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Two Rights of Publicity Decisions Explore the Boundaries of Commercial Speech in Commemorating Public Figures

Two recent rights of publicity cases illustrated the parameters of using a public figure’s name, likeness, identity or image for commercial purposes, without consent for commemorative purposes. But when does commemoration...more

Trademark Review | March 2015

Registration Cancelled Where Services Related to Mark Not Provided - Playdom, Inc. filed a petition to cancel Couture’s mark, arguing that the registration was void because Couture did not use the mark in commerce as of...more

Time for Your Close-up: The Right of Publicity in the Social Media Era

Michael Jordan is one of America’s most revered and iconic professional athletes. He spectacularly led the Chicago Bulls to six NBA championships, was named league MVP for five years and, off the court, reached a...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

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

Michael Jordan Denied Summary Judgment on His Right of Publicity Claim against Illinois Grocer

In 2009, Michael Jordan was inducted into the Basketball Hall of Fame. To commemorate Jordan’s career, Time Inc. published a special Sports Illustrated Presents issue that included congratulatory “advertisements” from several...more

?Restrictions on ICO’s Power to Impose Fines for cold calls, emails and nuisance text messages relaxed (and mobile...

From the 6 April this year, the UK regulator the Information Commissioner will be able to issue fines for breaches of the direct marketing provision of the Privacy and Electronic Communications (EC Directive) Regulations 2003...more

Landmark UK Judgment Against Author of False Online Review

When Google users searched for The Bussey Law Firm, P.C., they would not be able to miss a scathing review calling Mr. Bussey a “scumbag” who “loses 80% of his cases.” Discovery revealed the disgruntled “client” to be a...more

Texas Supreme Court weekly orders (3/15)

The three cases involve (1) whether a liability insurer must pay the plaintiffs who received an assignment from the insured after the insurer failed to defend, (2) whether the former owner of a chemical plant is liable for...more

Privacy Settings Won’t Keep Social Media Posts Out Of Court

On Jan. 7, 2015, in Nucci v. Target Corp., et al, the District Court of Appeal of the State of Florida, Fourth District, upheld a lower court’s order compelling plaintiff Maria Nucci to produce photographs originally posted...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

Business Law Newsletter - March 2015

In This Issue: - Small Businesses: Responding to and Resolving Scathing (or False) Online Reviews - DWI in Your Driveway - Excerpt from DWI in Your Driveway: Drivers in the Commonwealth be...more

Advertising Law - March 2015

NAD: A Product Can’t be The “#1 Prescribed Brand” Without Other Prescribed Brands - A “#1 brand prescribed” claim implies that professionals have a choice in prescribing brands, the National Advertising Division...more

Small Businesses: Responding to and Resolving Scathing (or False) Online Reviews

The Internet is a great resource for businesses to market to clientele in both an efficient and cost-effective manner. Unfortunately, the ease with which a person can use the Internet also results in the possibility of...more

Warning to NY litigators - What privilege attaches to pre-litigation attorney statements? NY appeals court answers: qualified

New York law has long recognized that attorneys who make defamatory statements in connection with an existing litigation enjoy an absolute privilege against claims for libel and slander. Whether such a privilege extends to...more

The Federal Wiretap Act and the Law of Unintended Consequences

The law of unintended consequences – a distant cousin of Murphy’s Law – states that the actions of human beings will always have effects that are unanticipated and unintended. The law could prove a perfect fit for recent...more

Appellate Court Notes

- SC18927 - State v. Gonzalez - AC35406 - Rodriguez v. State - AC35570 - Tremper v. State - AC35972 - Bouchard v. Deep River [Dumpster diving can be hazardous to your health. As a devotee of the...more

Cracking Down on Hit and Run Via Social Media

About 80 percent of hit and run cases between 2008 and 2012 in the Los Angeles area were never solved, according to the Los Angeles Times. Compare that to the city of Denver, whose police force actually resolves about 78...more

Major Retailers Accused of Selling Dangerous Supplements by New York Attorney General

Since the passage of the “Dietary Supplement and Health Education Act,” the supplement industry has effectively been a wild west of snake oil salesmen foisting their sometimes fraudulent and dangerous miracle cures on the...more

Speaking Ill of the Dead

Maligning the memory of the deceased has been viewed as a reprehensible act since antiquity. The Latin aphorism “de mortuis nihil nisi bonum” – roughly translated as “speak nothing but good of the dead” – has been traced back...more

"Courts Parse First Amendment Protections for Anonymous Critics Online"

The Supreme Court has long recognized that the freedom of speech enshrined in the First Amendment extends to anonymous speech, noting that “persecuted groups and sects … throughout history have been able to criticize...more

Socially Aware - Volume 6, Issue 1 - January/February 2015

In This Issue: - Good Rep: Social Media Assets in M&A Transactions - Narrow Vision: Did Anti-Glass Hysteria Contribute to the Demise of Google Glass? - Forced to Cyber-Spy: Court Rules Parents Can Be Held...more

Can platooning technology prevent trucking accidents?

A Chicago truck accident lawyer understands that thousands are killed every year due to accidents with large trucks. According to the National Highway Traffic Safety Administration, over 104,000 individuals were injured and...more

Study: Voice-activated vehicle systems cause distraction for drivers

When drivers opt to put hands-free devices and technology in their vehicles, they often do so under the impression that they are increasing safety for them and all those around them....more

Court Rules Reporting on Teen's Felony Cyberbullying Case Privileged

The U.S. District Court for the Northern District of Florida in Jeter v. McKeithen et al., dismissed defamation and defamation by implication claims brought by a teenager against Florida television station WJHG challenging...more

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