Personal Injury Intellectual Property Constitutional Law

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Rights in Bob Marley's name and likeness trump free speech where defence not properly pleaded | World Trademark Review

Fifty-Six Hope Road is a company run by some of Bob Marley's children, and it owns the property rights to Bob Marley's name, voice and likeness. Hope Road licensed Zion Rootswear the exclusive right to use Marley's name and...more

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

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

Two California State Law Claims Are Dismissed With Prejudice

Sleet, J. Defendant’s motion to strike counts 9 and 10 under California’s Anti-SLAPP Stature is granted with prejudice. Defendant’s motion to dismiss counts 9-11 is denied in part and granted in part. Plaintiff’s motion to...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

USA: Ninth Circuit Rejects EA’s “Incidental Use” Defense in Madden-Related Right of Publicity Suit

On January 6, 2015, the Ninth Circuit decided that Electronic Arts Inc.’s (“EA”) unauthorized use of former NFL players’ likeness as avatars in the Madden NFL video game series does not qualify for First Amendment protection....more

USA: Do Athletes Have Rights of Publicity in Live Broadcast Footage? Minnesota Court Offers Guidance

U.S. courts have recognized that “there is no judicial consensus on how to resolve conflicts between intellectual-property rights and free-speech rights.” Indeed, courts have adopted varying approaches to analyzing right of...more

Henley Is Not Taking It Easy

According to music icon Don Henley, intellectual property rights are not a joking matter....more

Electronic Arts and its Disrespect for the Game

On September 11, 2014, the Ninth Circuit heard oral argument on the appeal in Davis v. Electronic Arts (Case No. 12-15737), a class action lawsuit brought by three former NFL Players against Electronic Arts (“EA”), the...more

Dryer v. National Football League - USDC, D. Minn., October 10, 2014

Dryer v. National Football League - USDC, D. Minn., October 10, 2014: District court grants summary judgment in favor of NFL and against former professional football players who claimed that NFL’s use of video footage...more

Stacy Allen Speaks: Video Game Makers Strike Out In College Athlete Cases – Coaching Tips For The Virtual World

Over the past several years, I have written about a series of decisions in suits brought by former collegiate athletes against EA Sports and the NCAA, seeking compensation for the use of their likenesses and those of...more

Copyright As An Online Reputation Management Tool: A Round Hole For A Square Peg

So, how is copyright law doing as an online reputation management tool? We have written many times recently about the use of copyright law to do what defamation law can’t: take stuff down from the internet. A...more

Intellectual Property Bulletin - Spring 2014

Right of Publicity? First, Let Me Take a Selfie - “Oh, he wants to do a selfie,” President Barack Obama observed with amusement before gamely posing with Boston Red Sox designated hitter David Ortiz. Ortiz snapped the...more

Right of Publicity? First, Let Me Take a Selfie

“Oh, he wants to do a selfie,” President Barack Obama observed with amusement before gamely posing with Boston Red Sox designated hitter David Ortiz. Ortiz snapped the shot using his Samsung smartphone during a visit to the...more

Can Private Photos Be Used In Political Ads Without Permission? Colorado Court Rejects Gay Couple’s Misappropriation Claim;...

When we upload family pictures to the internet, we understand that, in theory, anyone in the world might download them and use them for some nefarious purpose. However, we usually take comfort in the fact that most of us...more

Keeping Privates Private: The Legal Landscape of Revenge Porn

Mark Zuckerberg famously stated that the purpose of Facebook is “to make the world more open and connected,” and indeed Facebook, other social media outlets and the Internet in general have brought worldwide openness and...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

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

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

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

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

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

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