Wake Forest Law Review

27Oct

Vans, Inc. v. MSCHF: Are Shoes Entitled to First Amendment Protection?

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By Luul Lampkins Earlier this year, Vans, Inc. (“Vans”) brought a trademark infringement lawsuit against MSCHF Product Studio Inc. (“MSCHF”) seeking a preliminary injunction related to its Wavy Baby sneakers.[1] In response, a federal judge ordered MSCHF to stop shipping the shoes and to cancel any outstanding orders.[2] Vans argued that the Wavy Baby sneakers […]

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25Oct

A defense of the equitable defense: Vice Chancellor Laster makes the argument against dodging equity through contractually specified incurable voidness

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Keegan Hicks As “part of an ongoing dialogue between the Delaware Supreme Court and the trial courts,”[1] Delaware Vice Chancellor Laster recently made a direct proposal that the Delaware Supreme Court “retreat from the concept of contractually specified incurable voidness.”[2] This blog post aims to explore the facts that motivated Vice Chancellor Laster’s suggestion, consider […]

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18Oct

College Sports More than One Year After NCAA v. Alston: Implications for College Athletes Under Federal Tax and Securities Laws

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Molly Mitchell More than one year after the Supreme Court’s 9-0 decision in National Collegiate Athletic Association v. Alston that the NCAA is not exempt from the Sherman Act with respect to certain compensation rules, the floodgates have opened for student-athletes to profit from their name, image, and likeness (“NIL”).[1] However, the Court’s majority opinion […]

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13Oct

Taking on Big Tech: California’s Attorney General Files Antitrust Suit Against Amazon

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By Stephanie Flynn California Attorney General Rob Bonta (A.G. Bonta) filed a Complaint against Amazon.Com, Inc. (Amazon) in San Francisco Superior Court claiming the tech company violated California’s Cartwright Act and California’s Unfair Competition Law.[1]  A.G. Bonta believes the lawsuit has a good chance of success despite the dismissal of a nearly identical claim brought […]

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11Oct

Give a man a fish and you feed him for a day. Teach a man to fish and he sues you for failing to protect his constitutional rights: North Carolina Court of Appeals holds the State has a duty to protect your right to fish

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Trent Turk In 2018, the North Carolina General Assembly passed a slate of amendments to the State Constitution.[1] Among these amendments was the creation of a State Constitutional right to hunt, fish, and harvest wildlife.[2] The amendment was ratified in 2018 by 57% of North Carolina voters.[3] Now codified as N.C. CONST. Art. I. § […]

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8Oct

Librarians: The New Scourge of the Seven Seas?

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By Summer Allen An unlikely character may soon join the ranks of Blackbeard, Captain Hook, and the Dread Pirate Roberts.  In a current lawsuit, librarians are being accused of “digital piracy,” but their treasure chests are filled with books instead of Spanish Doubloons.[1] A group of publishers, including Hachette and Penguin Random House, brought this […]

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5Oct

How Twitter’s Whistleblower Helps Musk

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Isaac Hopkin Elon Musk (“Musk”) has a taste for the dramatic.[1]  His most recent example was a hostile takeover bid to purchase the social media app Twitter, only to torpedo the deal three months later,[2]  just to opt back into the deal.[3] When Musk backed out, Twitter sued for specific performance of the agreement.[4]  Nearly […]

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27Sep

Fashion Dos and Don’ts: Unicolors v. H&M, Mistakes of Law, and the Copyright Act’s Safe-Harbor Provision

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Banks Griffin Should corporations be held to the same standard of legal knowledge as independent creators during copyright registration?  As of now, the Supreme Court says yes. United States copyright law is the means by which artists and creators receive property rights for their work.[1]  Accordingly, all creators should have equitable access to the copyright […]

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20Sep

All Dressed Up With No One to Sue: Naked Nirvana Baby’s Case Dismissed With Prejudice

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Haley Hurst All Dressed Up With No One to Sue: Naked Nirvana Baby’s Case Dismissed With Prejudice On September 24, 1991, grunge rock band Nirvana “gave voice” to Generation X with its debut album, Nevermind.[1]  Nevermind was the “first full expression of punk concerns to achieve mass-market success in the United States.”[2]  However, the album’s […]

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1May

Choosing to Go Out with a Bang: Examining Executions by Firing Squad

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By Grace Koppenheffer As morbid as it is, most of us have probably thought about the way we would want to die, and the ways we definitely would not.  We instinctively recoil against those deaths that seem the most painful, the most inhumane. Richard Bernard Moore, a death row inmate in South Carolina, was the […]

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28Apr

Miranda Warnings: A Constitutional Right or Supreme Court “Prophylactic”?

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By Cameron Bray On April 20, 2022, attorneys and Justices of the United States Supreme Court sparred over whether Miranda warnings[1] are a constitutional right or a “judicially crafted prophylactic rule,”[2] as lawyer Roman Martinez argued in open court.  In the case of Vega v. Tekoh, the Court granted certiorari[3] of “whether a plaintiff may […]

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26Apr

If at First Congress Can’t Succeed, Try to Push the Agenda Through Independent Regulatory Agencies

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Taylor Jones Overhauling United States environmental and labor policies has been a priority of the Biden Administration since the 2020 presidential election.[1]  In fact, the Biden-Harris campaign’s website still displays Biden’s promise to “sign a series of new executive orders with unprecedented reach that go well beyond the Obama-Biden Administration platform”[2] concerning environmental issues.  Likewise, […]

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