Ohio Updates Receivership Statute

Earlier this year, changes to Ohio’s statute governing court-appointed receivers became effective. The Ohio legislature passed, and Gov. John Kasich signed, legislation updating and clarifying various aspects of the law, including the qualifications of a receiver, the authority of a receiver, and the procedure for the sale of property.

In general, a receiver acts on behalf of the court to protect endangered property or assets, often while an underlying legal action such as a foreclosure is pending. Under the statute, a receiver may be appointed by the court to do such things as collect rents, take possession of property, or enter into contracts. The statute permits a receiver to be appointed in several specific circumstances, such as when a corporation has been dissolved, to carry a judgment into effect, or in some foreclosure actions.

It is important to note, however, that even if a court may appoint a receiver it is not required to do so. The court must use its discretion to determine if such an appointment is necessary to protect a party’s rights, in particular to prevent a party from suffering irreparable harm.

A detailed analysis of these important statutory changes affecting property and business owners is available from Porter Wright.

Baseball Mascots and the Law

Attorney Christian Brill is speaking this week at the 27th Cooperstown Symposium on Baseball and American Culture at the National Baseball Hall of Fame and Museum in Cooperstown, New York.  The presentation, made with Prof. Howard W. Brill, is entitled “Baseball Mascots and the Law” and covers such areas of law as tort law, intellectual property law, and employment law.

Brill will discuss a variety of legal questions involving mascots, such as:

• Can a fan sue a team for injuries resulting from objects thrown by a mascot?
• Can a California or Ohio plaintiff sue if he was distracted by a mascot’s performance when he was injured by a foul ball?
• Is a mascot’s act involving a large purple dinosaur trademark infringement or parody?
• Do the actions of an “unofficial mascot” tarnish the protected trademarks of a baseball franchise?
• Can a mascot be fired for disparaging comments posted on social media?
• Does the arrest of protestors burning a mascot effigy violate free speech rights?

The Cooperstown Symposium on Baseball and American Culture, co-sponsored by SUNY Oneonta and the National Baseball Hall of Fame and Museum, examines the impact of baseball on American culture from interdisciplinary and multi-disciplinary perspectives.

March Madness (TM)

As they do every March, words like "Cinderella", "bracket", and "madness" have again begun to take on new meaning.  But, just like the phrase "Super Bowl", businesses should be wary of using the trademarked term "March Madness" or risk facing allegations of infringement.

The roots of March Madness go back to 1939, when an Illinois High School Association (IHSA) official named Henry Porter apparently coined the phrase to describe the state basketball tournament.

From the Chicago Tribune:

"A little March madness may complement and contribute to sanity and help keep society on an even keel," [Porter] wrote.

Three years later, he punctuated his point with a poem, "Basketball Ides of March," which included these lines: "The Madness of March is running. The winged feet fly, the ball sails high. And field goal hunters are gunning."

In 1982, announcers began to use March Madness to describe the National Collegiate Athletic Association's men's basketball tournament, and in 1996 the IHSA sued to protect its trademark rights in the phrase.

As a result of the litigation, the NCAA and the Illinois association reached an agreement to create an new entity - March Madness Athletic Association, LLC  - which now holds the trademark to "March Madness" and regularly takes action to enforce its mark.

The bottom line? In addition to determining how, if at all, employees should participate in the tournament, employers should be careful not to imply that they have any official connection to the NCAA contest.

Lights - Camera - Taxes!

You might be surprised to learn that both federal and state tax codes offer incentives to encourage film and television production. In fact, Section 181 of the Internal Revenue Code gives most film and television productions a tax deduction of up to $15 million of production costs ($20 million for productions in economically distressed areas). The deduction can be taken during the first year of production and applies only to productions commenced before the end of 2014. Despite Congress's recent action to extend the provision, it remains to be seen whether the tax incentive will apply to productions begun in 2015.

In addition to the federal deduction, many states offer a variety of incentives to encourage filmmakers to produce somewhere other than Hollywood. States believe these incentives attract award-winning films to their locations, such as “Mud” (Arkansas) or “The Curious Case of Benjamin Button (Louisiana). However, at least some evidence exists that state film incentives may be falling out of favor.

For the time being, however, Ohio filmmakers may be able to take advantage of the Ohio Motion Picture Tax Credit, a refundable, non-transferable tax credit of 25-35% off the amount of a production company's qualifying expenditures that are incurred in producing a film or other media entertainment project in Ohio. More information on the state incentive is available from the Ohio Film Office, along with a map of Ohio’s famous television and movie filming locations.

Facebook Users Can Now Designate Someone to Manage Account After Death

In response to growing calls from the public, Facebook has given users more control over their account after death. 

From the Associated Press:

Facebook is making it easier to plan for your online afterlife. 

The world's biggest online social network said Thursday that it will now let users pick someone who can manage their account after they die. Previously, the accounts were "memorialized" after death, or locked so that no one could log in. 

But Facebook says its users wanted more choice. Beginning in the U.S., Facebook users can now pick a "legacy contact" to post on their page after they die, respond to new friend requests and update their profile picture and cover photo. Users can also have their accounts deleted after their death, which was not possible before.

For more, read the Associated Press article, add a legacy contact to your Facebook page, or learn more about managing "digital assets" after death.