THIS WEEK: A tattoo lawsuit makes its way onto the court, the FDA highlights a new kind of vape, and Jeff gives some insight on management from the safety of his cubicle.
2K2Lawsuits
Like video games, lawsuits get sequels too. Last week, James Hayden filed his second lawsuit against 2K Games over the use of his tattoos in the NBA 2K Games.
Here is why we’re at the free throw line: Hayden is a well-known tattoo artist who has worked with a number of NBA players. That list includes LeBron James, Shaquille O’Neal, Kyrie Irving, Collin Sexton, Daniel Gibson, Shannon Brown, Danny Green, Dion Waiters, Mo Williams, and Tristan Thompson.
2K Games produces NBA 2K, a basketball game that features all NBA teams and players. The depiction of each player is pretty realistic. Here is an example (LeBron James):
Wait what’s that on his shoulder? Oh, it’s Lebron’s tattoo….ah. And therein lies the problem. Hayden alleges that 2K portraying the tattoos in their game infringes on his copyrights.
Originally, Hayden filed a complaint against 2K for NBA 2K16, 2K17, 2K18, 2K19, 2K20 and NBA 2KMobile. In that action, Hayden notably survived summary judgment attempts by 2K and is currently heading to trial. While that matter is still pending, Hayden filed this new matter (relating to 2K21).
Will this be a layup or a missed half-court heave? Stay tuned.
Don’t Highlight That
As if Roblox’s alleged kid casino wasn’t enough for parents to worry about, the FDA recently issued a warning to several retailers to stop selling unauthorized vapes that resemble school supplies like highlighters, cartoon characters, and other items designed to appeal to kids and evade detection from parents.
While the FDA moves to ban menthol-flavored cigarettes to curb underage smoking, vapes are available in flavors ranging from cotton candy to gummy bears. Sadly, tactics like these are working. According to a 2022 CDC report, more than 10 percent of high school students reported using e-cigarettes in the past 30 days.
Marketing like this is unfortunately part of the older tobacco playbook. Figures like Joe Camel and cigarette ad placements in shows like The Flintstones were used to sell directly to children and teens.
Hopefully, the FDA crackdown causes this kind of marketing to go up in smoke.
Joke Break
Jeff’s Cubicle
We’re happy to report a new addition to the team, Jeff (the Managing Associate). Jeff is, as you probably guessed, the Managing Associate at his “ultra-high-end” law firm in Mississippi. While most of Jeff’s personal and professional life is shrouded in mystery, I did verify that Jeff could potentially manage between 1-3 people who might be associate attorneys. To be honest with you, that’s the best I’m going to get.
From his cubicle at work (he assured me he doesn’t leave), Jeff will be providing guidance and answers to your management questions.
First up is this: “Jeff, my associate advised that they are stuck at a music festival and can’t input the rest of their time for the month. How should I handle this situation?”
Jeff: I just tackled this issue, but in a much worse context (Burning Man). In short, handle the issue with a bit of understanding. Maybe that associate hates making money? Maybe that associate wants to lose their bonus? Maybe that associate wants to get fired? Understand where they are coming from.
From there, it’s really just about good messaging. Here is an example of what I’m talking about.
While I haven’t receive a response from my associate — or any form of communication whatsoever after that text message — I assume they are diligently working on getting their time in.
Cheers,
-Jeff
A Few 0.1s
Exotic dancers in California form the country’s only strippers union.
Was it really Made in the USA? The FTC cracks down on counterfeit US-made apparel.
Photographer sues Chrissy Teigen for posting picture of Katie Holmes.
Goodwin’s Colleague Connect — Shame the best RTO enforcement tool?
Bill This to Me
Enable 3rd party cookies or use another browser
Hate the newsletter? Love it? Have a question or scenario for Jeff? Drop a comment.