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Court Won’t Reconsider Prior Ruling in NCAA Class Action

On May 12, 2014, the National Collegiate Athletics Association (NCAA) lost its motion for leave to file a motion for reconsideration of a prior ruling, which barred the NCAA from arguing at trial that not paying...more

R-E-S-P-E-C-T Those Rights of Publicity

Earlier this month, Katherine Heigl sued Duane Reade for $6,000,000 for tweeting a paparazzi photo of her leaving a Duane Reade drugstore, together with the caption “Love a quick #DuaneReade run? Even KatieHeigle can’t resist...more

Capturing Tiger Woods at The Masters

My second favorite golf major, The Masters, starts tomorrow in Augusta, Georgia. And as much as I dislike its history of racism, misogyny, and banning an announcer because he used the terms “bikini-waxed” and “body bags”...more

Cyberlaw: Of Athletes And Video Games

Can a video game company use an athlete’s likeness in a game without his or her permission? The answer is maybe. The Ninth Circuit recently rejected Jim Brown’s Lanham Act Section 43 claim against Electronic Arts, Inc....more

Liability Insurer May Have to Cover Knockoff Jewelry Site for Allegedly Violating Reese Witherspoon’s Right of Publicity

Have you always wanted to own “The One Ring to Rule Them All” of Lord of the Rings fame? Do you dream of an engagement ring just like Kate Middleton’s? Your dreams can come true with a visit to Emitations.com, a website...more

Top questions fashion brands should consider before conducting social media marketing

Facebook, Twitter, Pinterest, Instagram…the list of social media tools for the promotion of your fashion brand is ever increasing. While social media is an effective and immediate way to reach your customers, there are some...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - January 27, 2014

Moore v. Lightstorm Entertainment, USDC, D. Maryland, January 17, 2014 - District court grants summary judgment dismissing screenwriter’s copyright infringement claims against producers of motion picture Avatar,...more

“Hustlin’” to a Legal Victory: Rick Ross and the Right of Publicity

California gives you the right to profit from your own identity. But what if you assume somebody else’s? Rick Ross is famous for rapping about cocaine. Ricky D. Ross is famous for selling it. Ross (the cocaine...more

When Does the Right of Publicity Trump a Video Game Maker’s First Amendment Rights?

On September 24, 2013, Electronic Arts, Inc. (“EA”) reached a $40 million dollar settlement of lawsuits over the use of college athletes’ likenesses in EA’s popular college football video game series NCAA Football. EA also...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- October 24, 2013

Lewis v. Activision Blizzard, USDC, N.D. Cal, October 17, 2013 - District court grants summary judgment against former employee “game master” of defendant videogame company, finding that sound recordings of employee...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- September 27, 2013

Capitol Records, LLC v. Vimeo, LLC, USDC, S.D.N.Y., September 18, 2013 - District court grants in part and denies in part video-sharing website’s summary judgment motion for safe harbor protection under the DMCA for...more

Top fashion legal topics – #4 Be fashion, be social!

After having debated about wearable technologies, special rules for foreign franchisors in Italy and 3D Printers à la mode, in this fourth post of the fashion-dedicated series, celebrating the Milan fashion week, we will...more

Ninth Circuit Fumbles The Ball In Videogame Likeness Cases

Creating a new rule that gives videogames much more limited protection than other expressive works, the Ninth Circuit has ruled that realistically depicting college athletes in videogames showing them doing what they became...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- August 9, 2013

Brown v. Electronic Arts, Inc., USCA, Ninth Circuit, July 31, 2013 - Ninth Circuit affirms dismissal of NFL great Jim Brown’s Lanham Act claim against video game developer Electronic Arts, Inc., concluding that Rogers...more

Three Point Shot - Summer 2013

With very special thanks to our summer associates Elizabeth Horan (Case Western), Erica Esposito (Harvard), Joshua Espinosa (NYU), Bryce Johnston (Georgetown), Ryan Harris (NYU), and Alex Rosen (Harvard), the Proskauer Sports...more

Litigation Alert: Ninth Circuit Assesses Use of Player Likenesses in Video Games

On Wednesday, July 31, 2013, the Ninth Circuit issued two opinions assessing the parameters of use of individual player likenesses in video games in two highly watched cases...more

Electronic Arts Fumbles in Lawsuit Brought by College Athletes (again)

College sports is big business. Student-athletes generate truckloads of cash for their schools, but are prohibited by NCAA rules from sharing in the haul. In fact, if the student-athlete learns that someone is commercially...more

Football & Free Speech: Third Circuit Vidgame Decision Has Broader Implications for Reality-Based Works

42, 127 Hours, Act of Valor, Argo, Dolphin Tale, Fair Game, Green Zone, I Love You Philip Morris, Moneyball, People Like Us, Sanctum, Secretariat, Soul Surfer, The Bling Ring, The Fighter, The Runaways, The Whistleblower,...more

Business Litigation Report -- May 2013

In This Issue: Firm News: ..Quinn Emanuel to Open Sydney Office ..Firm Expands Mass Torts and Products Liability Practice ..Susheel Kirpalani Named a 2012 “Dealmaker of the Year” by The American...more

EA Sports Uses Tim Tebow

I’ve previously blogged about a pending lawsuit involving former college athletes (here and here) and whether they should get paid when universities and business partners use their likenesses. Brent Lorentz, a Chambers...more

Leggo My Likeness, Part Four

There are so many fun things you can do with celebrities. In addition to the traditional things like writing books about them, you can also use their catchphrases to make greeting cards; make movies about them using puppets;...more

Electronic Arts Takes One In The Kisser

For some time now, Electronic Arts–purveyor of sports video games–has been embroiled in disputes relating to using the likenesses of former college athletes without providing them appropriate remuneration. There has been the...more

Three Point Shot - April 2013

The (Gold) Gloves Are Off - Cincinnati Reds second baseman Brandon Phillips has a lot to say. He's well-known for being outspoken, and he's a prolific tweeter on his @DatDudeBP account, which boasts over 650,000...more

Controversial Film “Escape From Tomorrow” Shows Need to Protect Intellectual Property

“Escape From Tomorrow,” one of the most controversial films at the 2013 Sundance Film Festival, has put copyright and trademark law, as well as the question of what constitutes parody, in the spotlight. The film reminds...more

2012 Top Canadian Entertainment, Media And Communications Law Stories

In keeping with tradition, and gambling that there won't actually be any significant entertainment/media law occurrences between now and January 1, 2013 (which is probably a pretty safe bet), we offer our humble thoughts on...more

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