News & Analysis as of

Advertising Misappropriation

Erise IP

What’s Trending in Trademarks, June 2024: Toms Shoes Says Unauthorized Seller is Hurting Its Brand, Supreme Court Passes on...

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Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Toms...more

Vondran Legal

South Coast Botanic Garden Foundation Sued for Right of Publicity Violation

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Vondran Legal® News: We have recently filed suit in the Los Angeles Superior Court against the South Coast Botanic Garden Foundation. Amazingly, they used photographs of two Defendants (who are working professionals who...more

Baker Donelson

New Legislation Proposed in Tennessee to Protect Against Deepfakes: ELVIS Act

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Recent advances in technology and artificial intelligence have the power to completely disrupt the world of advertising, media, music, sports, and entertainment by manipulating digital content to create synthetic photos and...more

Adams and Reese LLP

Coverage Stripped Bare: The Fifth Circuit Holds True to the Eight Corners Rule

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In a recent ruling, the United States Court of Appeals for the Fifth Circuit determined that an insurer owed no defense and indemnity to three strip clubs that had previously been sued for misappropriating the images of...more

Katten Muchin Rosenman LLP

Do Not Pass 'Go': How a Board Game Decision Is Applicable to Idea Theft Disputes in the Advertising Industry - Kattison Avenue |...

At first blush, the recent lawsuit filed by a toy inventor against toy and game company, Hasbro, would seem to have little to do with the advertising industry. In fact, however, the decision by the Southern District of New...more

Robinson+Cole Data Privacy + Security Insider

Ancestry.com Prevails in Yearbook Database Class Action

This week, Ancestry.com Inc. prevailed in a class action which alleged that it misappropriated consumers’ images and violated their privacy by using such data to solicit and sell their services and products. ...more

Manatt, Phelps & Phillips, LLP

Sour Note: Mraz Sues MillerCoors for ‘I’m Yours’ Clip in Instagram Ad

Jason Mraz alleged in a new lawsuit in California that MillerCoors wrongfully misappropriated his song “I’m Yours,” his voice and his image in an Instagram post promoting Coors Light beer....more

Jackson Walker

Coordinating What Can’t Be Unseen: Forming a Thorough Online Strategy

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Social media platforms such as Instagram and Twitter are essential to any successful modern marketing and outreach strategy. But the pursuit of turning likes and shares into dollars and cents is not without its risks. For...more

Smart & Biggar

Celebrities, personality rights and privacy: what marketers need to know about permission

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William Shatner made headlines in November when he took to Twitter to express his displeasure that his name and likeness were used without his permission to promote a condo development in Hamilton, Ontario. The development in...more

Patterson Belknap Webb & Tyler LLP

AOL Outlaw Must Bear the Burden of Proving Who Pays the Price

On January 9, 2018, the Second Circuit (Kearse, Cabranes, Wesley) rejected a request by ex-AOL Inc. employee Jason Smathers to junk the restitution component of his sentence, which requires him to recompense the online...more

Manatt, Phelps & Phillips, LLP

Advertising Law - October 2015 #2

"Flying Rabbi" Suit Crash Lands in NY Appellate Court - A New York man was unsuccessful in his lawsuit accusing Jimmy Kimmel of misappropriating his image during a skit on the late night TV show, Jimmy Kimmel Live! ...more

Seyfarth Shaw LLP

Financial Projections, Strategic Plans, And Customer Contract Proposals Can Be Trade Secrets

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Two competitors who do research and analysis for advertisers and media companies, concerning how television viewing impacts consumer purchasing, have been in a legal battle over alleged trade secret misappropriation, patent...more

Katten Muchin Rosenman LLP

Corporate and Financial Weekly Digest - Volume IX, Issue 30

In this issue: - Amendments to FINRA Rule 2210 Regarding Communications With the Public - Smith & Wesson Pays $2 Million to Resolve SEC Charges - Former Chief Operating Officer Settles SEC Fraud Claims ...more

Foley Hoag LLP - Trademark, Copyright &...

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

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