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Michael Jordan Testifies He Doesn’t Do Deals For Less Than $10 Million: Jury Awards Him $8.9 Million In Lawsuit Over Use Of His...

A jury awarded Michael Jordan $8.9 million this week after he testified he doesn’t do deals for less than $10 million and he would never have done a deal with the grocery store chain Dominick’s Finer Foods, LLC, as it wasn’t...more

Jordan $8.9M – Dominick’s 0: Star Wins Over Unauthorized Use of Name

For years, Michael Jordan dominated opponents on the basketball court. Now, he seems to be doing the same in legal courts. Last week, a jury ordered Chicago grocery chain Dominick’s (now owned by Safeway) to pay the former...more

Sirius Wins One in Florida, Florida, Florida!

On June 22, 2015, the Southern District of Florida held that artists have no public performance rights in their pre-1972 sound recordings under Florida law, in contrast to decisions from California and New York in related...more

The Bermuda Triangle of Online Defamation: Copyright, Clickwrap and the CDA

We have written many times about attempts to use copyright law to do what defamation law can’t: take stuff down from the internet. Because Section 230 of the Communications Decency Act (“CDA”) prevents a defamation plaintiff...more

Media Companies Snipe at Potential Expansion of Defamation Risk in Ventura v. Kyle

“A Navy SEAL and a professional wrestler walk into a bar and begin to argue politics …” sounds like the beginning of a pretty good bar fight story. The story only gets more promising when you learn that the SEAL was the...more

Bob Marley and Federal False Endorsement Claims

Since his death in 1981, reggae superstar Bob Marley and his “image” continue to be broadly popular and command millions of dollars each year in merchandising revenue. ...more

Three Point Shot - February 2015

Will Johnny Be Good, or Will Name Games Go up in Flames? Johnny Gaudreau, left wing for the Calgary Flames, is attempting to high-stick potential interlopers by locking up rights to his now-popularized nickname – Johnny...more

Does the Ebola-free Nurse Doll Raise a Right of Publicity Claim?

In general, a right of publicity is a right to control use of your name, likeness, and other aspects of your identity. Right of publicity laws normally give an individual the exclusive right to license the use of their...more

Family of Jack Gibson, founder of the National Association of Radio Announcers for Black Radio DJs, enforces famous mark “Jack the...

Judge Thrash issued a ruling granting in part and denying in part the motion for summary judgment of plaintiffs (Jill Gibson Bell, et. al., hereinafter “Gibson Family”) against Billy Darren Foster (“Foster”) for trade mark...more

Panties: 1, Fair Use Doctrine: 0

Picture a sexy young bride, reclining sensuously on the nuptial bed. Smiling seductively, she lifts her wedding dress — a stretch white mini — to give her new husband a glimpse of the lingerie covering her private parts....more

Lanham Act Dust Up Over Vacuum Cleaner Claims Clarifies Literally False Standard

A federal district court in Massachusetts was recently sucked into a false advertising dispute between manufacturers of competing vacuums and steam cleaners over alleged violations of Section 43(a) of the Lanham Act. The...more

Albert Einstein, Marilyn Monroe, and the Right of Publicity

Rumored to have known each other intimately in life, Albert Einstein and Marilyn Monroe have now symbolically met in death in the courtroom. A court has ruled that Einstein and his estate possess rights that other courts have...more

Three Point Shot - May 2012

In This Issue: - Selling the Shirt off Tim Tebow’s Back Requires a License...1 - I See Your True Colors Shining Through ...2 - Pretty Boy’s Right of Publicity Lawsuit Ain’t Pretty, Says World Wrestling...more

Becoming Immune to Reputation Damage: Tips from Kim Kardashian?

This blogger is proud to say that I have never watched any show featuring a member of the Kardashian family (okay, okay, unless you count their step-brother Brody Jenner…you know I could never resist The Hills). I normally...more

Increased Protections for Intellectual Property in the PRC Internet Industry

Internet Service Providers (“ISP”) that typically provide video-sharing platforms, online shopping websites, or online digital libraries such as Baidu, Youku, and Tudou in China face increased penalties for intellectual...more

Incontestable - August/September 2011

In this issue: Christian Louboutin S.A. v. Yves Saint Laurent Am., Inc., 2011 WL 3505350 (S.D.N.Y. Aug. 10, 2011); Fair Isaac Corp. v. Experian Info. Solutions, Inc., 2011 WL 3586429 (8th Cir. Aug. 17, 2011); Habush v....more

REALITY BITES - Brand Protection, Reality TV Style

In this issue: The Situation is Asked Not to Cover His Situation With Abercrombie Anymore; The Kardashian - Sears Marriage Causes the Girls to End Up in Court. Excerpt from 'The Situation...': Abercrombie & Fitch...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - June 22, 2011

Table of Contents •Dillinger, LLC v. Electronic Arts Inc. •Murphy v. Millennium Radio Group LLC Dillinger, LLC v. Electronic Arts Inc., USDC Southern District of Indiana, June 15, 2011 •District Court dismissed...more

Liability for Commercial Speech: A Guide to False Advertising, Commercial Disparagement, and Related Claims

This volume summarizes related bodies of law – false advertising, commercial disparagement, and defamation – that govern the conduct of business communications. It sets forth elements, damages, and related defenses for each...more

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