The NCAA rules have prevented student athletes from taking advantage of their success, including earning money and sponsorships from their careers. After many years of pushback, the NCAA is now under enough pressure to make changes to rules over college athletes’ name, image, and likeness rights.
Cultural heritage is described as the “legacy of physical artifacts and intangible attributes of a group or society that are inherited from past generations, maintained in the present and bestowed for the benefit of future generations.”[1] It is undeniable that the kimono is an integral part of Japanese culture and heritage, with its first use dating back to the 8th century. This T-shaped garment is not patented or trademarked by any person or company; rather, its rich cultural history and unique design belong to all people of Japan, past and present.
The Lanham Act provides for several bans on federal registration of a trademark, including marks that are misdescriptive, or those including a living person’s name without their consent. This prevents applicants from registering marks that may cause legal issues in the future, based on the trademark examiner’s review of the mark.
