Meet Kirsten Tildon and Chuom Prak – SBEC Student Attorneys Spring 2024!
Hello World! My name is Kirsten Tildon and I am a current 2L at Elon University School of Law. I attended Towson University and majored in English and minored in Business Communications and Liberal Arts. After graduating from Towson and worked on DC’s Campaign to Reduce Lead Exposure and Childhood Asthma before moving to Greensboro to pursue a career in law. During my time at Elon Law, I have had the privilege of serving as the Business and Online Editor of We the People (Elon’s Constitutional law journal), Executive Vice President of the Federalist Society, Vice President and Co-Founder of The Board, and being a member of the Black Law Students Association, Phi Alpha Delta, Business Law Association, People Not Property, and Guilford County’s Teen Court program. I am also a Research Assistant for Professor Clodomir. My passion for justice and commitment to effecting change in the law motivated me to go to law school. I am…
Read MoreMeet Lance Sigmon and Caroline Decarvalho, Spring 2024 Student Attorneys in the SBEC!
Hello, my name is Lance Sigmon, and I am a current 2L at Elon University School of Law. I attended North Carolina State University for undergrad and majored in Communications Media and minored in Business Administration. After graduating from NC State and working for the North Carolina Secretary of State for 6 months, I moved to Greensboro to pursue a career in law. During my time at Elon Law, I have had the privilege of participating in the Board, Business Law Association, and 1st Gen Society. These organizations have helped me develop relationships with different people from all types of backgrounds, experiences, and perspectives. I am actively pursuing a career in law because I have seen the system be effective. Growing up, I had several friends who were displaced from unfortunate familial situations. Although I was young when this happened, I witnessed the positive aspects of the judicial system and how arguing…
Read MoreMeet Ayo Onasanya and Collin Donaghy, Spring 2024 Student Attorneys!
Hello, my name is Collin Donaghy. I am a current 2L at Elon University School of Law. I attended Virginia Tech for undergrad and received a degree in Professional and Technical Writing. After graduating from Virginia Tech and working for Siewers Lumber and Millwork for a year, I moved to Greensboro to pursue a career in law. During my time at Elon Law, I have had the privilege of participating in the Business Law Association, which provided me with the opportunity to hear from and speak with entrepreneurs and attorneys actively engaged in the practice area. I chose to pursue a career in law because of the opportunity it provided for me to be an involved community member, as well as an avenue to assist members of my community in seeking justice for themselves, loved ones, and their passions. Elon has given me the opportunity to be engaged in my…
Read MoreCTA Unconstitutional?
Since January 1, 2024, entities and lawyers across the Unites States have been working on complying with the Corporate Transparency Act (the “CTA”). The CTA requires entities to file information on their “beneficial owners” with the Financial Crimes Enforcement Network. The main goal of the CTA is to prevent money laundering. Last week, the Federal District Court for the Northern District of Alabama held that the CTA is unconstitutional when deciding the case National Small Business United v. Yellen (Case No. 5:22-cv-1448-LCB, ND-AL). The winning argument was that Congress exceeded its enumerated powers when it approved the CTA. The Commerce Clause of the Constitution grants Congress the power to regulate commerce among the states. The court found that this power does not extend to the substantive regulation of the business entities utilized to engage in commerce. It is likely the Department of Justice will appeal the decision. Though the plaintiffs…
Read MoreAngel Reese: No Longer a “Bayou Barbie”
According to the United States Patent & Trademark Office (“USPTO”), Louisiana State University (“LSU”) women’s basketball star, Angel Reese (“Reese”), is not a Bayou Barbie, after they denied her Trademark application. After LSU won the women’s basketball national championship, Reese skyrocketed to fame. Her nickname became the “Bayou Barbie” because of LSU’s close proximity to the water and her girly sense of style. LSU Women’s Basketball has even posted to their social media, posters of Reese which say, “Bayou Barbie. This Barbie is a National Champion.” Reese who has over 2.5 million followers on Instagram and a name and image net worth of 1.7 million dollars. Reese also has a multi-year NIL deal with Reebok and had 17 NIL deals for the 2022-2023 season. Reese filed a trademark application with the USPTO in February 2023 to register “Bayou Barbie,” but was denied in November 2023 because of the confusion…
Read MoreSo You Think You Know Your Trademarks?
From Law & Order’s famous “dun, dun” sound to Tiffany’s iconic robin-egg blue, celebrities and companies have many trademarks you may not know existed. In 2024 alone, there have been 181,365 trademark applications, which is a 3.2% increase in applications. With so many applications, many people are left with the question: What can I trademark? A trademark identifies a brand in conjunction with a good or service that the brand offers. You can trademark logos, words, slogans, letters, abbreviations, numbers, packaging designs, sounds, and even smells. For a trademark to be registered, the mark must be distinctive and original and must apply specifically to a class of products or services. Anyone can apply for a trademark in the United States by submitting an application to the U.S. Patent and Trademark Office (USPTO). A trademark in the United States can also last forever, so long as it is used in commerce…
Read MoreSteamboat Willie Left the Mickey Mouse Clubhouse for the Public Domain
In 1928, Disney copyrighted the first version of Mickey Mouse as the steamboat captain Steamboat Willie in a short film of the same name. Ninety-six years later, Steamboat Willie is now the first Mickey Mouse character copyright that is now available to use in the public domain. A copyright is a form of intellectual property that protects a work’s authorship. This can include literary, dramatic, musical, and artistic works such as books, poems, short stories, music, architecture, computer software, and much more. The protection of a copyright generally lasts the length of the author’s life plus an additional seventy years. Steamboat Willie had many opportunities to enter the public domain: first, in 1955, but it was then renewed to 1986 and then extended to 2003 by the Copyright Act of 1976. Finally, the copyright was extended to 2023 by the Copyright Term Extension Act of 1998 (also known as the…
Read MoreEntity Choice
There are many considerations an entrepreneur needs to consider before starting their business. The idea, funding, and an opportunity cost analysis may all rest heavily on your shoulders in the early stages. Sadly, the choice of entity type is too often overlooked. While it can be changed later, it is better to avoid the added costs and headaches of such a major change. Your entity choice should instead be informed and deliberate. This article will first explain the two main considerations when making the decision: taxation and liability. After, we will discuss most common entity types and where they stand within this framework. Hopefully after reading this, you can make a decision that is right for you. Taxation Under Double taxation, the entity AND the individuals (including owners, shareholders, or investors) must pay taxes on profits. For example, a C corporation makes a profit and pays dividends to its shareholders….
Read MoreKat Von D: Tattoos & Fair Use
The issue of fair use has been a hotly contested topic for decades. Fair use protects the idea that art often builds off of other art. It can be difficult to strike the proper balance between protecting an artist’s right to their art and honoring the collaborative nature of creative expression. Song parodies are one common example of the types of art protected by fair use. The concepts behind fair use trace their roots back to the 1800s, but fair use itself was not codified into U.S. law until the Copyright Act of 1976, 17 U.S.C. § 107 (the Act). Even after the Act, fair use was characterized by the U.S. Supreme court as an affirmative defense until Lenz v. Universal Music Corp. in 2015. In 2021, a lawsuit was filed under the Act against celebrity tattoo artist and businesswoman Kat von Drachenberg, more commonly known as “Kat Von D”….
Read MoreMeet Brianna Brooks and Vincent Aprile – Winter 2024 SBEC Student Attorneys!
Hey everyone! My name is Brianna Brooks, and I am a current second-year student at Elon University School of Law. Before coming to Elon, I lived in Deep Run, North Carolina, and went to school in Kinston, North Carolina. After high school, I attended North Carolina State University (NC State) in Raleigh, North Carolina, where I earned two Bachelor of Arts degrees in Political Science and Criminology, while also double minoring in Spanish and Africana Studies in three years. I started at Elon in the fall after graduating from NC State. Since starting at Elon, I have had the privilege of being a part of many organizations and clubs. Currently, I am a Diversity Fellow, Academic Fellow, Elon Reaches Out Co-Chair, Mentor, Professionalism Chair for the Black Law Student Association, and Treasurer for the Military Law Society as well as a member of a host of other clubs and organizations….
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