here.
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On July 24, 2017, the publication, Mental Floss quoted Justin M. Jacobson, Esq., Vice-President of The Jacobson Firm, P.C. regarding how royalties generally work for “Weird Al” Songs. Click here to check out the entire article.
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On January 12, 2017, top EDM publication, Your EDM interviewed Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. as part of its acclaimed, “Aspire To Inspire” series, regarding his career and what “aspires to inspire” him. Check the full interview here.
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02/16/2018 – International Trademark Law Update: “Trademark Registration in Canada” By Jeffrey E. Jacobson, Esq. As a reference, there are two distinct trademark systems for acquiring trademark rights in a particular mark. There is a “first-to-file” system, which exists in countries such as China and France. This system provides protection to the first entity to...
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02/09/2018 – Copyright Law Update: “Design Protection” In “Useful Articles” By Jeffrey E. Jacobson, Esq.             The Supreme Court decision in Star Athletica v. Varsity Brands last year clarified the law on copyrightability of the creative elements in useful articles. That case involved alleged copyright infringement of cheerleading uniforms. Since a uniform is a useful...
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The Rise Of The Sponsored Professional Gamer By Justin M. Jacobson, Esq. If you browse your Twitter feed or turn on your local news, you are sure to see something related to esports. While the mainstream media and the non-endemic brands of the world are finally catching up, the trend of utilizing video game content...
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Copyright & Music Business Announcement – Mechanical Royalty Rate Increases (01-29-2018) – Today, The Copyright Royalty Board, the body responsible for setting the statutory rates, has increased the U.S. mechanical royalty Rate.  A mechanical license is used to “reproduce and distribute copyrighted musical compositions (songs) on CDs, records, tapes, or permanent digital downloads.” This means...
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Esports Biz 101: Business & Legal Considerations for Professional Esports Organizations & Teams By Justin M. Jacobson Many new esports teams and organizations have joined the competitive circuit in the past 12 months. This is due to the continued global development of esports business as well as its expansion into newly created games and into...
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So You Want a “Record Deal”? How To Legally Ensure An Artist Can Even Sign One By Justin M. Jacobson, Esq. While most musicians dream of getting signed to a major “record deal,” the days where a record label executive attends a show and signs an artist based on their performance are long gone. These...
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Esports Biz 101: Why A Player Representative And Where They Fit In? By Justin M, Jacobson, Esq. Transparency is vital and so let’s start with a full disclaimer; I’m an esports player representative, so this may seem like a “pitch”, which in a way it undoubtedly is. However it is also meant to spotlight persistent...
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Esports Tax Law: A Look At Tax Considerations For Professional Gamers By Justin M. Jacobson, Esq. & Jason Feingertz, CPA, Esq. The Esports revolution continues as professional video-gaming continues to expand throughout the globe.  As with most professions, professional video game participants, sometimes referred to as a “gamer,” are subject to taxes in every country,...
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What’s A Will? Why Do You Need One? By Justin M. Jacobson, Esq. “Daddy, what’s a will?” As Jay Z’s first-born child, Blue Ivy Carter, so eloquently inquired on her father’s track, “Legacy,” off his latest release, “4:44.”  The simple answer is that a will is a writing that lists how an individual’s estate will...
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An Examination Of The Songwriter and Music Publisher Relationship By Justin M. Jacobson, Esq. We will now examine the music publisher and its exclusive publishing agreement with a songwriter.  In addition to the standard exclusive publishing agreement explored below, there are other types of related agreements a songwriter could potentially sign with a music publisher,...
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11-16-17- THE JACOBSON FIRM NEGOTIATES EXCLUSIVE SONGWRITER & CO-PUBLISHING DEAL FOR SONGWRITER/RECORDING ARTIST KIDS OF THE FOREST WITH UNIVERSAL MUSIC PUBLISHING (New York, NY) The Jacobson Firm, P.C., on behalf of client, Songwriter and Recording Artist, Kids Of The Forest has successfully negotiated an exclusive songwriting and co-publishing deal with Universal Music Publishing.  Kids Of...
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10-06-17 – THE JACOBSON FIRM NEGOTIATES PUBLISHING ADMINISTRATION DEAL FOR EDM ARTIST HALIENE WITH BMG TALPA MUSIC (New York, NY) – The Jacobson Firm, P.C., on behalf of client, EDM Songwriter and Vocalist, HALIENE has successfully negotiated a publishing administration deal with BMG Talpa Music.  HALIENE has performed live on some of the EDM’s world...
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08-31-17 – JACOBSON GUEST LECTURER FOR ICON COLLECTIVE PRODUCTION SCHOOL IN LOS ANGELES (New York, NY) – Justin M. Jacobson was as a guest lecturer for the ICON Collective in California.  In this role, Mr. Jacobson spoke about his experience in the music industry, including the reasons to hire a music attorney. There was a...
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Pros and cons? Thoughts on the Overwatch League ‘new teams’ decision By Justin M. Jacobson, Esq. This weekend, game developer, Activision Blizzard announced that the new teams in its “Overwatch League” will be compromised of newly established teams with the league owning the rights to these created teams. This new move has wide-spread impact, including...
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Esports Business 101 – “The Landscape” By Justin M. Jacobson, Esq. & Harris Peskin, Esq. In the past few years, there has been an explosion of international exposure and interest in the world of competitive video gaming, better known as “esports.”  Electronic sports or esports have evolved to the mainstream with professional video-gamers competing in...
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A Look at Non-Traditional Trademarks: Color, Sound & Scent In The United States By Justin M. Jacobson, Esq. Trademarks and service marks are essential and valuable assets of a company.  They are used to identify the source of a particular good or service to the consuming public and are an indicator of the quality of...
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The Legalities Of A “Cover” Song By Justin M. Jacobson, Esq. It is natural for musicians to record other people’s tunes.  The subsequent version of an original song is called a “cover.”  The creation and distribution of cover songs has become an increasingly widespread trend.  It continues to explode with the increased usage of social...
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A Brief Examination of The Postmortem Right Of Publicity By Justin M. Jacobson, Esq. As technology advances, additional legal situations, including those relating to the rights of the deceased, continue to arise. One of today’s hot button issues is the use of computer-generated imagery (“CGI”) and computer-generated holograms (“CGH”) recreating deceased individuals for commercial purposes...
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The Artist & Record Label Relationship – A Look At A Standard “Record Deal” By Justin M. Jacobson, Esq. In our prior installment, we examined the artist and manager relationship and explored a variety of standard clauses as well as negotiations tactics.  We now start our initial examination of a few selected clauses from a...
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Esports Law: What Makes Gamer-Tags and Team Names Such Valuable Trademarks? By Justin M. Jacobson, Esq. With the rapid international expansion and increased profitability of esports, including a surge in the number of players and teams involved in the competitions, the need to properly protect one’s “brand” and its associated intellectual property grows even more...
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Part 2: The Artist & Manager Relationship — A Look At Recording Industry Management Agreements By Justin M. Jacobson, Esq. We will continue from our prior installment on “The Artist & Manager Relationship.” We will now explore some additional contract clauses included in most management agreements as well as a few negotiation tactics for these...
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Part 1: The Artist & Manager Relationship — A Look At Recording Industry Management Agreements By Justin M. Jacobson, Esq. We will now begin a series of articles exploring several music business agreements.  The first agreement we will examine is the agreement that governs the artist (talent) and personal manager relationship.  An exploration of what...
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02-21-17 – JACOBSON GUEST LECTURER FOR BERGEN COMMUNITY COLLEGE “CAREERS IN MUSIC” CLASS (New York, NY)  – Justin M. Jacobson was as a guest lecturer for the “Careers in Music” class at Bergen Community College in New Jersey.  In this role, Mr. Jacobson spoke about his experience in the music industry, including highlighting some of...
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10-01-2017 – JEFFREY E. JACOBSON ADJUNCT PROFESSOR AT RAMAPO COLLEGE (New York, NY) Jeffrey E. Jacobson is continuing as an Adjunct Professor at Ramapo College of New Jersey teaching a course in Advanced Music Business.  The course includes an advanced and in-depth analysis and exploration of music publishing, production and recording agreements in addition to...
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09-25-2016 – JACOBSON NAMED SUPER LAWYER AGAIN (New York, NY)  Jeffrey E. Jacobson, President of The Jacobson Firm, P.C. has been selected for a third year in a row as a 2016 Super Lawyer. In this role, Mr. Jacobson will be listed in the New York Times Magazine as well as on the “Super Lawyer”...
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A Few Considerations For Starting An Independent Clothing, Apparel or Accessories Brand By Justin M. Jacobson, Esq. The expansion of new technologies and the domination of social media as a means for distribution and mass marketing have caused an explosion of independent fashion designers creating their own brands.  From clothing to apparel and other related...
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A Musician’s Basic Guide to Trademark Law By Justin M. Jacobson, Esq. Continuing from our prior installment where we discussed copyright law and how it relates to the music industry, we should now briefly explore how trademark law is related to the music business. As they say on Madison Avenue, “it’s all about the name;”...
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01-20-16 – THE JACOBSON FIRM NEGOTIATES MAJOR PUBLISHING DEAL FOR EDM ARTIST MATTHEW STEEPER WITH MUSICALLSTARS PUBLISHING (New York, NY) – The Jacobson Firm, P.C., on behalf of client, EDM Songwriter, Vocalist and Producer, Matthew Steeper has successfully negotiated a major publishing deal with MusicAllStars Publishing, which is affiliated with EDM mega-label, Spinnin’ Records. Mr....
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12-22-15 – VELEZ & CIPRIANO OF COUNSEL TO JACOBSON FIRM (New York, NY) – Pablo G. Velez, Esq. and Peter J. Cipriano, Esq. have joined The Jacobson Firm, PC as of Counsel. Mr. Velez is a member of the New York bar and is fluent in English as well as Spanish. Mr. Velez specializes in...
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09-25-15 – CLIENT CARLOS ESCALONA PRODUCED CHINO Y NACHO’S NEWEST ALBUM, “CHINO Y NACHO FOR BABIES” NOMINATED FOR 2015 LATIN GRAMMY FOR BEST LATIN CHILDREN’S ALBUM (New York, NY) – Client, BMI Latin award winner, Carlos Escalona produced “Chino Y Nacho For Babies” album by Latin Grammy winners, Chino Y Nacho, has been nominated for...
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09-24-15  – JACOBSON NAMED SUPER LAWYER AGAIN New York, NY) – Jeffrey E. Jacobson, President of The Jacobson Firm, P.C. has been selected again as A Super Lawyer in the 2015 Metro Edition. In this role, Mr. Jacobson will be listed in the New York Times as well as on the web as a “Super...
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08-17-15 – CLIENT EDM PRODUCERS MODERN MACHINES RELEASE ORIGINAL TRACK “FEEL IT” ON SHOWLAND RECORDS (New York, NY) – The Jacobson Firm, P.C. client, EDM Producers, Modern Machines have released a new original track, “Feel It,” on Showland Records. The talented NYC-based duo, Modern Machines followed up their official remix of David Guetta’s “Hey Mama,”...
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07-15-15 – THE JACOBSON FIRM HANDLES ADMINISTRATION OF THE ESTATE OF FORMER NBA ALL-STAR ANTHONY MASON ON BEHALF OF FORMER NBA PLAYER, ANTHONY MASON, JR. (New York, NY) – The Jacobson Firm, P.C. has been retained by former Miami Heat NBA Player, Anthony Mason, Jr., to handle administrative matters relating to his father and former...
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06-01-15 CARLOS ESCALONA PRODUCES LATIN GRAMMY AWARD WINNER CHINO Y NACHO’S NEWEST ALBUM, “CHINO Y NACHO FOR BABIES” (New York, NY) – Client, BMI Latin award winner, Carlos Escalona has finalized the production on Latin Grammy winners, Chino Y Nacho’s newest album “Chino Y Nacho For Babies.” He was instrumental in the album’s production as...
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05-12-15 – GARY BROWN INDUCTED INTO SUFFOLK SPORTS HALL OF FAME (New York, NY) – Client, Gary Brown, former Green Bay Packer and Super Bowl XXXI champion, was recently inducted into the Suffolk Sports Hall Of Fame. He graduated from Brentwood High School in Long Island and then attended Georgia Tech after receiving All-American honors...
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05-11-15 – JEFFREY E. JACOBSON: COUNSEL TO KIDS FOR COLTRANE, INC (New York, NY) – Jeffrey E. Jacobson was recently named counsel to Kids for Coltrane, Inc. Kids for Coltrane, Inc. is a New York non-profit 501(c)(3) corporation. They have done programs to educate elementary school children in music and jazz. The Kids for Coltrane...
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03-17-15 – JACOBSON GUEST LECTURER FOR BERGEN COMMUNITY COLLEGE “CAREERS IN MUSIC” CLASS (New York, NY) – Jeffrey E. Jacobson, President of The Jacobson Firm, P.C. was as a guest lecturer for the “Careers in Music” class at Bergen Community College in New Jersey. In this role, Mr. Jacobson spoke about his vast experience in...
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03-01-15 – JEFFREY E. JACOBSON: 25 YEAR OF “AV PREEMINENT ®” PEER REVIEW RATING FROM MARTINDALE-HUBBELL (New York, NY) – Jeffrey E. Jacobson was recently awarded a commemorative plaque for 25 years of AV Preeminent ® rating from Martindale-Hubbell—the highest possible rating for attorneys. Since 1990, Jeffrey E. Jacobson has consistently received Martindale-Hubbell’s top rating...
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01-21-15 – THE JACOBSON FIRM, P.C. NEGOTIATES PARTICIPANT AGREEMENT FOR CLIENT G-UNIT RECORDS RECORDING ARTIST PRECIOUS PARIS IN “LOVE AND HIP HOP: NEW YORK” (New York, NY) – The Jacobson Firm, P.C. has successfully negotiated a participation agreement on behalf of client and G-Unit Records Recording Artist, Precious Paris for the upcoming Season 5 of...
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12-01-14 – JACOBSON NAMED GENERAL COUNSEL FOR INTERNET RADIO STATION PNC RADIO IN DUMBO, BROOKLYN (New York, NY) 12-01-2014 – Justin M. Jacobson, an Associate with The Jacobson Firm, P.C., has been selected as General Counsel to PNC RADIO, an internet Radio Station based out of Dumbo, Brooklyn. PNC Radio was started in 2006 and...
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11-15-14 – THE JACOBSON FIRM, P.C. NEGOTIATES LICENSING AGREEMENT WITH THE MARTIN LUTHER KING, JR ESTATE FOR CLIENT MNF MUSIC Co. (New York, NY) The Jacobson Firm, P.C. successfully negotiated a licensing agreement between Intellectual Properties Management, on behalf of the Estate of Martin Luther King, Jr. and client, MNF Music Co. The inspirational and...
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09-23-14 – JACOBSON NAMED SUPER LAWYER (New York, NY) – Jeffrey E. Jacobson, President of The Jacobson Firm, P.C. has been selected as a Super Lawyer in the 2014 Metro Edition. In this role, Mr. Jacobson will be listed in The New York Times as well as on the web as a “Super Lawyer” in...
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09-15-14 – TAYLOR TO BE FILM FESTIVAL JUDGE (New York, NY) – James W. Taylor, Esq., Of Counsel attorney to The Jacobson Firm and resident in the firm’s Seattle office has been selected to be a film submission reviewer by the Sonoma International Film Festival. In this role, Taylor will review films submitted to the...
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04-28-14 – JEFFREY E. JACOBSON CONTINUES AS “AV PREEMINENT ®” PEER REVIEW RATED FROM MARTINDALE-HUBBELL (New York, NY) – Jeffrey E. Jacobson was recently awarded the new AV Preeminent ® rating from Martindale-Hubbell—the highest possible rating for attorneys. Jeffrey E. Jacobson has consistently received Martindale-Hubbell’s top rating for a period of nearly 25 years (since...
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04-21-14 – RAPPER/PRODUCER WARA FROM THE NBHD’S “SLANGIN’” FEATURED ON ADULT SWIM AND COMPLEX MAGAZINE’S “THE BOONDOCKS” PROMOTIONAL MIXTAPE (New York, NY) – Atlanta-based Rapper and Producer client, Wara From The NBHD’s newest single, “Slangin’” has been featured on Comedy Central’s Adult Swim and Complex Magazine’s Official “The Boondocks” Season 4 Promotional Mixtape. The mixtape...
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04-18-14 – CLIENT UNIVERSAL MUSIC PUBLISHING SONGWRITER/PRODUCER CARLOS ESCALONA CO-WRITES “TONIGHT” WITH RECORDING ARTIST NAFSICA (New York, NY) – Universal Music Publishing Songwriter and Producer, Carlos Escalona recently co-wrote “Tonight” with recording artist Nafsica for 10 year old DJ/Producer Aiden Jude. “Tonight” has been released by Shap Records on Beatport and has received praise from...
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04-07-14 – JUSTIN M. JACOBSON: at Institute of Audio Research in New York City (New York, NY) – Justin M. Jacobson recently completed his first semester as an Adjunct Instructor for The Business of Music course at the Institute of Audio Research in New York City. The Institute of Audio Research is a technical school...
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03-13-14 – CLIENT CHRISTIAN BENNER CUSTOM FINALIZES MERCHANDISE LICENSING AGREEMENT WITH ROIR RECORD’S BAD BRAINS (New York, NY) – Fashion designer to the stars, Christian Benner, fresh off his critically acclaimed debut fashion show during New York’s NOLCHA February 2014 Fashion Week, has just finalized a merchandise licensing agreement with ROIR Record’s recording artist, Bad...
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12-05-13 – CLIENT CHRISTIAN BENNER CUSTOM FEATURED IN ROLLING STONE MAGAZINE’S HOLIDAY GIFT GUIDE 2013 (New York, NY) – Celebrity Fashion Designer Christian Benner’s Custom designs were featured in the 2013 Holiday Gift Guide in Rolling Stone Magazine. Christian has been featured in Huffington Post; and, his designs have been featured on actress Taylor Momsen...
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11-23-13 – JEFFREY E. JACOBSON, ESQ. ON BAR PANEL ON IP RIGHTS IN SOCIAL MEDIA (New York, NY) – Jeffrey E. Jacobson, Esq. spoke on a panel regarding Intellectual Property rights in Social Media. The panel called “IP Rights on Social Media: Mobile Platforms, International, and Other Current Issues” was held at the New York...
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11-07-13 – The Jacobson Firm, P.C. Negotiates Contracts For All Axcess Tour, LLC With I’m Shmacked, LLC Fall Tour 2013 (New York, NY) – The Jacobson Firm, P.C. successfully negotiated a series of agreements with event production company, All Axcess Tour, LLC and college documentary and event production company, I’m Smacked, LLC for their Fall...
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10-25-13 – The Jacobson Firm, P.C. Negotiates Contract For Writer With Paul Haggis (New York, NY) The Jacobson Firm, P.C. successfully negotiated an agreement with long-time industry veteran and Academy Award Winning Writer of “Million Dollar Baby” and “Crash”, Paul Haggis, on behalf of client Stephanie Kali, as a show writer of a new Paul...
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05-01-13 – JEFFREY E. JACOBSON: at Institute of Audio Research in New York City (New York, NY) Jeffrey E. Jacobson recently completed his first semester as an Instructor in The Business of Music course at the Institute of Audio Research in New York City. After teaching music business for a decade at Five Towns College,...
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11-14-12 – JUSTIN M. JACOBSON SPEAKS AT CARDOZO SCHOOL OF LAW AS PART OF “BEYOND THE BILLBOARD: ADVERTISING LAW IN THE FASHION INDUSTRY” PANEL IN NEW YORK CITY (New York, NY) Justin M. Jacobson spoke at Cardozo School of Law as part of “Beyond The Billboard: Advertising Law in the Fashion Industry” presented by their...
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04-27-12 – THE JACOBSON FIRM, P.C. NEGOTIATES SENIOR PRODUCER CONTRACT FOR “CBS This Morning” Show (New York, NY) The Jacobson Firm, P.C. successfully negotiated an employment contract with CBS News, on behalf of longtime client Rachel Weintraub Riegel, as a Senior Producer of “CBS This Morning.” The show is hosted by Charlie Rose, Erica Hill...
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12-09-11 – THE JACOBSON FIRM, P.C. CLIENT, ISRAEL VIBRATION’s ALBUM, “REGGAE KNIGHTS” NOMINATED FOR A 2012 GRAMMY FOR BEST REGGAE ALBUM (New York, NY) The Jacobson Firm, PC’s long-time client, Israel Vibration has been nominated for a Grammy for Best Reggae Album for their latest release, “Reggae Knights.” Israel Vibration’s previous works include “Fighting Soldiers,”...
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12-09-11 – THE JACOBSON FIRM, P.C. NEGOTIATES FINANCING DEAL FOR MOTION PICTURE PRODUCTION “BLUEBIRD” (New York, NY) The Jacobson Firm, PC successfully negotiated an investor financing agreement on behalf of its clients, NoMoore Productions, and Producer Alexander Schepsman for the motion picture, “Bluebird.” The production will begin filming this upcoming month. Mr. Schepsman previously produced...
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09-28-11 – JEFFREY E. JACOBSON APPOINTED NEW YORK CITY BAR ASSOCIATION ENTERTAINMENT LAW COMMITTEE’S LIAISON TO THE ART LAW COMMITTEE (New York, NY) Jeffrey E. Jacobson, Esq. of The Jacobson Firm, P.C. was recently appointed as the New York City Bar Association Entertainment Law Committee’s Liaison to the New York City Bar Association’s Art Law...
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08-22-11 – JEFFREY E. JACOBSON: “AV PREEMINENT ®” PEER REVIEW RATING FROM MARTINDALE-HUBBELL (New York, NY) Jeffrey E. Jacobson was recently awarded the new AV Preeminent ® rating from Martindale-Hubbell—the highest possible rating for attorneys. Jeffrey E. Jacobson has consistently received Martindale-Hubbell’s top rating for a period of 21 years. This prestigious honor is awarded...
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06-09-11 – THE JACOBSON FIRM, P.C. NEGOTIATES CO-EXECUTIVE PRODUCER CONTRACT FOR “THE GAYLE KING SHOW” (New York, NY) The Jacobson Firm, P.C. successfully negotiated an employment contract with the Oprah Winfrey Network, on behalf of Rachel Weintraub, as the Co-Executive Producer of “The Gayle King Show.” Prior to this, Ms. Weintraub had been an Emmy-nominated...
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06-03-11 – THE JACOBSON FIRM, P.C. NEGOTIATES DEAL BETWEEN SONGWRITER TONY PACE AND UNIQUE INSPIRATIONAL GROUP (New York, NY) The Jacobson Firm, P.C. successfully negotiated an agreement with the internationally renowned musical group Flame, for the use of client and songwriter Tony Pace’s song “Someone Like You” on its first album. Flame, whose mission is...
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04-28-11 – THE JACOBSON FIRM, P.C. NEGOTIATES LICENSING DEAL FOR SUPERBOWL COMMERCIAL SEEN BY MILLIONS. (New York, NY) The Jacobson Firm, P.C. successfully negotiated a synchronization license on behalf of a client songwriter for use in a major corporation’s television commercial airing during Super Bowl XLV. The license covered the use of the client’s musical...
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04-03-11 – JEFFREY E. JACOBSON SERVES AGAIN AS FINALIST JUDGE (New York, NY) Jeffrey E. Jacobson of The Jacobson Firm, P.C., served again as a finalist judge in the ASCAP Nathan Burkan Memorial Writing Competition. One of three finalist judges, for the past five years they have helped select the three victorious papers written by...
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08-09-10 – JEFFREY E. JACOBSON RE-APPOINTED CHAIRMAN OF THE BROADCASTING, SOUND RECORDINGS AND PERFORMING ARTISTS COMMITTEE Jeffrey E. Jacobson has been reappointed Chairman of the Broadcasting, Sound Recordings and Performing Artists Committee for the American Bar Association (ABA Committee 306). His responsibilities include guiding members in developing Bar Association policy positions in the form of...
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Why A Band Member Agreement? – Reasons & Considerations By Justin M. Jacobson, Esq. While every band dreams of making it big and one day sharing the stage at a sold-out arena, the trials and tribulations that they encounter on the way to the top can leave lasting impacts on the band members as well...
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The A.A.R.C. & Digital Hometaping Royalties (“D.A.R.T. Claims”) By Justin M. Jacobson, Esq. Excerpts from “What is The AARC?” 56 Journal of the Copyright Society 213 (2008) by Justin M. Jacobson. The Audio Home Recording Act of 1992 (A.H.R.A) imposes royalty payments on the manufacturing, importing, and distribution of daigital audio recording devices and digital...
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What Is SoundExchange And Why You Should Sign-Up? By Justin M. Jacobson, Esq. In today’s music business, a musician needs to understand and receive all the various streams of revenue that they are entitled to for their musical works.  However, many of today’s artists are uninformed as to what royalties they are entitled to; and,...
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Websites By: Jeffrey E. Jacobson, Esq. Website development and ownership can raise a number of unique Copyright and Trademark concerns that all potential website owners need to be aware of before they begin the process of creating their website.  From the initial act of choosing a domain name, to the development of a design, and...
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Frequently Asked Questions: Trademarks & Servicemarks 101 By Jeffrey E. Jacobson & Justin M. Jacobson What is the difference between a trademark and a copyright? A copyright protects the expression of a creative idea, i.e. an image or sound recording; whereas, a trademark or servicemark is used to identify the source of goods or services,...
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Part 2: After You Create An Entity – The “Loan-Out” & Music Production Companies By Justin M. Jacobson, Esq. In part 1, we explored the potential benefits an artist receives from establishing a business entity such as an LLC or corporation.  We also discussed some other administrative matters related to the operation and continued maintenance...
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Publishing Money By Justin M. Jacobson, Esq. Every new musician is told by some other musician or industry professional “to keep your publishing” or some variation of this.  Such a statement is archaic and a potentially career debilitating mistake.  A better understanding of what “publishing” monies consist of and why this outdated advice of “keeping...
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Advice On Music Sampling By Justin M. Jacobson, Esq. With advancing technology and the development of new digital musical techniques, it has become even easier for an artist to “sample” and integrate another’s finished recording or sound bite into a new, altered and derivative work created by a new artist.  In today’s evolving marketplace, commercial...
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A Musician’s Basic Guide To Business Entities And Taxes In New York State By Justin M. Jacobson, Esq. As an individual embarks on their chosen journey, a career in music and in the music business, it is essential for them to have a basic understanding of the complexities and formalities associated with operating a legitimate...
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Music & Copyrights By Jeffrey E. Jacobson, Esq. Music is a bit unusual because there are two Copyrights involved for every master recording that is produced. There is a Copyright in the song, which consists of the underlying music and lyrics, and a Copyright in the sound recording itself. Lyrics and music are protected on...
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Developments In Copyright Law & Jewelry Law By: The Jacobson Firm, P.C. It has long been the law that a copyright infringement claim involving jewelry designs requires the party alleging infringement to prove that its design is 1) protectable under copyright law; 2) that the alleged infringer had access to the copyrighted work; and 3)...
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Intellectual Property 101 By Jeffrey E. Jacobson & Justin M. Jacobson Intellectual Property Law is a fancy term that has been much used in the last decade. Simply stated it includes the laws of patents, trademarks, copyrights and unfair competition. Intellectual Property is concerned with the protection and exploitation of creations. Copyrights cover the expression...
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Assess Your Assets: What Entertainers And Athletes Need To Protect Themselves By Justin M. Jacobson, Esq. Picture this, you’re an unmarried professional athlete, no spouse; but, you have three children with three different women and no will. Upon your death chaos ensues, as no specific individual is seen as your “surviving spouse” under the law;...
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Copyrights In Music By Justin M. Jacobson, Esq. We have previously explored the reasons to register a copyright and the procedures to effectuate it.  In this article, we will explore copyright law as it specifically relates to the music industry to ensure the proper exploitation and monetization of an artist’s finished song. For a work...
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Comics Law: How to Avoid Getting Screwed in a Work-For-Hire Job — or How to Keep Your CopyRIGHT By Jeffrey E. Jacobson, Esq. Do you want to create a new superhero? Do you dream about a job in the majors? Did you ever think, or even guess, no less speculate, that once you had both,...
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“Beats For Sale.” Now What? – A Look At Some Of The Legal Issues By Justin M. Jacobson, Esq. The rapid rise of the internet and the ease of world-wide instant peer-to-peer communications have provided many upcoming artists with new opportunities to monetize their unreleased, original works.  The use of social media and the internet...
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Basics of New York Business Formation – Corporations and L.L.C.s in New York By The Jacobson Firm, P.C. While there are many potentially lucrative benefits to forming your own business, without proper planning there are just as many potential downfalls. Here, we will discuss the basic legal implications that you should consider before creating your...
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Bands, Brands & Artist Names – Own Them Or Risk Losing Them. By Justin M. Jacobson, Esq. An artist, band or brand name is one of the most important, if not, the most important feature in an individual’s career. Therefore, ownership and prior proper clearance of a particular name is prudent; and, generally, the creator...
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Trademark Rights In A #HashTag By Justin M. Jacobson, Esq. As social media and digital marketing and promotions continue to dominate the business world, there is an increased importance on unique branded promotional campaigns.  In today’s world, dominated by social media, one new key brand development utilized by many marketers and advertisers is to market...
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Why A Songwriter “Split Sheet” Just Isn’t Enough? By Justin M. Jacobson, Esq. For some unexplained reason, frequently when artists go into the recording studio to work on a track together, they typically sign a “split sheet” and think it suffices.  In reality, the traditional songwriter “split sheet” could merely be used as a stop-gap...
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  • JEFFREY E. JACOBSON: 35th YEAR OF “Av PREEMINENT ®” PEER REVIEW RATING FROM MARTINDALE-HUBBELL

    JEFFREY E. JACOBSON: 35th YEAR OF "Av PREEMINENT ®"

    PEER REVIEW RATING FROM MARTINDALE-HUBBELL

    (New York, NY) – Jeffrey E. Jacobson continues as “Av Preeminent ®” Peer Review Rated from Martindale-Hubbell. Since 1990, Jeffrey E. Jacobson has consistently received Martindale-Hubbell’s top rating for a period of 35 years. This prestigious honor is awarded based on the opinions of other accredited professionals in the legal community. Martindale-Hubbell is the facilitator of a peer review rating process. These ratings reflect the anonymous opinions of members of the Bar and the Judiciary. Martindale-Hubbell Peer Review Ratings fall into two categories – legal ability and general ethical standards. “Av Preeminent ® Distinguished™” are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.
  • JACOBSON NAMED SUPER LAWYER AGAIN

    JACOBSON NAMED SUPER LAWYER AGAIN

    (New York, NY) – Jeffrey E. Jacobson, President of The Jacobson Firm, P.C. has been selected again as A Super Lawyer in the 2024 Metro Edition, for the eleventh time in a row. In this role, Mr. Jacobson will be listed in the New York Times as well as on the web as a “Super Lawyer” in Intellectual Property. Only 5% of the attorneys in the New York Metro area are selected to Super Lawyers. For over three decades, this publication has been regarded by both the profession and public as the most credible and definitive guide to legal excellence in the United States. Super Lawyers select attorneys using patented multiphase process consisting of peer nominating and evaluated on 12 indicators of peer recognition and professional achievement to receive this award.
  • MAN VS MACHINE: ARTIFICIAL INTELLIGENCE AND INTELLECTUAL PROPERTY

    MAN VS MACHINE: ARTIFICIAL INTELLIGENCE AND INTELLECTUAL PROPERTY

    By: Jeffrey E. Jacobson, Esq. with Rachel Cardona

    Human creativity transformed into tangible expression is the cornerstone of intellectual property law. Generative AI programs, such as ChatGPT and Midjourney, have rapidly increased our methods of optimization in educational inquiries, business processes, healthcare, content creation, and vast creative endeavors. However, these programs have also given creative people nightmares. No longer do we have to wait for the next movie from your favorite star or album from the singer you love; just create it with an AI program. As of April 10, 2024, the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet continued their three-part hearing exploring the legal implications of artificial intelligence and intellectual property. The recent congressional hearing, entitled “Part III: IP Protection for AI-Assisted Inventions and Creative Works,” emphasized a call for a resolution as to how much human involvement in AI-assisted works is deserving of copyright protection. The Copyright Office has been denying registration to AI created works in addition to photographs created by monkeys. A human creator is an element required for an author of a copyrightable work.

    AI and Copyright

    The root of copyright issues with AI stems from the traditional notion of authorship because AI systems are not human creators. The AI programmers are not the creative forces entitled to authorship of the output. Therefore, the human facet of training AI to organize. creative content in a certain order might be granted copyright protection solely for the selection, coordination, and arrangement of the AI-assisted work. As upheld by the Copyright Office and as illuminated in Thaler v. Perlmutter, creative works that are entirely created by AI computer algorithms are not copyrightable. However, AI creations that are significantly “trained” by human input or works that are partially generated with AI may be granted copyright protections in specific circumstances. The author of the comic “Zarya and the Dawn” was only granted limited copyright protection for the text and arrangement of the images, but not the individual comic images. As expressed in the congressional hearing, an appropriate first step in determining human involvement in the AI space involves evaluating 1) whether the creator executed their own original intellectual conception, and 2) whether the creator exercised control and foreseeability over the AI output. Several panelists in the session contested this approach, further amplifying the indeterminate nature of this debate.

    AI and the USPTO

    Inventors are also utilizing AI to aid in their discoveries. The future involvement of generative AI in innovative processes raises the question of how much AI involvement takes away the human element of discovery. Panelists at the congressional hearing cautioned against heavily restrictive patent guidelines for the use of AI as an inventive process. When the digital era first appeared; creators were in a panic. Photographs could be digitally altered without permission from the author as well as other works. Digital watermarks became a solution; however, AI goes beyond this.

    Conclusion

    With the swift integration of AI into several aspects of everyday life, it is crucial that our current legal framework progresses to elucidate the unique implications of copyright law and protect creators. The constitutional purpose of copyright mandates that authors (and inventors) are protected in their creative output. This dilemma has caused union issues and will continue to haunt people as a new definition of derivative works appears. The future of innovation and our global economy relies upon the underlying policy concern to safeguard free-thinking, creativity, and the human condition. The information provided in this article does not constitute legal advice; instead, all information and content in this article are for general informational purposes only. LEGAL ADVERTISING © 2024 The Jacobson Firm, PC
  • SUPREME COURT RULES ON WHETHER COPYRIGHT OWNERS CAN RECOVER DAMAGES BEYOND THE THREE- YEAR STATUTE OF LIMITATIONS?

    SUPREME COURT RULES ON WHETHER COPYRIGHT OWNERS CAN RECOVER DAMAGES BEYOND THE THREE-YEAR STATUTE OF LIMITATIONS?

    By: Jeffrey E. Jacobson, Esq. with Rachel Cardona On May 9, 2024, the United States Supreme Court issued a decision in Warner Chappell Music Inc. v. Sherman Nealy, addressing a circuit split in federal courts as to whether a copyright owner can recover damages beyond the three-year filing statute of limitations.

    Background

    In 2018, Nealy sued Warner Chappell Music Inc. for copyright infringement, alleging that he held the copyrights to songs by Music Specialist and that the licensing activities by Warner Chappell infringed his rights. The infringing activity began in 2008, ten years before Nealy brought suit. Nealy sought damages and profits for the alleged misconduct. He argued that all his claims were timely under the discovery rule because he was not aware of the infringing conduct until 2016, following his subsequent release from prison and less than three years before he sued.

    Analysis

    Under the Copyright Act, a plaintiff must file suit “within three years after the claim accrued.” 17 U. S. C. § 507(b). Relying on language from the Petrella decision, the Second Circuit limits damages to three years from the start of the copyright infringement. The Eleventh Circuit permits damages to be recovered for more than three years under the discovery rule. Under the discovery rule, a claim accrues when “the plaintiff discovers, or with due diligence should have discovered,” the infringing act. Unlike Nealy, the plaintiff in Petrella had long known of the infringing conduct at issue, therefore she could not avail herself of the discovery rule. Here, the District Court held that even if Nealy could sue under the discovery rule for older infringements, he could recover damages or profits for only those occurring in the last three years. The Eleventh Circuit reversed, arguing that damages are distinct from and not barred by the three-year statute of limitations. The majority in the 6-3 opinion agreed with the Eleventh Circuit.

    Holding

    The Eleventh Circuit upholds the notion that the plain language of the Copyright Act “does not support the existence of a separate damages bar for an otherwise timely copyright claim.” As a policy, imposing such a bar “would gut the discovery rule by eliminating any meaningful relief” for the claims it is designed to preserve. The majority adopts this approach in asserting that there is no time limit on monetary recovery. Consequently, a copyright owner possessing a timely claim is entitled to damages for infringement, regardless of when the infringement occurred. The dissent argued against an expansive approach to the discovery rule by signaling towards a traditional application of the rule solely in cases of fraud or concealment. Therefore, because Nealy did not allege any fraud or concealment, the dissent reasoned the discovery rule should not apply here. The recent decision in Nealy has substantial implications on the damages and monetary relief available to copyright plaintiffs, increasing the time frame for damages recovery beyond the three years statute of limitations. As a general practice, copyright holders must continue to regularly monitor unauthorized use of their copyright, as the ruling does not affect the three-year statute of limitations deadline for filing a claim. The information provided in this article does not constitute legal advice; instead, all information and content in this article are for general informational purposes only. LEGAL ADVERTISING © 2024 The Jacobson Firm, PC
  • Jeffrey Jacobson Appointed to the NY City Bar Trademarks & Unfair Competition Committee
    New York, NY – Jeffrey Jacobson has been appointed to the New York City Bar’s Trademarks & Unfair Competition Committee, one of the most respected legal committees in the intellectual property field. Jacobson’s new role will involve delving into the complexities of trademark law, contributing to discussions on current issues, and shaping the future of trademark practice through collaborative efforts with fellow committee members. The Committee is renowned for addressing cutting-edge topics such as trends in keyword advertising, the establishment of color marks, and the intricacies of top-level domain name registration. Jacobson’s extensive background in intellectual property law, coupled with his commitment to professional service, makes him a valuable addition to the Committee. He brings to the table over four decades of experience, notably his ongoing contributions to the Communications and Media Law Committee, as well as the Entertainment Law Committee of the Association of the Bar of the City of New York. His dedication to mentoring the next generation of attorneys is reflected in his founding of the Urban Intellectual Property Seminars, aligned with the Young Lawyers Division of the American Bar Association. Jacobson’s academic endeavors include teaching at Hunter College, CUNY, and his previous roles at Ramapo College of New Jersey and Five Towns College in Dix Hills, where he shared his knowledge on Copyrights, Music Business Contracts, Publishing, Advanced Music Business, and The Business of Music. Jacobson has also significantly contributed as a Trustee, member of the Executive Committee, and co-chair of the first web committee for the Copyright Society of the USA, and continues to offer his expertise on the CLE faculty and the N2K Task Force. His chairmanship in the Intellectual Property Law section of the American Bar Association and his authoritative reports on vital copyright issues underscore his expertise and dedication to the field. As a previous member of the Trademark & Unfair Competition Committee and Copyright and Literary Property Law Committee,  Jacobson’s reappointment is a testament to his stature in the legal community and his comprehensive understanding of intellectual property challenges and opportunities. ------------------------------------------------------------------------------------------------------------------------------- About the Jacobson Firm, P.C.: The Jacobson Firm, P.C. has a distinguished history of service in the field of intellectual property law, offering expert legal guidance to a diverse clientele ranging from artists and entrepreneurs to major corporations. With a proven track record for excellence, the firm upholds the highest standards of practice, guided by a commitment to innovation,  integrity, and the advancement of the legal profession.
  • Jacobson named SuperLawyer again
    (New York, NY) − Jeffrey E. Jacobson, President of The Jacobson Firm, P.C. has been selected for a tenth year in a row as a 2023 Super Lawyer. In this role, Mr. Jacobson will be listed in the New York Times Magazine as well as on the “Super Lawyer” website under Intellectual Property. Only 5% of the attorneys in the New York Metro area are selected to be listed with Super Lawyers. For over three decades, this publication has been regarded by both the profession and public as the most credible and definitive guide to legal excellence in the United States. Super Lawyers select attorneys using a patented multiphase process consisting of peer nominations and evaluations based on 12 indicators of peer recognition in addition to professional achievement to receive this award. The Jacobson Firm’s entertainment and music law clients include, or have included, former Rolling Stone Mick Taylor; Latin superstar Juan Luis Guerra; David Cassidy; Toni Braxton; Tisha Michelle Campbell; Jefferson Airplane’s Marty Balin; world-renowned diva Vaneese Thomas; producers Sly & Robbie; reggae artists Inner Circle, Freddie McGregor, and Israel Vibration; rock legends Johnny Winter and The New Riders of The Purple Sage; Spyro Gyra; three-time Grammy nominated Masters at Work; NY Jet Donald Strickland, Green Bay Packer Garry Brown, cutting-edge labels R.O.I.R., Dopewax, Norton, VP, and MAW Records. Corporate and intellectual property clients include: Jewelers Vigilance Committee; The legendary Buffalo Chip Campgrounds in Sturgis, South Dakota; and MOEMS, the Math Olympiads. For more information about trademarks, copyrights, intellectual property, music, film and television law, as well as the entertainment business, please visit www.jacobsonfirm.com or www.copyright.nyc.
  • Jack Daniel’s Trademark Decision: A Blow to Parody Products By Jeffrey E. Jacobson, Esq.
    By Jeffrey E. Jacobson, Esq. with Ben E. Radisch In June, 2023, the Supreme Court issued a unanimous ruling in favor of Jack Daniel’s, a bourbon company, against VIP Products, the producers of parody dog toys. The issue centered around VIP’s “Bad Spaniels” dog toy that resembled the Jack Daniel’s bourbon bottle. Importantly, this decision seemingly upended trademark law and has opened the window for parody products to be subject to a whole new realm of trademark litigation.
    Jack Daniels Trademark Decision A Blow to Parody Products
    Jack Daniels Trademark Decision A Blow to Parody Products
    Generally, trademarks are vital to intellectual property protection. Trademarks serve as an indicator for a product’s origin and separate the products from others. In doing so, trademarks aid consumers in purchasing the products they actually want. As a result, this permits the producers to obtain the monetary benefits associated with the product’s good will and reputation. For example, the Nike Swoosh logo allows consumers to purchase genuine Nike shoes, not a “knock off” or different brand, and allows Nike to generate income from its long standing reputation and image. Succinctly, trademark law is designed to protect brands, logos, and other symbols that distinguish a producer of goods or services from another. With this in mind, trademark cases are generally for infringement or dilution. Infringement is whether the defendant’s (infringer’s) use of the trademark is “likely to cause confusion, or to cause mistake, or to deceive.” On the other hand, dilution is whether the defendant (infringer) “harm[ed] the reputation” of a famous trademark or diluted its distinctiveness. Notably here, Jack Daniel’s responded to VIP’s initial action by filing claims against VIP for trademark infringement and dilution. The District Court contended that consumers were likely to be confused by the source of the dog toy and its elements, such as the "The Old No. 2" symbol or "43% Poo By Vol." The District Court saw these elements as negative associations of Jack Daniel’s with dog feces. Subsequently, the Circuit Court reversed the infringement claim based on the Rogers test. It was then remanded by the Court of Appeals to determine whether the Rogers test was satisfied or not. The Rogers test has been a vital part of trademark law for several decades. It was developed to reconcile First Amendment free speech principles with trademark law's goal of avoiding confusion. Courts employ the Rogers test when dealing with "artistic" works in an infringement claim. This approach recognizes that such works possess an "expressive" element that invokes First Amendment Rights and poses a minimal risk of consumer confusion regarding the goods’ source. Accordingly, the Ninth Circuit ruled that VIP’s dog toy deserved special scrutiny under the Rogers test because of its "expressive" nature of conveying a humorous message. Upon remand, the District Court concluded that VIP did not infringe because Jack Daniel’s could not provide enough to satisfy the Rogers test burden. Regarding the dilution claim, the Court of Appeals denied it because the Bad Spaniels dog toy parodied Jack Daniel’s bottle design, thus falling under the "non-commercial use" exclusion. Essentially, the dog toy was considered an expressive or creative parody work and this exclusion prevented the parody dog toy from being subject to a dilution claim. Following this, the Supreme Court thoroughly reevaluated the application of the Rogers test. After some consideration, they declared that the Rogers test is inapplicable when an alleged infringer uses a trademark as a designation or indicator of the source for their own goods. The Court referenced the case of Mattel, Inc. v. MCA Records, Inc., where the famous "Barbie Girl" song produced by MCA Records did not utilize Mattel's "Barbie" name as a source identifier. Fundamentally, the song merely used the name "Barbie" without implying that it was using Mattel’s "Barbie" brand and trademark as its own. The Court applied this reasoning to VIP’s dog toy, stating that the dog toy's design was not akin to the Barbie song. Instead, VIP used the Jack Daniel’s trademark as its own to market the dog toy, regardless of whether the "humorous" element of the dog toy were expressed to any degree. As a result, the Supreme Court's decision has momentous implications for trademark law and intellectual property. Professor McCarthy voiced his concerns, stating, "I had expected the Supreme Court to reverse and redefine what qualifies as an 'expressive' work (e.g., a novel or movie) eligible for the application of the Rogers test. However, the Supreme Court took a different approach. It narrowed the application of the Rogers test in a distinct manner." The Court asserted that the Rogers test does not apply when the accused use functions as a trademark itself. In such cases, the traditional trademark infringement test of likelihood of confusion adequately accommodates free speech policies. With this ruling, the Court seems to have provided a narrow interpretation that significantly limits the scope of creative and expressive works outlined by the Rogers test. That being said, this ruling raises questions about the future viability of parody products in trademark litigation. For instance, in Tetley, Inc. v. Topps Chewing Gum, Inc., the Supreme Court ruled in favor of Topps, the producer of “Wacky Packages” − a children’s toy that used similar trademarks for parody stickers. The Court's judgment in Tetley had broader implications for balancing trademark rights and free speech. There, the Court ruled that while trademark owners had legitimate interests in safeguarding their marks, the parodies created by Topps did not actually infringe on these rights. The Tetley Court emphasized the importance of free speech and artistic expression, concluding that the parodies constituted social commentary and humor rather than an attempt to confuse consumers. Under this reasoning, VIP using Jack Daniel’s bottle design as inspiration for the “Bad Spaniels” dog toy should be no different than Topps using established brands’ trademarks for their "Wacky Packages.” The Tetley decision considered several factors to assess whether the alleged infringing product could lead to source confusion: (1) the distinct market, (2) the actual product itself or the product medium, and (3) the sales location. Based on these factors, the likelihood of confusion regarding Jack Daniel's association with "Bad Spaniel's" appeared relatively low. Jack Daniel's liquor is marketed to adults aged 21 and above for recreational use, sold in liquor stores; while "Bad Spaniel's" is a dog toy targeted at dog owners and families, likely available primarily in pet stores. Consequently, the average consumer would likely not reasonably mistake "Bad Spaniel's," a dog toy, for being endorsed or sold by Jack Daniel's themselves. Moreover, the average consumer is likely familiar with parodies or the concept of parodies and would easily identify a product as such. Ultimately, the Supreme Court’s ruling now undermines the long established standards of Tetley and the reliability of the Rogers test. While the Supreme Court did not outright reject the Rogers test, three justices expressed concerns about its viability in the future. They cautioned that the Rogers test might not be entirely sound in all its particulars and suggested that lower courts should handle it with care. The court viewed the Rogers test as an “easy out” for parody products to use trademarks as their own if they claimed there was any expressive value to it. This is no longer the case. Without defining what “expressive” means, the Supreme Court has seemingly closed the door for parody products to use trademarks that are central to what makes a parody product a parody product. © 2023 The Jacobson Firm, P.C.
  • Copyright Infringement: Analyzing the Implications of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith

    Copyright Infringement: Analyzing the Implications of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith

    By: Jeffrey E. Jacobson with Madelyn Feyko This Supreme Court copyright case involves not one, but two artists. This is the most recent case where the Supreme Court addresses the fair use defense. The first artist, Andy Warhol, is well known. His images of products like Campbell’s soup cans and of celebrities like Marilyn Monroe appear in museums around the world. Warhol’s contributions to contemporary art are undeniable. The second, Lynn Goldsmith, is less well known. But she too is a trailblazer. Goldsmith began her career in rock-and-roll photography when there were few women in the genre. Her award-winning concert and portrait images, however, shot to the top.

    Decision on Fair Use - Supreme Court

    Background

    Goldsmith licensed her studio photograph of, then rising star, Prince to Vanity Fair in 1984. After Prince passed away in 2016, the Andy Warhol Foundation for the Visual Arts, Inc. (AWF) licensed an image of “Orange Prince”—an orange silkscreen portrait of the musician Prince created by Andy Warhol—to appear on the cover of a Vanity Fair special edition magazine. AWF created and licensed 15 additional prints using Goldsmith’s photograph, a black and white portrait of Price, at issue in this case.

    Copyright Law and Fair Use

    Fair use is a flexible concept which is a defense to a copyright infringement claim. Its application will vary depending on context. To determine if a use is a fair use, the court considers four factors under 17 U.S.C. §107: (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.

    Fair Use Doctrine: First Factor Analysis

    Although the Court of Appeals had previously analyzed each of the fair use factors, the only issue before the Supreme Court was whether the court below correctly held that the first factor §107(1) stating “...the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes” weighed in Goldsmith’s favor. The first factor considers the reasons for and nature of the use of a work. The central question asked here is whether the new work transforms the proir work into something with a further purpose or different character. Furthermore, it examines whether the use at issue has a purpose or character different from the original. The greater the difference, the more likely the first factor weighs in favor of fair use. The smaller the difference, the less likely. A use that has a different character is said to be “transformative.” In 1994, the Court previously found that the 2 Live Crew’s infringement was excused as a “fair use” due to the transformative nature of their song, “Pretty Woman.” The degree of difference must be balanced with the other factors to determine fair use.

    The Court’s Opinion

    Supreme Court Decision on Fair Use
    Supreme Court Decision on Fair Use
    Here, the Court decided the specific use of Goldsmith’s original photograph in the original magazine story about Prince and the subsequent use in the special edition were used for substantially the same purpose resulting in an infringement. Moreover, AWF’s use was of a commercial nature. Even though Orange Prince added new expression to Goldsmith’s photograph, in the context of the challenged use, the first fair use factor still favored Goldsmith. Notwithstanding, the use of Goldsmith’s licensed work resulted in a significant loss of revenue in addition to the million dollars in legal fees she incurred. It is yet to be determined if she will recover them. Ultimately, the Court found that Goldsmith’s original works, like those of other photographers, were entitled to copyright protection and enforced the exclusive rights. Such protection includes the right to prepare derivative works that transform the original. This decision solidifies that economic factors in infringement cases are the most important factors to consider.
  • Super Lawyer

    Jacobson Named Super Lawyer & “Top Rated Lawyer” by Martindale-Hubbell

    Jeffery E. Jacobson, President of The Jacobson Firm, P.C. has been selected for the tenth year in a row as a 2023 Super Lawyer. Jacobson continues to provide exemplary legal services for Intellectual Property, and in Entertainment. The Jacobson firm has clients from varying backgrounds and provides a wide range of legal services for their clients. Through his years of experience, Jacobson has dealt with clients big and small and throughout widespread areas of his clients. Only 5% of the attorneys in the New York Metro area are selected to be listed with Super Lawyers, and since 2014, Jeffery Jacobson has been selected by Super Lawyer every year. Super Lawyers select attorneys using a patented multiphase process consisting of peer nominations and evaluations based on 12 indicators of peer recognition in addition to professional achievement to receive this award. Jeffery Jacobson will continue to provide the highest level of legal services to his clients and zealously advocate for their rights as he has done since 1982.

    2023 Top Rated Lawyer by Martindale-Hubbell

    Additionally, Jeffery Jacobson has also been named a 2023 Top Rated Lawyer by Martindale-Hubbell Peer Review Ratings. An AV designation is awarded to only the top attorneys in their respective fields. Martindale-Hubbell recognizes lawyers for their strong legal ability and demonstration of high ethical standards in their practice of law.
  • Committees
    Jacobson continues to serve on the prestigious Communications and Media Law Committee of the Association of the Bar of the City of New York and their Entertainment Law Committee. Jeffery Jacobson is extensively involved in Committees and holds positions in many relevant organizations to enhance his knowledge of Intellectual Property and to mentor young attorneys beginning their careers. For over 40 years he has been a member of the Copyright Society of the USA and has served on the Editorial Board of the Society’s journal since 1989, been a Trustee, sat on the Executive Committee, and co-chaired their first web committee. Jacobson also founded the Urban Intellectual Property Seminars program, which is an extension of the Young Lawyers Division of the American Bar Association. Jacobson serves on numerous entertainment law committees and is extremely active in the copyright bar. Jacobson teaches in an adjunct capacity at Hunter College, CUNY and has taught at Ramapo College of New Jersey and Five Towns College in Dix Hills for a decade teaching Copyrights and Music Business Contacts, Publishing, Advanced Music Business, and The Business of Music. He has served on the Trademark & Unfair Competition Committee and Copyright and Literary Property Law Committee. Jacobson also serves on the CLE faculty as well as the N2K Task Force. Jacobson chairs the subcommittee in the Intellectual Property Law section of the American Bar Association and composes reports on topics such as “Satellites,” “Copyright Renewal,” and “Copyright Law Compliance for Authors,” as well as chair for the Broadcasting, Sound Recording and Music Committee. Jacobson also sits on the Advisory Committee of the New York Music Task Force and served as Vice-President of the Performing Arts Unit of B’nai Birth.
  • June 2022 Update: Copyright Small Claims Court Launched

    June 2022 Update: Copyright Small Claims Court Launched

    By Jeffrey E. Jacobson, Esq.

    As explored early last year, the Copyright Claims Board (CCB) created by the CASE Act will start accepting claims on June 16, 2022. Claims for copyright infringement and misrepresentation will be accepted by the CCB. The initial filing fee is $40, followed by another $60 charge if the respondent does not "opt out" of the procedure. Claims up to $30,000 will be entertained and attorneys fees may be awarded. Mini cases for claims of $5000 will also be entertained. No depositions and expedited discover are permitted as part of this new procedure. This article is not intended as legal advice, as an attorney specializing in the field should be consulted. © 2022 The Jacobson Firm, P.C.
  • The #EsportsBizShow – Esports Organizations – Chris Lamarucciola (Parabellum Esports)

    On April 26, 2022, the #EsportsBizShow aired on Preediction on Esports Organizations with Chris Lamarucciola of Parabellum Esports. In this episode, Chris spoke about launching esports organization, Parabellum Esports and its related properties. He continues by exploring Parabellum Esports' current competitive teams, such as their Rainbow Six Siege team, an exploration of iRacing as well as mentioning the organization's recent acquisition by React Gaming Group.

    Check the full interview here and below. https://open.spotify.com/episode/32qx9G788NATe6v523HGmu?si=nArpaPJHQEWwyMtH5hN85A
  • The #EsportsBizShow – NFTs, Crypto & Play 2 Earn (P2E) in Esports and Gaming – Christopher Gonsalves (Community Gaming)

    On April 12, 2022, the #EsportsBizShow aired on Preediction on NFTs, Crypto and Play 2 Earn (P2E) in esports and video games with Christopher Gonsalves of Community Gaming. In this episode, Chris spoke about starting Community Gaming New York and his original work in the cryptocurrency, bitcoin and NFT space. He continues by exploring his current work in the NFT and Play 2 Earn gaming space, including Community Gaming's recent investment and pivot to Community Gaming.io, which offers tournaments using its unique event and tournament management software as well as event prize distribution via blockchain and cryptocurrency system.

    Check the full interview here and below. https://open.spotify.com/episode/67vB5JO0SDsWUvHThDbPqy?si=nx5pUH-bSo2mc6Mn6nvNsg
  • Oh, No! They Rescheduled the Harry Styles Concert! Force Majeure and “Rain or Shine” Language in a Time of Disasters and Pandemics

    Oh, No! They Rescheduled the Harry Styles Concert! Force Majeure and “Rain or Shine” Language in a Time of Disasters and Pandemics

    By Jeremy M. Evans, Esq. and Justin M. Jacobson, Esq.

    The sale of many consumer goods, including concert tickets, indicates something along the lines of “rain or shine.” Does this include disasters that occur? What happens if a disaster happens? Do clients have a claim against the seller? How can attorneys advise these clients? Considering today’s unpredictable weather as well as the ongoing COVID-19 global pandemic, there has been substantial discussion regarding cancellation policies as they relate to commonly used “rain or shine” policies for live events and attractions, as well as the potential usages of “force majeure” language. One way that attorneys have managed the risk for clients is by inserting protection clauses in agreements or other written documents entered into by these individuals or businesses. Some of these provisions include force majeure, indemnification, waivers, protocols, and a seemingly “moving target” approach to handling the continued uncertainty in an ongoing, unprecedented health pandemic. In many ways, states have varied in their approaches to the pandemic, but attorneys have been more consistent in their approach of protecting their clients from lawsuits or unnecessary risk. This article will explore legal approaches to the uncertainty caused by forces outside of each party’s control. In any attorney-client relationship, trust is paramount. In any attorney-to-attorney or client-to-opposing-party or business relationship, trust is also most important. The parties should like or at least trust each to be flexible to make changes to an agreement as times and circumstances change in a way that benefits or harms both parties. This happened repeatedly during the pandemic when airlines and hotels rebooked and refunded planned trips. Attorneys and clients need to think about contingencies if and when things go wrong and how to make them right. It is a collaborative way of contracting and retaining customers. Parties that are too strict will lose trust and customers, which will affect their overall long-term profitability and sustainability. The best example is one in the endorsement and sponsorship setting. The parties should want to work together to promote one another. If the parties find that they do not like each other, they should move on, as the relationship usually continues on a downward trend. In terms of business, companies should want customers and should try to be flexible within reason. In this respect, terms and processes should be outlined in detail in written agreements, policies, and “terms and conditions” on websites, backs of admission tickets, or elsewhere so that a purchaser or any other customer is aware of the applicable regulations associated with a specific transaction or purchase. The following are some ways attorneys have addressed some of these issues.

    “Rain or Shine” Event Policies

    It is common for many consumer goods, such as live sporting events, musical concerts, festivals, and other “ticketed” ventures, to include standard “terms and conditions” that apply to the purchaser of a particular good, such as an admission ticket. While each prospective client or business has its own specific language and necessary protections, there is a trend of live event production entities incorporating something along the lines of a “rain or shine” policy. This means that a specific live event such as an MLB baseball game (see, e.g., https://tinyurl.com/bdfpujhh) or an outdoor music festival (see, e.g., https://foresthillsstadium.com/faq) will occur whether the weather is amenable or if it is less than ideal. There are, however, exceptions to this industry custom, such as the existence of extreme or severe weather conditions making it “unsafe” or “dangerous” to attend the event. For instance, popular musical artist Harry Styles had to reschedule a live concert due to the “dangerous” road conditions resulting from a hurricane in the area (https://tinyurl.com/2s4x462k). In an attempt to assuage fans, the concert was rescheduled to a later date in the year (https://tinyurl.com/msv7sxnd); this move might not be convenient for every potential customer, but it does provide an opportunity “for the show to go on.” Furthermore, the popular third-party ticket company Ticketmaster has its own established policy as it relates to canceled events (https://tinyurl.com/2p9ay2ar). The entity has gone as far as offering a purchaser event cancellation insurance that covers “the ticket price, taxes, convenience fees and shipping charges along with other eligible event-related items . . . such as parking” (https://www.ticketmaster.com/insurance). In light of today’s uncertain conditions, it is important to be aware of these policies and ensure that clients incorporate them to best protect their financial interest. Generally, in many of these situations, most parties attempt to mitigate a patron’s loss and maintain public goodwill by rescheduling the event to a later date that hopefully does not encounter similar climate restrictions—sometimes referred to as a “rain check” (see, e.g., https://www.mlb.com/yankees/tickets/raincheck). Conversely, the operator may cancel the event altogether and refund the monies received from a client’s customers (see, e.g., https://electriczoo.com/ticketing-terms). However, in some cases, the amicable approach is not appreciated by all customers, which has resulted in a series of individual as well as class-action lawsuits by ticket purchasers against the event hosts in light of cancellations due to COVID-19 and other uncontrollable disasters (see, e.g., https://tinyurl.com/ypfnnshh; see also McMillan v. StubHub Inc., Case No. 20-cv-06392-HSG (N.D. Cal. Oct. 21, 2020); Bromley v. SXSW, LLC, No. 1:20-cv-439 (W.D. Tex. Apr. 24, 2020)). Therefore, it is crucial that a client has outlined operational procedures related to these types of situations beforehand to best protect themselves.

    Force Majeure Clauses

    In addition to the inclusion of “rain or shine” and other weather-related policies when crafting an event cancellation policy, attorneys can also advise clients to include contractual language to protect them in the form of a force majeure clause. This provision exists to excuse a party’s nonperformance under a contract when extraordinary events or a specific “triggering event” prevents a party from fulfilling its contractual obligations. Black’s Law Dictionary (10th ed., 2014) defines a force majeure “triggering event” as “an event or effect that can be neither anticipated nor controlled” and “includes both acts of nature such as floods and hurricanes, and acts of people such as riots, strikes, and wars.” In extraordinary cases where a force majeure clause may be applicable, it is necessary to determine whether a specific event activates this provision, as its operability may eliminate or reduce any potential liability that a party might have for not performing their contractually obligated duty. In most circumstances, the terms of a contract are generally enforceable as written. In general, courts commonly look to and follow the express language contained in a force majeure clause when determining whether a particular event is listed and is therefore covered by this provision (see, e.g., Virginia Power Energy Mktg., Inc v. Apache Corp., 297 S.W.3d 397, 402 (Tex. App. Houston [14th Dist.] 2009, pet. denied) (“As we interpret the parties’ contract, including the force majeure provisions, our primary concern is to determine the parties’ intent”)). In fact, courts generally interpret force majeure clauses narrowly and will only enforce the clause and excuse a party if the provision “specifically includes the event that actually prevents a party’s performance” (see, e.g., Reade v. Stoneybrook Realty, LLC, 63 A.D.3d 433, 434 (2009) (citing Kel Kim Corp. v. Central Mkts., 70 N.Y.2d 900)). Because many courts commonly rely on the express language of a force majeure clause when determining whether a specific event is covered, it is crucial to ensure that a force majeure clause is incorporated in a client’s contract. Additionally, it is important to ensure that the drafted language explicitly lists all the possible triggering events covered by the provision (see, e.g., Virginia Power Energy Mktg., Inc v. Apache Corp., 297 S.W.3d at 402). This is because the inclusion of more specific language may make it more likely that the provision might be applicable to the specific situation (see, e.g., Perlman v. Pioneer Ltd. Partnership, 918 F.2d 1244, 1248 n.5 (5th Cir. 1990); Virginia Power Energy Mktg., Inc v. Apache Corp., 297 S.W.3d at 402). As a result, it is prudent to ensure a client unambiguously includes and directly mentions applicable force majeure events in the agreement, such as “COVID-19” along with other related verbiage such as “epidemic,” “pandemic,” “public health crisis,” “governmental or regulatory orders,” and/or “governmental restrictions on performance.” This way, a client is properly protected in the event of the occurrence of any of these events. Furthermore, in addition to explicitly stating the various applicable events, a party could also incorporate broad “catchall” language (e.g., “or other similar causes beyond the control of such party”), which might provide arguments for relief for events that were unforeseeable at the time of contracting and those that were not specifically mentioned and incorporated in the force majeure language. In cases where a client has used a force majeure clause in an agreement that does not include language explicitly referring to COVID-19 or other wording related to a health pandemic, and one or both of the parties’ performances are prevented due to the virus outbreak, one or both parties may look for relief under other interpretations of the language contained in many force majeure clauses such as claiming that the event is an “act of God” or “act of nature.” Black’s Law Dictionary defines an “act of God” as “an overwhelming, unpreventable event caused exclusively by forces of nature, such as an earthquake, flood, or tornado.” This could apply to “unusually severe weather,” which has been described as “adverse weather which at the time of year in which it occurred is unusual for the place in which it occurred” (Allied Contractors, Inc., I.B.C.A. No. 265, 1962 B.C.A. ¶ 3501, 1962 WL 9712 (I.B.C.A. Sept. 26, 1962)). Some courts interpret an “act of God” as one that solely occurs from natural forces, events, or causes (see, e.g., McWilliams v. Masterson, 112 S.W.3d 314, 320 (Tex. App. Amarillo 2003, pet. denied) (“[A]n event may be considered an act of God when it is occasioned exclusively by the violence of nature.”); Nat. Res. Def. Council v. Norton, 236 F. Supp. 3d 1198, 1220 n.9 (E.D. Cal. 2017) (quoting Black’s Law Dictionary 718 (9th ed. 2009); Cal. Civ. Code § 1511(2)). As a result, these courts might consider “acts of God” as those without any “human intervention,” and it may be argued that humans have been involved in the COVID-19 health crisis (Travelers Ins. Co. v. Williams, 378 S.W.2d 110, 113 (Tex. App.—Amarillo 1964, writ ref’d n.r.e.). However, in light of the unprecedented global health epidemic, some state courts have begun expanding the definition of what qualifies as a “natural disaster,” which is commonly inserted to in these types of provisions (see, e.g., JN Contemporary Art LLC v. Phillips Auctioneers LLC, No. 20-cv-4370, 2020 WL 7405262, at *7 (S.D.N.Y. Dec. 16, 2020)). A New York state court noted that “[a]lthough neither the New York Court of Appeals nor the Second Circuit Court of Appeals has yet addressed whether the COVID-19 pandemic should be classified as a natural disaster, the Second Circuit has identified ‘disease’ as an example of a natural disaster” eligible for force majeure protection in agreements that currently mention “natural disasters” as a potential clause triggering event (Badgley v. Varelas, 729 F.2d 894, 902 (2d Cir. 1984)). It will be interesting to see which other states follow suit as similar cases are decided. Finally, it is paramount that a client is aware of the listed remedies provided for by a contract’s force majeure provisions. This is because the clause can be drafted to permit the cancellation or termination of the entire contract upon the occurrence of a provision “triggering event.” Alternatively, the agreement might only provide for less severe relief, such as merely excusing the delay and tolling an existing agreement until the incident is resolved. Therefore, it is important in assisting a client in navigating an unforeseen disaster to not only include a force majeure provision in most every agreement but also to ensure that the language has widespread applicability as well as provides the correct relief.

    Doctrines of Impossibility, Impracticability, and Frustration of Purpose

    In the event that no drafted agreement exists between the parties or if a written document does not contain a force majeure clause at all and does not otherwise address these types of unforeseeable events, there might be other available avenues to protect a client’s interest in the event that a disaster strikes. For instance, some states recognize and enforce a variety of common law defenses, including impossibility, impracticability, and/or frustration of purpose. These doctrines are intended to be applicable when some unforeseen and unexpected event has made the fulfillment of an obligation impossible or impracticable (see, e.g., FP Stores v. Tramontina US, Inc., 513 S.W.3d 684, 693 (Tex. App.—‎Houston [1st Dist.] 2016, pet. denied); City of Vernon v. City of Los Angeles, 45 Cal. 2d 710, 720 (1955) (“A thing is impossible in legal contemplation when it is not practicable; and a thing is impracticable when it can only be done at an excessive and unreasonable cost”)). The doctrine of impossibility may excuse a party’s performance when the destruction of the subject matter of the contract or the means of performance makes the performance objectively impossible. Moreover, the “impossibility” must be produced by an unanticipated event that could not have been foreseen or guarded or otherwise protected against in the contract (see, e.g., 407 E. 61st Garage v. Savoy Fifth Ave. Corp., 23 N.Y.2d 275 (N.Y. 1968)). In addition, some states, such as California, have separately codified a contractual defense of impossibility that excuses performance when it is prevented or delayed “by an irresistible, superhuman cause” (Cal. Civ. Code Section 1511(2)). Similarly, the doctrine of frustration of purpose might be applicable; it does not require the impossibility of performance under a contract but rather may terminate a contract that no longer provides the benefits that the parties bargained for because of intervening unforeseeable events, and the now-frustrated purpose was the primary reason for entering into such contract (see, e.g., U.S. v. Gen. Douglas MacArthur Senior Vill., 508 F.2d 377, 381 (2d Cir.1974)). It is clear that a disaster—whether it is a hurricane or tornado or a global health pandemic causing businesses to be mandated by the government to close or operate at limited or otherwise restricted capacity—are impossible and impractical to reasonably foresee at the time of contracting; in some cases, these events may frustrate the entire purpose of an agreement.

    Indemnification, Waivers, and Dispute Resolution

    In addition to the potential contractual provisions as well as some common law protections mentioned above, it is common for the parties to include language that indemnifies or holds the other party harmless against a potential loss or verbiage that solely indemnifies the individual who is taking the risk by organizing the event for another. In this case, there should be written policies and procedures in place prior to the occasion, specifically in production and live event scenarios. Additionally, the talent, attendees, and others should be encouraged to sign waivers of liability and/or give disclosures of symptoms related to COVID-19 as well as following any other state-issued laws or orders. Written policies related to live events should also discuss testing requirements for all attendees. Finally, dispute resolution procedures, such as arbitration or mediation, could be included in a provision in the agreement to help the parties alleviate problems by means short of litigation. Overall, the potential losses and uncertainty of today’s current business landscape can potentially be mitigated through cooperative efforts between the parties as well as with proper written contracts with appropriate clauses addressing the procedures for a potential unforeseen disaster standing in the way of a performance. This article is not intended as legal advice, as an attorney specializing in the field should be consulted. Please review the article originally posted on the ABA website here (sorry, for ABA members only). This article was originally published in GPSOLO, Volume 39, Number 2, March/April 2022, (c) 2022 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder  
  • Jacobson’s esports business and legal textbook “The Essential Guide to the Business & Law of Esports & Professional Video Gaming” has been awarded both the STEM.org Authenticated and STEM.org Reviewed trustmarks

    04-05-22 – Jacobson’s esports business and legal textbook “The Essential Guide to the Business & Law of Esports & Professional Video Gaming” has been awarded both the STEM.org Authenticated and STEM.org Reviewed trustmarks

    (New York, NY) – Justin M. Jacobson’s esports business and legal textbook, “The Essential Guide to the Business & Law of Esports & Professional Video Gaming” has been awarded both the STEM.org Authenticated and STEM.org Reviewed trustmarks. For further information, the STEM.org Authenticated trustmark streamlines consumer’s ability to identify goods that conform to the organization’s vetted standards, thus assisting with quick decision-making in favor of quality. The STEM.org Reviewed trustmark streamlines consumer’s ability to identify the content and multimedia that conform to the organization’s vetted standards, thus assisting with quick decision-making in favor of quality. STEM.org Educational Research (SER) is the longest continually-operating, privately held STEM education research and credentialing organization in America. STEM.org works closely with pedagogical researchers, an international coalition of educators, administrators, NGO’s, and schools to establish a trusted set of STEM benchmarks. The resources and proven best-practices of this initiative have led to the world’s original and most recognized, blockchain-secured algorithmic STEM credentialing framework: STEM.org Accredited™ for Programs, STEM.org Certified™ for People, and STEM.org Authenticated™ for Products.

  • The #EsportsBizShow – Esports Sponsorships – Justin Stefanovic (Misfits Gaming Group)

    On April 4, 2022, the #EsportsBizShow aired on Preediction on Esports Sponsorships and Partnerships with Justin Stefanovic of Misfits Gaming Group. In this episode, Justin spoke about his work in the esports space and gaming space, including his initial work as at an advertising agency. He continues by exploring his current sponsorship and partnership work on behalf of the Misfits Gaming Group,  including past and current sponsorships for Misfits Gaming, Florida Mutineers and Florida Mayhem esports teams.

    Check the full interview here and below. https://open.spotify.com/episode/3Q47VrBvGWkCi98p2d7GUK?si=QXzq-p_JTG6nZbTuXJ9AgA
  • 03-31-22 – Jacobson Acts As A Panelist For “The Fashion Industry’s Impact on Gaming” Panel As Part Of Ritual Motion’s Fashion in Gaming Virtual Summit

    03-31-22 – Jacobson Acts As A Panelist For “The Fashion Industry’s Impact on Gaming” Panel As Part Of Ritual Motion’s Fashion in Gaming Virtual Summit

    (New York, NY) – Justin M. Jacobson recently provided insight on “The Fashion Industry’s Impact on Gaming” panel as part of Ritual Motion’s Fashion in Gaming Virtual Summit. This panel explored the intersection between the fashion industry and esports and video gaming. It looked at the growth of crossover between fashion and gaming, including the emergence on new luxury brands activating in the space with professional gamers, streamers, esports organizations and teams, game publishers and developers, and event organizers, including brands such as Gucci, Ralph Lauren, and Balenciaga. The conversation continued by discussing the growth and future of digital fashion, including Louis Vuitton working with Riot Games for League of Legends in-game items and physical merchandise, Burberry creating custom in-game skins for Honor of Kings as well as brands such as Valentino and Marc Jacobs producing digital items for Animal Crossing. Finally, Justin spoke on impact will blockchain authentication have on emerging digital fashion as well as the fashion paradigms that exist due the emergence of the “metaverse.”

  • The #EsportsBizShow – Youth Esports – Bubba Gaeddert (Varsity Esports Foundation)

    On March 28 2022, the #EsportsBizShow aired on Preediction on Youth Esports with Bubba Gaeddert of the Varsity Esports Foundation. In this episode, Bubba spoke about his work in the sports space before transitioning into the esports and gaming space. He continues by exploring his current work with the Varsity Esports Foundation, including how the foundation is working with high school esports programs to provide technology and educational information on the benefits of esports and gaming to students.

    Check the full interview here and below. https://open.spotify.com/episode/3YdCZp62lcnmh9N2gd30rv?si=T9QaXD7NQeaoA0gBd1gv4g
  • Some Information On U.S. Trademark Litigation

    Some Information On U.S. Trademark Litigation

    By Justin M. Jacobson, Esq. and Jeffrey E. Jacobson, Esq.

    In cases where someone believes that their exclusive ownership rights in a validly registered trademark are violated by another, this individual or company has a variety of options, including potentially instituting a claim or lawsuit against them and engage in trademark litigation. In these situations, the trademark registrant might proceed against the infringer in a variety of ways, including sending appropriate notice letters or even filing documentation to initiate a formal legal proceeding in a number of potential forums. Generally, when a trademark owner first believes that their rights in a particular mark are violated, it is prudent to send a formal letter to the infringer commonly referred to as a “cease and desist” (C&D) letter. This letter directs the other party to cease from any further infringement of the mark and it might also demand other remuneration as well as contain other formal requests. The mailing of a C&D letter could be beneficial in subsequent trademark litigation as it provides the alleged infringing party with notice of their potential violation of the owner’s rights in a mark. In fact, this correspondence could later be introduced during a formal legal proceeding as evidence of notice of a violation. In some instances, if a party receives a formal notice and disregards it by continuing with their infringing practices, it might enable the mark owner to proceed against the other party on a “willful” infringement basis in addition to any other appropriate legal causes of actions. After a C&D letter is sent to an infringing party, the initiating party has a few unique options as to how to proceed and prosecute a claim. For instance, if a pending trademark application infringes or otherwise damages an existing party’s trademark registration, the damaged party can file an Opposition Proceeding with the Trademark Trial and Appeals Board (T.T.A.B.) to oppose the pending application on the basis that the application infringes or otherwise damages the owner’s trademark. Alternatively, in situations where an existing registered trademark violates another’s rights, a party can initiate a Cancellation Proceeding with the T.T.A.B. in an attempt to cancel an existing infringing registered mark. Additionally, a damaged party might turn to other means, including exploring obtaining an injunction or other court ordered relief to prevent an existing infringement. In lieu of the above options, a damaged party could also initiate a formal lawsuit in a state or federal court or even with the U.S. International Trade Commission. This is because an owner’s trademark rights are acquired through “common” law as well as achieved through state enacted legislation, which can be obtained through a formal state trademark registration process. Alternatively, a registrant can utilize the federal courts to prosecute a party that violates federal trademark laws, such as the Lanham Act. As previously explored, there exists a selection of different causes of action that might provide a party with a basis to initiate a trademark infringement lawsuit. In order to commence a legal action, the damaged party, known as the plaintiff, must file a formal document known as a “complaint” with the relevant arbitrating body such as a state or federal court or with the T.T.A.B. The required content in a specific complaint varies based on the particular legal cause of action and relief sought. Some of the relevant causes of action might include a party infringing another based on a “likelihood of confusion” between a party’s trademark and another’s mark. This type of matter is generally resolved through analysis of the “Polaroid factors,” including examining whether there is any evidence of “actual consumer confusion” as well as focusing on the “sophistication” of the prospective consumers. In addition or in lieu of this cause of action, there might be a claim by a damaged party for “tarnishment” of an existing mark as well as potentially a claim for “dilution” of a famous mark by another’s unauthorized or otherwise damaging use. Ultimately, the arbiter, whether a state or federal court or the T.T.A.B., determines whether another’s usage violates the other party’s trademark rights in a name. If a party is found to have violated any or all of the owner’s trademark rights, then the party who brought the valid claim might be entitled to recover their actual damages suffered as a result of the infringement. This recovery could be in addition to them potentially recovering their attorney’s fees, which are the amounts spent by the party pursuing the claim; and, in rare cases, they might also be entitled to statutory proscribed amounts called “statutory” damages for willful instances of infringement. While each individual situation is different, it is important that a trademark owner is aware of their duty to police any infringements, which might include taking appropriate steps such as sending “cease and desist” letters and potentially filing an appropriate state or federal lawsuit or a T.T.A.B. proceeding. Since every occurrence is different, it is crucial that a competent attorney is consulted to ensure that all the proper avenues are taken and that all the potential available remedies for the damaged party are explored. This article is not intended as legal advice, as an attorney specializing in the field should be consulted. © 2022 The Jacobson Firm, P.C
  • The #EsportsBizShow – Professional Esports Organizations – Todd Harris (Ghost Gaming & Skillshot Media)

    On March 21 2022, the #EsportsBizShow aired on Preediction on Professional Esports Organizations with the CEO of Skillshot Media and Co-Owner of Ghost Gaming, Todd Harris. In this episode, Todd talked about his work in the esports and gaming space, including discussing the early days of founding game developer and publisher, Hi-Rez Studios and its later growth and success with its release, SMITE. He continues by exploring his current work with Skillshot Media and his job as the co-owner and part of the ownership group that purchased esports organization, Ghost Gaming.

    Check the full interview here and below. https://open.spotify.com/episode/4jz7OcR23Y2rLeLaDqxpx9?si=YbkyHo5DQB6fclPFZV45Tw
  • 03-15-22 – JACOBSON GUEST LECTURES FOR SHAWNEE STATE UNIVERSITY’S SPECIAL TOPICS IN GAME DEVELOPMENT CLASS

    03-15-2022 – JACOBSON GUEST LECTURES FOR SHAWNEE STATE UNIVERSITY’S SPECIAL TOPICS IN GAME DEVELOPMENT CLASS

    (New York, NY) – Justin M. Jacobson was a guest lecturer for the Special Topics in Game Development class at Shawnee State University. While speaking to the class, Justin explored a variety of legal considerations for video and software game developers. He highlighted the proper usage of business entities by game developers as well as addressed a few intellectual property protections available for game publishers and developers such as trademarks and copyrights. In addition, he provided some insight on legal matters related to game publisher/game developer licensing agreement, “user generated content,” and licenses with third-party IP owners to include existing IP in a game.

  • The #EsportsBizShow – John Davidson (Davidson Learning Company)
    On March 15, 2022, the #EsportsBizShow aired on Preediction with John Davidson of the Davidson Learning Company and Chair of the Esports Trade Association. In this episode, John discussed his work in the esports and gaming space, including his work with Gamestop and how he expanded to work with various other brands in the esports and video game space. He continues by exploring his current work with Davidson Learning Company as a brand consultant, including hosting the DLC Drop podcast as well as his work with the Esports Trade Association. Check the full interview here and below. https://open.spotify.com/episode/5k91ttt7OBs1vOb7dEscPn?si=w7nip4omTWOlH8IyRCJlSQ
  • Some Intellectual Property Law Considerations for Video Game Developers and Publishers

    Some Intellectual Property Law Considerations for Video Game Developers and Publishers

    By Justin M. Jacobson, Esq.

    Proper protection of intellectual property by game publishers and game developers is of utmost importance. Usage of these protocols are especially critical as international major and independent or “indie” developers and publishers continue to grow their businesses via traditional business models (i.e., digital and physical copy sales), through the “Free-to-play” (F2P) and freemium models, as well as with the emergence of “Play-to-earn” (P2E) game titles and the creation and expansion of digital “metaverses” and associated non-fungible tokens (NFTs). As a result, a video game creator should be aware of and properly protect all of their intellectual property assets, including any relevant trademarks and copyrights.

    Trademark Law Protections for Game Developers and Publishers

    A major intellectual property protection that exists is trademark law. A trademark registration protects a word, logo,  slogan, color, sound,  catchphrase, product design, a hashtag, or any combination of these used to differentiate the goods or services that one company provides from those of another. As a result, most major AAA publishers as well as many indie game developers utilize trademark law to protect their intellectual property. In fact, trademark protection can be acquired by a company on a state, federal and/or on an international level. Consequently, it is paramount that a video game or software developer ensures that they are protected in the various jurisdictions that they market, license, distribute and sell their games. While there are many benefits in obtaining a trademark registration, one of these is that it prevents another party from using the same or a confusing similar mark for the identical or similar goods or services. Similarly, a trademark registration in a name is also a valuable commodity that can be licensed or sold to a third party. The existence of a registered mark also provides the owner with the ability to stop counterfeit or “grey market” goods with the owner’s mark from entering the United States by coordinating with the U.S. Customs and Border department. Finally, another useful benefit of a trademark registration is that it can be used offensively to file infringement claims with various social media platforms to retrieve or to block potentially infringing accounts, including with Facebook, Twitter, and Instagram as well as it may be used during a website domain dispute through ICANN. While a game development or publishing company has many different trademarks to choose from, some common ones include filing for trademark protection in their game publisher or developer company name as well as in their company logo. For instance, companies such as “Riot Games” (U.S. Reg. No.  4,109,440), “Activision” (U.S. Reg. No. 1,207,377), “Nintendo” (U.S. Reg. No. 1,689,015), “Epic Games” (U.S. Reg. No. 5,712,420), and “Supercell” (U.S. Reg. No. 4,929,916), among many others, have all obtained registered trademarks in their company names as well as, in some cases, their logo. In fact, some of these companies have obtained protection in the United States as well as in other countries. A game creator could also register an individual game title or a gaming console name with their associated game or console logos. In fact, some console names are currently protected by their owners such as “Nintendo 64” (U.S. Reg. No. 2,372,472), “Playstation” (U.S. Reg. No. 2,259,732), “Xbox” (U.S. Reg. No. 2,698,179) and its successor console, “Xbox One” (U.S. Reg. No. 4,557,248). Additionally, some of these companies have also received protection for their gaming console names in the United States as well as internationally. There are also many videogame titles and associated logos that have been protected via trademark law, such as “Valorant” (U.S. Reg. No. 6,286,126), “League of Legends” (U.S. Reg. No. 3,756,125), “The Legend of Zelda Breath Of The Wild” (U.S. Reg. No. 5,277,680), “Clash of Clans” (U.S. Reg. No. 4,643,127), and “Starcraft” (U.S. Reg. No. 2,881,608). Furthermore, subsequent game titles in a specific series may also be eligible for trademark protection. For example, a game publisher has obtained protection in the original game title, “Pokémon” (U.S. Reg. No. 2,514,998) as well as for other sequel titles in the series such as “Pokémon Moon” (U.S. Reg. No. 5,214,916), “Pokémon Sun” (U.S. Reg. No. 5,214,914) and “Pokémon Go” (U.S. Reg. No. 5,646,122) in a variety of different classes and for many unique products. Similarly, the developer for first-person shooter (FPS) title, “Call of Duty” (U.S. Reg. No. 4,035,859) has obtained protection in its original title and in subsequent game names including for “Call of Duty Ghosts” (U.S. Reg. No. 4,766,061) and for “Call of Duty Black Ops” (U.S. Reg. No. 4,029,838). Finally, in addition to a software development company’s protection of their company name and logo, a game title or video game console, equipment or peripheral name and logo; these companies may also obtain protection in any “in-game” character names. In fact, many iconic game character names are protected under trademark law, including “Super Mario” (U.S. Reg. No. 6,082,304) “Pikachu” (U.S. Reg. No. 2,646,008) and “Sonic The Hedgehog” (U.S. Reg. No. 3,009,472). These entities might also protect any public marketing slogans and any identifiable “catchphrases” associated with their game, with their company, or with a specific in-game character. These companies could also obtain trademark protection for any hashtags used by them in any public marketing and publicity campaigns related to the promotion of a game or of the developer. While these are just a few common trademarkable assets owned by a game developer or publisher, it is important that a company is aware of what might be protected and how to best safeguard their tradenames in the global video game market. These considerations are particularly important if these entities began creating their own digital metaverses or “virtual worlds” as well as if they are incorporating and offering their own protected and transferable in-game items and assets, such as in the form of NFTs.

    Copyright Law Protections for Game Developers and Publishers

    In addition to proper trademark protection for a game developer or publisher, there are existing copyright law protections that these companies might also incorporate to best protect themselves. Similar to the music industry, copyrights for a video game and computer software are a complex matter. This is because there are two separate copyrights in a video or computer game. Specifically, there is a copyrightable work in the underlying software code as a “literary” work as well as a distinct copyright in the artwork, animations, imagery, and sound as an “audiovisual” work. In fact, since a game contains and combines multiple protectable art forms (i.e., music and video) integrated and working with a computer program code that manages some or all of the audiovisual elements of the game; each component of the game is potentially protectable through copyright law. As a result, a game developer or publisher can obtain copyright protection in America and other countries in their actual finished game. A copyright might also apply to any “video” or “visual” elements utilized in the game, including any photographic images, specific in-game character design, any digitally captured moving images and animations, written text, the specific gameplay storylines, the “imagined” environments as well as geographic locations created within the game, the actual game “box” or cartridge design, in addition to the actual computer code. This might include copyright protection in both the game’s source code as well as in its object code. Furthermore, protection might be appropriate for any original music and other audio elements incorporated into the game, such as any character voices and gameplay sound effects. (Justin M. Jacobson, Esq., The Essential Guide to the Business & Law of Esports & Professional Video Gaming, 58 (CRC Press 2021). While there may be other protectible assets owned by game developers and publishers, the above is intended to highlight a few common ones used by many of the industry’s top video game creation and publishing companies. Overall, as gaming companies continue to develop original intellectual property and expand their companies, consoles, and game titles globally; the need to properly protect these assets become even more crucial to a company’s commercial success and long-term viability and profitability. This article is not intended as legal advice, as an attorney specializing in the field should be consulted. © 2022 The Jacobson Firm, P.C
  • Coalition of Parents in Esports (COPE) Announces Addition of Justin M. Jacobson, Esq. to its Industry Advisory Board
    03-09-22 – Coalition of Parents in Esports (COPE) Announces Addition of Justin M. Jacobson, Esq. to its Industry Advisory Board (New York, NY) – The Coalition of Parents in Esports (COPE) has announced that Justin M. Jacobson, Esq. has joined its Industry Advisory Board as its President in addition to acting as the organization’s legal counsel. Coalition of Parents in Esports (COPE)  is a 501c3 nonprofit founded in 2020 by parents of professional esports players and gaming influencers to combat the outdated negative stigma of gaming. Having seen the positive effects of online gaming and streaming at building the confidence, community, and careers of their own children, the organization wanted more parents and legal guardians to understand that gaming could be an excellent use of interactive screen time. With positive parent involvement like any extracurricular activity, gaming can entertain, inspire, and build transferable business skills applicable to their modern connected world. COPE provides resources and scholarships to help them get there and Justin is proud to join this wonderful charity. He sums it up by stating “As a new parent, an industry professional and academic in the esports and professional gaming world, I’m happy to join COPE.” Check the full announcement here.
  • Some Additional Legal Protections for Small Business Owners

    Some Additional Legal Protections for Small Business Owners

    By Justin M. Jacobson, Esq.

    Building off the initial piece, this article explores some additional available legal protections that small business owners might consider when starting or operating an existing company. While this is not an exhaustive list, it is meant to explore a few other relevant legal protocols that might assist a company in legally operating their business both effectively and efficiently. In addition to trademark and copyright protection for a company’s intellectual property assets, such as their company or product name or logo; similar protection might also be available for any trade secrets owned or established by the business, including any confidential information or any other private assets that they develop or create. In these situations, it is important to ensure that a company has written agreements in place with any third parties who contributes any work to their business as well as those who receive, review, or otherwise accesses or has access to any confidential trade documents and other related company “trade secrets.” For example, in order to obtain protection for this type of classified information, a business owner could ensure that written and executed non-disclosure agreements (referred to as “NDAs”) are in place with any individual or corporation that receives or is provided with access to the company’s confidential information. Additionally, a small business might further protect its materials by requiring any employee or third-party that contributes or has access to this information must sign an agreement that includes provision addressing confidentiality and non-disclosure obligations as they relate to the company’s confidential materials. These clauses would typically aim to prohibit the receiving party, the employee or independent contractor, from sharing any confidential trade secrets or information they receive as a result of their employment with any other third party as well as prevents the individual from using this protected information for their own benefit or purpose. Furthermore, in some cases, copyright protection might also potentially be available for the specific confidential content if it is eligible for such protection. This might include registering a copyright for a confidential written presentation or some other protected visual image, diagram or any existing confidential business model or analytics software developed by the company and that is not publicly available. In all of these cases, it is also paramount to ensure that any and all “confidential” and sensitive information is labelled as such, including affixing wording such as “confidential” or “trade secret” prominently on these materials including on any the documents, diagrams, or data. Additionally, when operating a business, there might also be some employment and labor law considerations to be aware of, including visa and immigration matters. For example, if an American-based company is hiring an employee who is a non-U.S. citizen, the company might be required to apply for and obtain a visa or other work permit or authorization to properly employ as well as pay this individual. The lack of an appropriate work permit can subject the company to substantial penalties, including potential liability for violation of status. In these cases, an eligible party must first prepare and file the appropriate visa application with the correct governmental entity to obtain the work permit. In the U.S., the organization responsible for these procedures is the U.S.C.I.S. Since the contents of each visa application differs based on which classification an individual is applying for, a small business owner should consult a specialist to ensure that they procure the appropriate visa type that provides the proper work authorization for a foreign worker. Next, once an application is submitted and the governing body approves the visa, the party must then finalize the documentation at their respective home country’s consulate or embassy. This means that the foreign individual must usually make an appointment with their local consulate’s office to finalize the work authorization procedure prior to entering the United States. Consequently, since the length of a visa differs greatly based on the anticipated time frame that the individual will be performing the paid services in the U.S., it is crucial that a business owner is aware of the time limitations and that they apply for the correct type of visa classification that correlates to the requisite time period. Since many of these processes are time consuming, certain countries, such as the U.S., have created “expedited” or other premium processing options that may be available to speed up the visa approval process and provides a decision within a set time. Furthermore, with the rise of social media and email marketing as a chief or primary marketing mechanism for most small business, it is important to understand some legal matters related to these actions as they apply to small businesses. For example, there exists the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003 referred to as the “Anti-Spam” law. This legislation created national standards for commercial e-mail communications and is regulated by the Federal Trade Commission (FTC). As a result, this Anti-Spam law governs mass emails sent to individuals. This legislation is applicable when a small business sends an email mailing to their existing customers as well as when the digital correspondence is sent to target potential customers. These rules aim to distinguish between “opt-in” and “opt-out” procedures, including informing the recipients on the procedure to “opt out of receiving future email” as well as “honor[ing the] opt-out requests promptly.” There are also other requirements such as mandating that messages include a “valid physical postal address” as well as including language indicating that the email is an “advertisement” without the use of “deceptive subject lines” or “misleading header information.” Finally, as we previously explored, it is essential to include a disclosure whenever a paid sponsored post is used by a business, especially when the post involves a third-party endorser. This requirement exists due to the public nature of the statement (the social media post) and the existence of a business relationship (whether in kind or paid) between the parties. Coincidentally, similar to email business communications, all paid social media posts, testimonials and endorsements all fall under the regulatory authority of the FTC. In these cases, an explicit disclosure is required by the posting party, whether the disclosure is written, auditory or in both mediums. While there is no specific language requirement for an influencer’s disclosure statement, the FTC states that it must contain “simple and clear language.” The statement must also be made “in the same language as the endorsement itself.” For example, potential terms that may be utilized include “advertisement,” “ad,” “sponsored,” “ambassador,” “paid,” or “partner,” as well as incorporating disclosure hashtags such as “#ad,” “#partner,” or “#sponsored.” This disclosure recommendation applies to any recorded videos, such as those distributed on live platforms such as YouTube, during any live online streams such as those on Twitch as well as for all non-static social media posts, including Instagram Stories in addition to Snapchat posts. Overall, there are a variety of legal factors that small business owner should be aware of and consider prior to commencing business as well as when operating an on-going enterprise. As discussed, the above are just a few select issues that proprietors need to be aware of and must consider when operating a company. These are in addition to many others that have been explored in prior articles. For a further explanation, please contact an attorney specializing in the field. This article is not intended as legal advice, as an attorney specializing in the field should be consulted. © 2022 The Jacobson Firm, P.C
  • The #EsportsBizShow – Youth Esports – James O’Hagan (The Academy of Esports)
    On March 7, 2022, the #EsportsBizShow aired on Preediction on Youth Esports with James O'Hagan of The Academy of Esports and the  Director of Digital & Virtual Learning for Racine Unified School District in Wisconsin. In this episode, he discussed his work in the esports and gaming space, including his work in the youth, middle school and high school esports space. He continues by exploring his current work developing and organizing K-12 esports programs, including mentioning some of benefits a program can provide an academic institution as well as articulating some tips for starting an esports program at a school. Check the full interview here and below. https://open.spotify.com/episode/0k203EUadLh6uUeD6lO8w6?si=JCHC_Pm2Q2GO5HP036aDyw
  • Interview: Bleav in Sports Law with Jeremy Evans – Justin M. Jacobson
    On March 7, 2022, Bleave In Sports Law with Jeremy Evans of California Sports Lawyer aired an episode featuring Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview hosted by Jeremy Evans focused on Justin's previous esports and gaming legal and business industry experience, including his work on behalf of musicians, professional athletes, professional gamers, streamers and content creators. Justin spoke on his esports business law book as well as advice for legal protections for professional esports players, casters, coaches and other influencers and the merging of esports and sports business worlds. Check the full interview here and below. https://open.spotify.com/episode/2fLftyuQMOMHVc2EckvjnX?si=px8CBMhYTSWKFpNcR3Z-Ag
  • The #EsportsBizShow – Video Game and Esports Law – Veda Cruz, Esq. (Gearbox Software)
    On February 28, 2022, the #EsportsBizShow aired on Preediction on Esports and Video Game Law with Associate Counsel for Gearbox Software, Veda Cruz, Esq. In this episode, Veda discussed her work in the video game space, including her current work at game publisher and developer, Gearbox Software, who has developed and published many top game titles, including the Borderlands franchise. She continues by exploring the differences between legal matters for game publishers and game developers as well as touched on her PowerUp Books platform. Check the full interview here and below. https://open.spotify.com/episode/0jklSGYGyK33TFyikIekUb?si=bRHSRecNRsWeIVLxR22Y0A
  • The #EsportsBizShow – Esports Business – Christian Bishop (Twitch)
    On February 21, 2022, the #EsportsBizShow aired on Preediction on Esports Business with Director of Twitch Properties for Esports and Gaming, Christian Bishop. In this episode, Christian discussed his work in the esports and gaming space, including his prior work with esports organization, Method Gaming. He continues by exploring his current work as the Director of Esports and Gaming for Twitch Properties, including information on Twitch Rivals, Twitchcon and other gaming properties operated by Twitch. Check the full interview here and below. https://open.spotify.com/episode/5UDZ12eaTBzHIa9EzZPPk5?si=w2_z_SVASDet_cV0TirUdg
  • Interview: Esports Connected – The Legal Mistakes That Can Be Costly For Gamers with Justin M. Jacobson (Esports Trade Association)
    On February 18, 2022, Esports Connected hosted by Megan Van Patten and the Esports Trade Association aired an episode featuring Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin's previous esports and gaming legal and business industry experience, including his work on behalf of musicians, professional athletes, professional gamers, streamers and content creators. Justin spoke on his esports business law book as well as advice for legal protections for professional esports players, casters, coaches and other influencers. Check the full interview here and below. https://youtu.be/DC10eudiGAM
  • 02-15-22 – JUSTIN M. JACOBSON SPOKE AT A WEBINAR ON SOME COMMON LEGAL PROTECTIONS FOR SMALL BUSINESS OWNERS HOSTED BY THE SMALL BUSINESS UNIVERSITY ONLINE

    02-15-22 – JUSTIN M. JACOBSON SPOKE AT A WEBINAR ON SOME COMMON LEGAL PROTECTIONS FOR SMALL BUSINESS OWNERS HOSTED BY THE SMALL BUSINESS UNIVERSITY ONLINE

    (New York, NY) – Justin M. Jacobson recently spoke at a webinar on “Some Common Legal Protections for Small Business Owners” hosted by the Small Business University as part of Small Biz Expo 2022. This webinar explored various legal protections available for existing and prospective small business owners. This discussion included information about the use of business entities such as LLCs and corporations, intellectual property protection of a businesses’ assets utilizing trademark and copyright law, the protection of company’s “trade secrets,” the benefits of contracting with third parties as well as an exploration of some employment and immigration legal considerations.

  • The #EsportsBizShow – Esports Organizations – Jordan Zelniker (Isles GT/New York Islanders)
    On February 14, 2022, the #EsportsBizShow aired on Preediction on Professional Esports Organizations with Lead Esports Strategist for New York Islanders, Jordan Zelniker of Isles GT. In this episode, Jordan discussed his work in the esports and gaming space, including working with the eMLS team for D.C. United and with Caps Gaming (NHL esports) and the NBA 2K League franchise team, Wizards District Gaming, during back-to-back championships. He continues by exploring his current work in the hockey esports space on behalf of the New York Islanders, including assisting with the scouting and the launch of the Islanders' esports team, Isles GT. Check the full interview here and below. https://open.spotify.com/episode/1ztzNUI5FJqERRwRrRRrTg?si=h7eM49G1TlqR1rvMyiuRyQ
  • Some Intellectual Property Law Considerations When “Minting” An NFT

    Some Intellectual Property Law Considerations When “Minting” An NFT

    By Justin M. Jacobson, Esq.

    The current buzz in the entertainment, sports, gaming, fashion, and art worlds as well as in other lifestyle, business, and technology areas are the “metaverse” and “non-fungible tokens” known as “NFTs.” However, it is crucial that an individual or company attempting to launch or “mint” their own NFT or any associated blockchain collection or token is aware of all the relevant legal considerations related to this business transaction. While there are many pertinent ones, including those focused on securities law, tax and other financial regulatory matters, this article will solely explore a variety of relevant intellectual property protections and considerations. This includes examining the benefits of copyright law, trademark law, and the drafting of proper licensing terms related to the ownership and usage of the digital asset. This piece also explores potential ownership rights monitoring and enforcement efforts that a project owner or a NFT purchaser might undertake to protect their virtual asset.

    Intellectual Property Law and NFT Creation

    While the U.S. government and others around the world are still determining how to best regulate and to effectively tax various NFTs and other associated blockchain “assets,” such as cryptocurrencies and select NFT projects; another paramount legal consideration is the intellectual property rights in the associated digital art as well as matters related to the underlying ownership rights in the specific NFT or other digital blockchain linked asset. Consequently, when a party is creating their own NFT project, whether a single token or an entire multi-piece collection, it is crucial to ensure that the intellectual property related to the project is properly cleared, protected, structured, and the ownership rights are expressed in writing, in order that that a purchaser is fully aware of what they do and do not receive when purchasing a specific cryptotoken.

    NFT Contract Law - Drafting and Enforcing NFT Usage and License Terms and "Smart Contracts"

    As a result, a company launching an NFT must be aware that an NFT collection drop has two contracts at work, the "smart" contract and the "usages and license" term agreement. The "smart" contract is blockchain linked aspect that automates handles the transfer process, including documenting ownership and transfers of the NFT, distributing and calculating fess and royalties, and anything else the creator programs. In addition to this agreement, a separate contract addressing the use of an NFT is prudent. When crafting these documents, it is crucial to ensure that a valid and clear license exists so that all parties understand what rights are transferred and how the purchaser may or may not use the digital asset. This includes whether a buyer has received the underlying copyright in the work as well as whether they are permitted to undertake any commercial or non-commercial uses of it. A lack of clearly expressed rights and usage terms could lead to potential issues related to the NFT’s ownership which might impact its overall value. Additionally, since many existing third-party NFT marketplaces, including Opensea, do not provide a minting party with an opportunity to specify which rights are provided to a purchaser in a marketplace listing, it is imperative that both licensor (minter) and licensee (purchaser) know exactly what each party receives in a specific transaction. As a result, the project creator should clarify the exact usages for an NFT, including how wide or narrow the owner’s rights are. In this regard, certain NFT marketplaces and platforms, such as Open Sea, provide a minting party with the opportunity to insert a “third party link to the creator’s website [… and] such website may include [additional] Purchase Terms governing the use of the NFT” which the NFT purchaser “will be required to comply with.” (Section 5 – Third-party Content and Services) This provides the creating party with an opportunity to include additional ownership terms to ensure that both parties in the transaction understand what is acquired and how the buyer can or cannot utilize the NFT. Consequently, when drafting NFT license terms, a party might include provisions pertaining to the right of the buyer to publicly “display” the NFT, such as a public art piece in a gallery. It could also determine whether or not the purchaser is permitted to create copies or other “derivative works” of the digital asset and whether this can be done for commercial, non-commercial purposes (i.e., only for the owner’s personal use) or both. Terms of use could also address whether the buyer has the right to duplicate or otherwise create copies of the work such as by designing and selling merchandise containing the digital asset. Since the rightsholder owns the digital property, they can dictate the terms and usage of the NFT. As a result, a variety of NFT licensing and usage approaches exist with many variations available. For instance, some platforms prohibit any commercial use by a buyer of an NFT purchased on their platform, such as NBA Top Shot. (Section 4(iv)) In contrast, another approach to NFT ownership are those sales platforms that provide the minter with the ability to override a commercial prohibition if this information is “specified by the Seller of a Crypto Asset in writing,” such as is available on Makers Place. (Section 5(d)) Furthermore, some existing NFTs specifically grant the token purchaser with an “unlimited, worldwide license to use, copy, and display the purchased art for the purpose of creating derivative works based upon the art,” such as the Bored Apes Yacht Club (BAYC). (Ownership – Paragraph iii) As a result, various owners have established their own business ventures utilizing the digital artwork, including the creation of a record label as well as individuals selling their own apparel lines incorporating their NFT design. Finally, other NFT projects may place a set monetary limitation on a purchaser’s commercial usage of an NFT. For example, CryptoKitty places a “$100,000” limit on the amount that an owner of a “Purchased Kitty” can generate from sales related to the digital work. This usage structure gives additional utility and value to the asset owner and may be a way to balance both parties’ rights instead of prohibiting all commercialization of an NFT or providing unlimited commercialization of it. (Section 3(c)(ii)) In addition to confirming that the ownership and usage terms of an NFT are clear; a project’s IP owners must ensure that the party, whether the original owner or the purchaser, has the ability, duty and the contractual right to police and prevent any stolen, fake or “plagiarized” NFTs, including mandating this party to utilize any appropriate DMCA or other copyright infringement procedures to protect the rightsholders’ interest in the NFT. This means that a minter or a purchaser must monitor the active NFT marketplaces for any existing infringements; and, if any are identified, the party must take prompt enforcement action to prevent the unauthorized use. For instance, the individual could reach out directly through the marketplace platform or may utilize other similar takedown notice procedures or other appropriate steps, such as issuing cease and desist and other demand letters, where necessary. Another provision that is beneficial are those that address and provide indemnification to the minting party for any improper or illicit actions undertaken by the NFT owner. Similarly, a prospective NFT purchaser may desire similar indemnification language as well as some contractually obligation that the NFT creator to polices or provides the NFT holder with the right to pursue any infringements made by a third parties as well as to ensure that the purchaser have proper rights to the acquired digital collectible.

    Trademark of NFT Collection Name or Company Name for Metaverse Inclusion or NFT digital items

    Another beneficial legal protection for an NFT owner is the usage of trademark law. Similar to other public identifiers, such an artist or performer’s name, a gamer-tag or a band name, an NFT collection name as well as an existing company or a new brand name can receive trademark protection. This protection might apply to a particular project or collection’s name or logo as well as for a company’s name, logo, color, slogan, or hashtag in a variety of digitally focused business categories and goods. This includes potentially applying for protection for digital assets and NFTs, for downloadable virtual goods, or even for retail stores featuring specific virtual goods. In fact, this has become a new trend with both existing NFT projects as well as for established brands applying for trademark protection in the metaverse and in other digital token-related categories, including McDonald's.  Additionally, the retail store Saks applied for protection for its brand name “SAKS” in Class 009 for “digital media, namely, digital collectibles, digital tokens, non-fungible tokens (NFTs) and digital art.” (U.S. Serial No. 90/789,965). Similarly, sportswear company, Nike who had previously activated in the “metaverse” with games such as Roblox, has also applied for protection for its brand name. This includes the company submitting trademark applications to protect its name, “Nike” as well as for its “swoosh” logo (U.S. Serial Nos. 97/095,855 and 97/095,944)  in the metaverse.  The company has applied in several international classes, including Class 009 for “downloadable virtual goods, namely, computer programs featuring footwear, clothing, headwear, eyewear, bags, sports bags, backpacks, sports equipment, art, toys and accessories for use online and in online virtual worlds,” in Class 031 for “entertainment services, namely, providing on-line, non-downloadable virtual footwear, clothing, headwear, eyewear, bags, sports bags, backpacks, sports equipment, art, toys and accessories for use in virtual environments,” as well as in Class 035 for “retail store services featuring virtual goods, namely, footwear, clothing, headwear, eyewear, sports bags, backpacks, sports equipment, art, toys and accessories for use online; on-line retail store services featuring virtual merchandise, namely, footwear, clothing, headwear, eyewear, bags, sports bags, backpacks, sports equipment, art, toys and accessories.” The brand has gone even further by applying for trademark protection in other IP assets such as its marketing slogan, “Just Do It” (U.S. Serial No. 97/096,236) as well as for another one of its clothing brands, the “Jordan” brand (U.S. Serial No. 97/096,950) in similar classes. Additionally, a well-known NFT project, “Bored Ape Yacht Club”  has applied for protection in a variety of classes for its project name including in Class 016 for “digital collectibles; digital collectibles sold as non-fungible tokens,” in Class 035 to “maintain and record ownership of digital illustrations; maintain and record ownership of digital illustrations represented by non-fungible tokens; providing a website featuring an online marketplace for exchanging digital collectibles” and in Class 045 for “online social networking services provided through a members-only website; computer services, namely, creating an online community for registered users to access a collaborative graffiti board” (U.S. Serial No. 90/739,977). In addition, the same owners have applied for protection of its BAYC logo in several classes for various merchandise such as “jewelry,” “hats,” t-shirts,” “skateboards, and “plush toys.” (U.S. Serial No. 97/015,931) Similarly, another highly successful project, “Cryptopunks” has also applied for protection for various classes for its NFT collection name. (U.S. Serial No. 90587519) In addition to applying for protection in an NFT project or collection name, proper policing of an existing brand name and other protected IP is crucial for a new company starting in the space as well as for an existing venture expanding into the sale of digital assets and collectibles or other metaverse-related services or products. This means that individuals and businesses must monitor any existing NFT usage related to their company or product name for any potential infringing or other unauthorized use of a protected asset. In fact, there is an existing dispute related to the usage of a protected product name. Currently, the owners of “Birkin” are in an on-going dispute with the creators of the digital “Meta Birkin” NFT project related to the unauthorized usages of their protected trademark in “Birkin” (U.S. Reg. No. 2,991,927).

    Copyright Protection For NFT Designs And Collections

    Finally, as with any created work that is fixed in a tangible medium of expression, an NFT design or a series of avatars or digital artwork pieces may be eligible for copyright protection. Since an NFT design is fixed in a digital file (i.e., a JPEG file), such as a “profile picture” (PFPs) NFT, a single image or a set could be potentially submitted to the U.S. Copyright Office for copyright registration for the created art or for a series of images. There are many benefits that copyright registration affords the owner, including protecting against any infringing usage of the protected imagery and permitting the party to file a copyright infringement claim in U.S. federal court. Registration of a work can also be useful in policing any unauthorized usage or sales containing the image with social media platforms as well as permits the utilization of U.S. Customs and Border services to impound and stop any counterfeit goods that feature the protected design from entering the marketplace. Overall, as the NFT craze continues to build and as more companies and brands invest as well as build into the “metaverse;” legal protection and structuring will only become more important. Therefore, it is imperative that any party operating in the space understand and properly approach the space, including protecting themselves and their creative assets as well as clearly defining a purchaser’s rights in their acquired digital asset. This article is not intended as legal advice, as an attorney specializing in the field should be consulted. © 2022 The Jacobson Firm, P.C.
  • 02-09-22 – JACOBSON GUEST LECTURES FOR DREXEL UNIVERSITY’S BUSINESS OF ESPORTS CLASS

    02-09-22 – JACOBSON GUEST LECTURES FOR DREXEL UNIVERSITY’S BUSINESS OF ESPORTS CLASS

    (New York, NY) – Justin M. Jacobson was a guest lecturer for the Business of Esports class at Drexel University, which is part of their BSBA in Esports Business program. While speaking to the class, Justin explored his trajectory from law school to practicing entertainment and esports law as well as discussed, his esports legal and business industry experience. He spoke about his day-to-day role as an esports attorney working with professional esports players, streamers, content creators, casters, and other gaming personalities. He also highlighted some important contractual clauses that a professional gamer or other gaming talent must be aware of. Finally, he provided some insight on legal matters related to player rights as well as “name and likeness” considerations.

  • The #EsportsBizShow – Youth Esports – Nick “Obi-Wan Nickobi” Schiner (Coalition of Parents in Esports)
    On February 8, 2022, the #EsportsBizShow aired on Preediction on Youth Esports with Chief Learning Officer, Nick "Obi-Wan Nickobi" Schiner of Coalition of Parents In Esports (COPE) and Digital Promise. In this episode, Nick discussed his work in the esports and gaming space, including bringing technology and gaming into the classroom. He continues by exploring his current and future work with COPE, including working to dispel some myths related to esports and playing video games as well as his work at Digital Promise. Check the full interview here and below. https://open.spotify.com/episode/14cnzKRxBVimYpMvTVxR8g?si=d2HUF1L0QfOjy6jzTpt2oA
  • 02-02-22 – JACOBSON GUEST LECTURES FOR NORTHWOOD UNIVERSITY’S ESPORTS EVENT MANAGEMENT AND PRODUCTION CLASS

    02-02-22 – JACOBSON GUEST LECTURES FOR NORTHWOOD UNIVERSITY’S ESPORTS EVENT MANAGEMENT AND PRODUCTION CLASS

    (New York, NY) – Justin M. Jacobson was a guest lecturer for the Esports Event Management and Production class at Northwood University. While speaking to the class, Justin explored his past esports industry experience, including his day-to-day role as an esports attorney working with professional esports players and gamers, streamers, content creators, casters, coaches and other gaming talent. He also highlighted some important legal and business considerations a company or an individual should be aware of when operating and managing an esports event. In addition, he provided some insight on legal matters related to esports tournament and event licensing from game publishers and developers.

  • Episode 4 – “Ask An Esports Attorney” Presented by Ritual Motion
    On January 26, 2022, the fourth episode of "Ask An Esports Attorney" aired to a live digital audience. The segment was presented by Ritual Motion and hosted by esports attorney and Vice-President at The Jacobson Firm, Justin M. Jacobson, Esq. The fourth episode of program featured Mr. Jacobson fielding questions from the live audience, including exploring legal issues related to working with minors in the esports and gaming space. The viewers were permitted to submit questions in an "Ask Me Anything (AMA)" fashion which Justin fielded as he provided information on social media disclosures, player contractual restrictions as well as exploring trademark protection in "hashtags." Check the full episode here.
  • The #EsportsBizShow – Esports Casting – LifeWithPanda
    On February 1, 2022, the #EsportsBizShow aired on Preediction on Esports Casting with professional Fortnite caster, host and analyst, LifeWithPanda. In this episode, LifeWithPanda discussed his journey to becoming a professional Fortnite caster and analyst. He continued by exploring his previous work as a professional caster and analyst for various Fortnite events as well as spoke on his role as a co-host of The Fortnite Podcast. Check the full interview here and below. https://open.spotify.com/episode/1CuXTiThjVGgoC3GYFF1vb?si=9OAPauWxStmMy0Ud5Me7hg
  • The #EsportsBizShow – College Esports – Joey Gawrysiak (Shenandoah University)
    On January 24, 2022, the #EsportsBizShow aired on Preediction on College Esports with Joey Gawrysiak of Shenandoah University. In this episode, Joey discussed the esports academic program at Shenandoah University, including its various educational courses as well as their internship opportunities such as with professional esports organizations. He continued by exploring the type of education that is beneficial to a student as well as mentioned how the university recruits and determines its competitive esports players. Check the full interview here and below. https://open.spotify.com/episode/5pAaaJYGv56qyo09A4WOa8?si=cXm5myhMTS-xSq-PNo22cA
  • The #EsportsBizShow – International Esports Academics – Richard Withers (Kajaani University of Applied Sciences)
    On January 19, 2022, The #EsportsBizShow aired on Preediction on International Esports Academics with Richard Withers of Kajaani University of Applied Sciences. In this episode, Richard discussed his story and how he first got started in the esports and gaming world on the academic and scholastic side. He continues by exploring the esports business academic program at Kajaani University of Applied Sciences in Finland as well as explored the KAMK.gg esports student-run organization and the upcoming Esports University. Check the full interview here and below. https://open.spotify.com/episode/7oqDdprQ2OZHmHW4i0octe?si=74rVUX9sTQGYvYAaV_20zw
  • Episode 3 – “Ask An Esports Attorney” Presented by Ritual Motion
      On January 12, 2022, the third episode of "Ask An Esports Attorney" aired to a live digital audience. The segment was presented by Ritual Motion and hosted by esports attorney and Vice-President at The Jacobson Firm, Justin M. Jacobson, Esq. The third episode of program featured Mr. Jacobson fielding questions from the live audience, including ones focused on proper tax and business protections for professional gamers, content creators, streamers and esports teams. The viewers were permitted to submit questions in an "Ask Me Anything (AMA)" fashion which Justin fielded as he provided information on DMCA take-down procedures, especially in light of the recent wave of individual's streaming live television shows and movies without proper licensing. Check the full episode here.
  • The #EsportsBizShow – Esports Business – David Chen (NACL)
    On January 11, 2022, The #EsportsBizShow aired on Preediction with the President of North American Collegiate League (NACL), David Chen. In this episode, David discussed his story and how he first got started in the esports and gaming world as an investor in FaZe Clan. He continues by exploring the formation of North American Collegiate League (NACL), including their past work and some current recent events as well as some of their partners such as former NFL player Brian Urlacher and former NHL player Jeremy Roenick. Check the full interview here and below. https://open.spotify.com/episode/0GaiWmFRSkkKTLNuT5zSKT?si=RfJmaJFFQxCglt52qO4qDQ
  • Interview: The Sean Trace Show – #87 – Justin M. Jacobson, Esq.
    On January 4, 2022, The Sean Trace Show aired Episode 87 featuring Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin's previous music, sports esports and gaming legal and business industry experience, including his work on behalf of musicians, professional athletes, professional gamers, streamers and content creators. Justin spoke on his esports business law book as well as advice for legal protections for creative influencers and talent, including trademarks, copyrights and proper contract assistance. Check the full interview here and below. https://youtu.be/eqFoF_GQ5MI https://open.spotify.com/episode/5LCsDVFzjFKBPX4ZbVZMfa?si=BH8G9iDuTlqYOuoXWcSEPQ
  • The #EsportsBizShow – Women in Esports and Gaming – Rebecca Dixon (The Gamehers)
    On January 3, 2022, The #EsportsBizShow aired on Preediction on Women in Esports and Gaming with the CEO and Co-Founder of The Gamehers, Rebecca Dixon. In this episode, Rebecca discussed the formation of The Gamehers, including their past work and some current recent projects, including launching their App. She continued by discussing The Gamehers Awards as well as the organization's work in the collegiate and high school esports and gaming space. Check the full interview here and below. https://open.spotify.com/episode/0EEUiaVU13mOWeZMGurfi5?si=G7klBMYvTQaJzLldY5KXjg
  • Episode 2 – “Ask An Esports Attorney” Presented by Ritual Motion
    On December 15, 2021, the second episode of "Ask An Esports Attorney" aired to a live digital audience. The segment was presented by Ritual Motion and hosted by veteran esports attorney and Vice-President at The Jacobson Firm, Justin M. Jacobson, Esq. The second episode of program featured Mr. Jacobson fielding questions from the live audience, including ones focused on professional gamer contracts, intellectual property protections for professional gamers as well as an exploration into esports tournament and event licensing. The viewers were permitted to submit questions in an "Ask Me Anything (AMA)" fashion which Justin fielded and provided information on this as well as many other legal questions as the viewers . Check the full episode here.
  • The #EsportsBizShow – Music and Gaming – Brett Marks (Columbia Records)
    On December 15, 2021, The #EsportsBizShow aired on Preediction on Music and Gaming with the Director of Business Development and  Gaming and the Immersive Media Lead at Brett Marks of Columbia Records. In this episode, Brett discussed his background in music and live entertainment and how he transitioned to running the esports and gaming division of Columbia Records. Marks continued by exploring the various gaming and esports work that Columbia Records such a Lil Nas X concert in Robolex. Check the full interview here and below. https://open.spotify.com/episode/75EXvBEfaOGOULP7Z9N9MG?si=tW4XFbrpSbS-_2UoGNaolg
  • 12-02-21 – JACOBSON GUEST LECTURES FOR SEVERAL UNIVERSITIES ON ESPORTS BUSINESS AND LAW

    12-03-21 – JACOBSON GUEST LECTURES FOR SEVERAL UNIVERSITIES ON ESPORTS BUSINESS AND LAW

    (New York, NY) – Justin M. Jacobson was a guest lecturer at four different colleges over the past few months. This includes speaking at an esports marketing class at Seneca College in Canada. He also was a guest lecturer for esports students at Sacred Heart University in Connecticut where he discussed the esports business and law. He also explored the intersections of fashion, entertainment, and the gaming world. Justin then spoke at the La Salle University about his experience as an esports attorney. Most recently, Mr. Jacobson engaged with esports marketing and business students at Harrisburg University about esports law and the role an esports attorney plays in the esports business ecosystem. During all of these speaking engagements, he answered questions and discussed matters related to the esports business and law field, including on NFTs, digital collectibles and pitfalls that professional games may encounter.

  • Episode 1 – “Ask An Esports Attorney” Presented by Ritual Motion
    On December 1, 2021, the first episode of "Ask An Esports Attorney" aired to a live digital audience. The segment was presented by Ritual Motion and hosted by veteran esports attorney and Vice-President at The Jacobson Firm, Justin M. Jacobson, Esq. The first episode of program featured Mr. Jacobson fielding questions from the live audience, including ones focused on professional gamer contracts, intellectual property protections for NFTs and other digital assets. The viewers were permitted to submit questions in an "Ask Me Anything (AMA)" fashion which Justin fielded and provided information on this as well as many other legal questions as the viewers . Check the full episode here.
  • The #EsportsBizShow – Youth Esports – Chris Aviles (Garden State Esports)
    On November 15, 2021, The #EsportsBizShow aired on Preediction on Youth Esports with Chris Aviles of Garden State Esports. In this episode, Chris discussed his background in esports and how he developed the first middle school varsity esports program in New Jersey. Aviles continued by exploring the creation and development of Garden State Esports, including their current work and future plans for the space. Check the full interview here and below. https://open.spotify.com/episode/2adn9dc1NkIOH1ZYwvxDVq?si=UcGtJiEnRV6aynOwYi9Gww
  • Interview: The Power Level – How Can You Find an Agent in Esports?
    On November 12, 2021, The Power Level on Ritual Motion hosted by Crystal Mills, Rebecca Dixon of Gamehers and Alex Hutchi released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin's previous esports and gaming industry experience, including his work on behalf of professional gamers, streamers and content creators and looking at professional gamer contracts. as well as working with professional esports agent. Justin spoke on his esports business law book as well as provided some advice on finding an esports attorney, manager or agent and how to vet and otherwise determine the best fit for a gamer, streamer or content creator. Check the full interview here and below. https://open.spotify.com/episode/5GEHVOR9R6oDsqZ2dQp2TA?si=QwxUTAJrSf-3rDhm_ikWmA
  • Jacobson hosts “Professional Job In Esports” information session during SIEGE2021 hosted by Georgia Game Developers Association

    11-08-21 – Jacobson hosts “Professional Job In Esports” information session during SIEGE2021 hosted by Georgia Game Developers Association

    (New York, NY) – Justin M. Jacobson recently hosted an information session focused on “Professional Jobs in Esports” as part of the SIEGE2021, a conference hosted by the Georgia Game Developers Association. This webinar explored the various professional careers in the esports and competitive gaming world. This includes looking at the variety of jobs that exist as a professional gamer as well as in other esports businesses such as esports teams, event organizers and game developers. The session continued by describing many of the growing other professional occupations that are now servicing the esports world, including esports attorneys, accountants, financial advisors, and other career professionals who are now working in the esports and professional video game world.

    Enjoy the full information session below.

    https://youtu.be/e29aVsVBt78

  • The #EsportsBizShow – Fantasy Esports – Stu and Jack Porter (Clout Fantasy)
    On November 2, 2021, The #EsportsBizShow aired on Preediction on Fantasy Esports with Stu Porter and Jack Porter of Clout Fantasy. In this episode, each of them discussed their background in the industry. The Porter brothers continued by exploring the creation and development of Clout Fantasy, including its unique spot as a daily fantasy esports platform. Check the full interview here and below. https://open.spotify.com/episode/7utIF045rpS24PYmihZQhN
  • Trademark Law Update: The Trademark Modernization Act

    Trademark Law Update: The Trademark Modernization Act

    In March 2020, Congress passed the Trademark Modernization Act of 2020 (“Trademark Modernization Act”). Depending on which side you sit on, this was either a great step forward or backward for trademark owners. If nothing else, this tightens up the practice of registering and keeping registered trademarks; and, aims to prevent those who are merely claiming rights to goods or services which they are not actually providing which may prevent other rightful users from obtaining protection. As a result of the Trademark Modernization Act, the United States Patent and Trademark Office (U.S.P.T.O.), the government agency responsible for administering registered trademarks in the U.S., have instituted proposed rulemaking related to these changes. These suggested alterations include ex parte proceedings to cancel unused registered marks which could be a way to clear out some inappropriate registrations. Expungement proceedings are also proposed which would allow third parties to request the cancellation of some or all of the goods and/or services covered by an existing registration when the owner is not actually using the mark for the specified goods or services. Third parties may be able to request a re-examination proceeding under the proposed new procedures. That will subject an existing trademark holder to an inspection regarding their actual mark usage. This includes an expansion to permit interested parties to file Letters of Protests on additional grounds than previously existed, including for conflicting prior trademark uses as well as introducing evidence that a mark is not actually in use for the identified goods or services. Finally, under the proposed rules, “applicants (excluding Madrid Section 66(a) applicants) and registrants will be required to respond to office actions within three months.” That means that the response period to an Office Action Letter will be shortened from six months to three months which requires an owner to quickly respond to prevent the loss of their existing application or registration. These new procedures could go into effect before the end of the year. This reminds everyone to be careful of the claims made in trademark applications and to avoid fiction when dealing with the U.S.P.T.O. This is especially true when claiming a brand in goods or services that an owner is not actually using or intending to use as these could cause an existing application or registration to be cancelled or otherwise prevented. This article is not intended as legal advice, as an attorney specializing in the field should be consulted. (C) 2021 The Jacobson Firm, P.C.
  • Jacobson Acts As A Panelist For “They Aren’t Playing Games: The Growth, Challenges and Legal Issues in Esports” Panel As Part of PLI’s Sports Law Program

    10-06-21 – Jacobson Acts As A Panelist For “They Aren’t Playing Games: The Growth, Challenges and Legal Issues in Esports” Panel As Part of PLI’s Sports Law Program

    (New York, NY) – Justin M. Jacobson recently provided insight on “They Aren’t Playing Games: The Growth, Challenges and Legal Issues in eSports” panel as part of the Practising Law Institute’s (PLI) Sports Law 2021 program. In fact, Justin was joined by world-class esports and sports medical doctor, Dr. Melita Moore. This panel explored the various legal issues related to the esports world as well as explored information on advising professional gamers, streamers, and content creators. The panel discussed the growth of esports globally as well as examined a multitude of legal challenges that a professional esports athlete might encounter, including proper brand and trademark protection, visas and immigration, and player and sponsorship contract negotiation matters. It finished by exploring future of esports and gaming law, including the use of NFTs and other digital collectibles in esports and gaming space and touched on how esports will continue to grow at the collegiate, high school and recreation levels.

     

  • Interview: The DLC Drop – Understanding The Legal Side Of The Gaming Industry
    On October 6, 2021, The DLC Drop hosted by John Davidson released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin's previous esports and gaming industry experience, including his work on behalf of professional gamers, streamers and content creators and looking at professional gamer contracts. Justin spoke on his esports business law book as well as what makes the esports business unique from traditional entertainment fields such as music and sports. Check the full interview here and below. https://youtu.be/1UdrNASmwcw https://open.spotify.com/episode/021VMvbSlIIzUXqddqJy65?si=3XdtPgk9R-iTrdrSP_rpJw&dl_branch=1
  • JUSTIN M. JACOBSON NAMED SUPER LAWYER RISING STAR AGAIN
    10-05-2021 – JUSTIN M. JACOBSON NAMED SUPER LAWYER RISING STAR AGAIN (New York, NY) Justin M. Jacobson, Vice-President of The Jacobson Firm, P.C. has been selected for a sixth year in a row as a 2021 SuperLawyer Rising Star. Mr. Jacobson will be listed in the New York Times Magazine as well as on the “Super Lawyer” website under Intellectual Property. For over three decades, this publication has been regarded by both the profession and public as the most credible and definitive guide to legal excellence in the United States. Super Lawyers select attorneys using a patented multiphase process consisting of peer nominations and evaluations based on 12 indicators of peer recognition in addition to professional achievement to receive this award.
  • The #EsportsBizShow – Esports Organizations – Jordan Sherman (Immortals Gaming Club)
    On September 13, 2021, The #EsportsBizShow aired on Preediction on Esports Organizations with President of Immortals Gaming Club, Jordan Sherman. In this episode,he discussed his path from traditional sports at the L.A. Clipper and MLB to Gen. G Esports and eventually to becoming President of Immortals Gaming Club (IGC). Jordan continues by exploring Immortals' future development plans as well as their new "at cost" merchandise and their expansion into competitive mobile4 esports with Wild Rift. Check the full interview here and below. https://open.spotify.com/episode/08XI5NucbZfwIpHERsFk5N?si=QOuOB8xoSRS9GbaL5ppNXg&dl_branch=1
  • Interview: Esports Heaven – Justin M. Jacobson on future of esports business & mgmt
    On August 17, 2021, Esports Heaven released an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin's previous esports and gaming industry experience, including his work on behalf of professional gamers, streamers and content creators and how the esports business has changed and become more professionalized. Justin spoke on his esports business law book as well as what makes the esports business unique from traditional entertainment fields such as music and sports. Check the full interview here.  
  • Interview: The Market Madness Podcast – The Business of E-sports with Justin Jacobson
    On August 16, 2021, The Market Madness Podcast presented by WOLF Financial and hosted by Gav Blaxberg aired an interview with Justin M. Jacobson, Esq., Vice-President at The Jacobson Firm, P.C. The interview focused on Justin's previous esports and gaming industry experience, including his work on behalf of professional gamers, streamers and content creators and how the esports business has changed and become more professionalized. Gav and Justin speak on his esports business law book as well as the development of collegiate esports business classes and curriculum and how education is evolving in esports. Check the full interview here or below. https://open.spotify.com/episode/1h1rqSy1mrMzm4y8uPx42k?si=C-bfxx4pQFSW31MUBayZUQ&dl_branch=1  
  • JEFFREY E. JACOBSON: 32 YEARS OF “AV PREEMINENT ®” PEER REVIEW RATING FROM MARTINDALE-HUBBELL
    08-09-21 - JEFFREY E. JACOBSON: 32 YEARS OF “AV PREEMINENT ®” PEER REVIEW RATING FROM MARTINDALE-HUBBELL (New York, NY) - Jeffrey E. Jacobson recently celebrated 32 years of AV Preeminent ® rating from Martindale-Hubbell—the highest possible rating for attorneys. Since 1990, Jeffrey E. Jacobson has consistently received Martindale-Hubbell’s top rating for a period of 32 years. This prestigious honor is awarded based on the opinions of other accredited professionals in the legal community.. Martindale-Hubbell is the facilitator of a peer review rating process. These ratings reflect the anonymous opinions of members of the Bar and the Judiciary. Martindale-Hubbell Peer Review Ratings fall into two categories - legal ability and general ethical standards. "AV Preeminent ® Distinguished™” are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.
  • The #EsportsBizShow – Gaming Content Creators and Streamers – OfficialChiKa
    On August 9, 2021, The #EsportsBizShow aired on Preediction on Gaming Content Creators and Streamers with OfficialChiKa. In this episode, she discussed her growth and expansion in esports, streaming and gaming scene. OfficialChika continues by exploring her work in the space on behalf of Women in Games and how she approaches her day-to-day business affairs. Check the full interview here and below. https://open.spotify.com/episode/50ts2dkx4CMpWeKrGfVbxM?si=IkMP1Tk1TWyvAO03kmeWyg&dl_branch=1
  • JEFFREY E. JACOBSON NAMED SUPER LAWYER AGAIN IN 2021

    JEFFREY E. JACOBSON NAMED SUPER LAWYER AGAIN IN 2021

    (New York, NY) – Jeffrey E. Jacobson, President of The Jacobson Firm, P.C. has been selected for an eighth year in a row as a 2021 Super Lawyer. In this role, Mr. Jacobson will be listed in the New York Times Magazine as well as on the “Super Lawyer” website under Intellectual Property. Only 5% of the attorneys in the New York Metro area are selected to be listed with Super Lawyers. For over three decades, this publication has been regarded by both the profession and public as the most credible and definitive guide to legal excellence in the United States. Super Lawyers select attorneys using a patented multiphase process consisting of peer nominations and evaluations based on 12 indicators of peer recognition in addition to professional achievement to receive this award.

  • The #EsportsBizShow – Esports and Health and Wellness – Dr. Lindsey Migliore (GamerDoc)
    On August 2, 2021, The #EsportsBizShow aired on Preediction on Esports and Health and Wellness with Dr. Lindsey Migliore of GamerDoc. In this episode, Dr. Migliore discussed the growth and expansion of health and wellness in esports and gaming scene. GamerDoc continues by exploring her new book, "Handbook of Esports Medicine: Clinical Aspects of Competitive Video Gaming" and GamerDoc's work with professional esports organizations and teams on behalf of professional gamers and streamers. Check the full interview here and below. https://open.spotify.com/episode/28orECLDz8jUaRGq5pjexb
  • The #EsportsBizShow – Music & Esports and Gaming – Willie Breslau (Atlantic Records)
    On July 26, 2021, The #EsportsBizShow aired on Preediction on Music, Esports and Gaming with Strategic Partnerships and Gaming Strategy lead at Atlantic Records, Willie Breslau. In this episode, Mr. Breslau discussed how the growth and expansion of music in esports and gaming scene. Willie continues by exploring how Atlantic Records is proceeding in the space as well as an exploration of music licensing. Check the full interview here and below. https://open.spotify.com/episode/23WLP3x17LlGngb99bmGpL?si=OwEaZwgJRFCNX7VFu2OkNw&dl_branch=1
  • The #EsportsBizShow – Streaming & Esports Teams – Sidkitten (Chilly Mountain)
    On July 19, 2021, The #EsportsBizShow aired on Preediction on Streaming and Esports teams with streamer and VP of Esports at Chilly Mountain, Sidkitten. In this episode, Sidkitten discussed how she originally began streaming and creating original gaming content. She continues by exploring how she incorporates yoga and fitness into her gaming regime as well as about the esports organization, Chilly Mountain. Check the full interview here and below. https://open.spotify.com/episode/0t5XB1BEnwWBA2W2WHP84M?si=8asQxIL1S9SI7NRcNyzypQ&dl_branch=1
  • The #EsportsBizShow – NFTs and Crypto – Adrian Krion (Womplay)
    On July 12, 2021, The #EsportsBizShow aired on Preediction on NFTs and Crypto in Esports and Gaming with CEO of Spielworks, Adrian Krion. In this episode, Adrian discussed NFTs and the use of crypto-tokens in esports and gaming, including the Womplay platform. He continues exploring the future of NFTs and the use of blockchain technology in gaming. Check the full interview here and below. https://open.spotify.com/episode/1Y1982orzoZY5KnIzEIuLn?si=_4KxDKjwS-GH46nLElcDBw&dl_branch=1
  • The #EsportsBizShow – Nick Cuomo (Co-Founder & CEO of Allstar)
    On July 6, 2021, The #EsportsBizShow aired on Preediction on Co-Founder and CEO of Allstar, Nick Cuomo. In this episode, Nick discussed the formation and growth of Allstar, including receiving an investment from Mark Cuban. He then explained what makes the product unique and a great fit for upcoming streamers and content creators. Check the full interview here and below. https://open.spotify.com/episode/7v9kri7akHGT0q6SbSL8Em?si=TwuoTJa2RKiNR3hdxdtCvg&dl_branch=1
  • Quoted: “Ford Models to participate in Esports Fashion Week” On The Esports Observer
    On June 30, 2021, The Esports Observer quoted Justin M. Jacobson, Esq., Vice-President of The Jacobson Firm, P.C. and Manager of Ford Models' Esports and Gaming talent division as part of their article entitled "Ford Models to participate in Esports Fashion Week" In particular, Mr. Jacobson commented on the Ford Models' role in the Esports Fashion Week pilot being launched this month and potential future ways the division can work in the fashion space. Click here to check out the entire article.
  • JACOBSON FIRM ATTORNEYS JUSTIN M. JACOBSON, AND PABLO G. VELEZ SPOKE ON A PANEL ON IMMIGRATION, COPYRIGHT AND TRADEMARK LAW MATTERS FOR ESPORTS TEAMS, PROFESSIONAL GAMERS AND STREAMERS HOSTED BY RITUAL MOTION AND COPE

    06-30-21 – JACOBSON FIRM ATTORNEYS JUSTIN M. JACOBSON, AND PABLO G. VELEZ SPOKE ON A PANEL ON IMMIGRATION, COPYRIGHT AND TRADEMARK LAW MATTERS FOR ESPORTS TEAMS, PROFESSIONAL GAMERS AND STREAMERS HOSTED BY RITUAL MOTION AND COPE

    (New York, NY) – The Jacobson Firm’s lawyers Justin M. Jacobson and Pablo G. Velez recently spoke on a panel titled “Esports Business & Law Information Session: A Look at Visas, IP Law & Tax Matters for Professional Gamers, Streamers and Teams” hosted by Ritual Motion and Coalition for Parents in Esports (COPE). This webinar explored various visa and immigration law concepts related to the esports and professional gaming industry. This discussion included information about visas and immigration for professional gamers, coaches and esports organizations as well as examined some potential evidence that might be beneficial when preparing a visa application. The panel also looked at the benefits of copyright and trademark protection as well as explored how gamers, streamers, content creators and esports teams are currently utilizing trademarks for brand protection. This panel can still be seen here.

  • Quoted: “Ford Models joins Esports Fashion Week” On Esports Insider
    On June 29, 2021, Esports Insider quoted Justin M. Jacobson, Esq., Vice-President of The Jacobson Firm, P.C. and Manager of Ford Models' Esports and Gaming talent division as part of their article entitled "Ford Models joins Esports Fashion Week" In particular, Mr. Jacobson commented on the Ford Models' role in the Esports Fashion Week pilot being launched this month. Click here to check out the entire article.
  • The #EsportsBizShow – Esports Events – Charles O’ Donnell (CSL Esports)
    On June 28, 2021, The #EsportsBizShow aired on Preediction on Esports Events with Director of Business Development for Collegiate Star League (CSL) Esports, Charles O' Donnell. In this episode, Charles discussed Collegiate Star League's various collegiate esports tournaments and their educational offerings for colleges. He then explained some of the unique services that CSL Esports offers high schools and universities across the country including curriculum and facilities development. Check the full interview here and below. https://open.spotify.com/episode/034kDfLEEHpEIOWqasYUKq?si=dm83QynkT3GHAwQR2paylw&dl_branch=1
  • Quoted: “XSET Warzone Pro Fro Partners With Buffd for NFT” On The Esports Observer
    On June 18, 2021, The Esports Observer quoted Justin M. Jacobson, Esq., Vice-President of The Jacobson Firm, P.C. and Manager of Ford Models' Esports and Gaming talent division as part of their article entitled "XSET Warzone Pro Fro Partners With Buffd for NFT" In particular, Mr. Jacobson commented on the Ford Models' role in conceptualizing and launching the unique, limited edition NFT tied to a limited run merchandise item on BUFFD. Click here to check out the entire article.