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Advertising Name and Likeness

Fisher Phillips

Groundbreaking Illinois Law Protects Child Influencers from Financial Exploitation: How Could It Impact Your Business?

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Illinois is the first state to enact a law protecting the financial interests of child influencers. The law, which took effect July 1, addresses what had been gaps in child labor law in light of modern issues and targets...more

Arnall Golden Gregory LLP

The Pitch - June 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Miller Canfield

F1 Team Sues Former Principal Over Personal Photographs Displaying Team Trademarks in Memoir

Miller Canfield on

Earlier this year, the Haas F1 Team announced it would compete in the 2024 Formula One Championship without the leadership of its former principal Guenther Steiner. Following this separation, Steiner sued his former team for...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

BakerHostetler

A Celebrity Used our Product! Can we Put that in Advertising?

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Marketers understandably get excited when a celebrity is spotted using their product. It’s validation of all their efforts! Unfortunately, just because a celebrity has used the product – even if they have publicly posted...more

Alston & Bird

Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

Alston & Bird on

Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal...more

Vondran Legal

Artificial Intelligence Law - Intellectual Property Protection for your voice?

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With the advent of AI technology capable of replicating a person's voice and utilizing it for commercial purposes, several key legal issues are likely to emerge under California's right of publicity law. The right of...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

Adams and Reese LLP on

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

Carlton Fields

Fifth Circuit Clarifies Meaning of “Advertising Idea” in Personal and Advertising Injury Coverage Section of Standard CGL Policy

Carlton Fields on

In Princeton Excess & Surplus Lines Insurance Co. v. A.H.D. Houston Inc., the Fifth Circuit Court of Appeals clarified the meaning of the undefined term “advertising idea” in the insuring agreement of a commercial general...more

BakerHostetler

Flag on the Play: NIL an Open Question for Athletes, Advertisers and Collectives

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In May 2022, Gervon Dexter signed a name, image and likeness (NIL) deal with Big League Advance Fund (BLA or the Fund). Under the terms of the agreement, the Fund agreed to pay Dexter a one-time fee of $436,485 in exchange...more

BakerHostetler

AD-ttorneys@law - October 2023

BakerHostetler on

Ex-Reality Star Sues To Protect His Likeness Against AI - ‘Big Brother’ runner-up’s fame may be in doubt, but his case has legs - New Contender - Let’s turn our attention to Kyland Young v. NeoCortext, Inc., an...more

BakerHostetler

Customer Mailing Lists and The (Attempted) Expansion of the Right of Publicity

BakerHostetler on

As discussed in the 2023 Data Security Incident Response Report, over the past several years a wave of lawsuits was brought alleging violations of customers’ right of publicity based on the sale of customer mailing lists. The...more

Fox Rothschild LLP

NCAA Issues Formal Guidance Regarding Booster Influence on NIL Deals

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Last summer, the NCAA allowed student-athletes to be paid for the use of their names, images, and likenesses (“NIL”), but did not issue formal guidance on the matter. That changed on May 9, 2022, when the NCAA’s Division One...more

Foster Garvey PC

Sports & Entertainment Spotlight: Nickelodeon is Set to Broadcast a National Football League Game on Christmas Day, and Formula 1...

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Welcome back to the "Sports & Entertainment Spotlight," your 30,000 foot view of the various goings-on in the sports and entertainment industries. This week, I am writing from, well, 30,000 feet flying cross country to soak...more

Foster Garvey PC

Sports & Entertainment Spotlight: Speedo Drops Russian Olympian Swimmer Evgeny Rylov's Sponsorship for Supporting Vladimir Putin,...

Foster Garvey PC on

Welcome back to the "Sports & Entertainment Spotlight." We’re just one week into March Madness, and already my predictions from last week are coming to fruition (if only I had the same luck picking winners of the games...more

Foster Garvey PC

Sports & Entertainment Spotlight: Rihanna's Savage X Fenty Lingerie Brand is Reportedly on the Verge of a $3 Billion IPO, and...

Foster Garvey PC on

This past week, I have realized my place is still on the blogosphere and not in the stands. That time will come. But it’s not now. I love my readers, and I love my supportive family. Without them, none of this is possible....more

BakerHostetler

AD-ttorneys@law – October 2021 #2

BakerHostetler on

Split FTC Moves Ahead with Fines - New Nectar Sleep consent order proves the Commish isn’t down for the count - Perchance to Scheme? Nectar Sleep—the upstart mattress manufacturer and daughter company of Resident Home...more

BakerHostetler

AD-ttorneys@law - September 2021 #1

BakerHostetler on

Starbucks Ads are Up to Puff, For Now - Pity the puff – so often cited as a reason why an advertising statement is not a claim, yet so rarely with success. And just by way of a quick review, a puff is an advertising statement...more

Manatt, Phelps & Phillips, LLP

[Webinar] New Class of Talent: NCAA NIL Changes and Implications for Brand, College and Athlete Stakeholders - September 21st,...

The NCAA’s new name, image and likeness (NIL) rules and state laws allow college athletes to profit from legitimate brand partnerships, opening opportunities for brands to engage fresh influencer talent and for college...more

Foster Garvey PC

Sports & Entertainment Spotlight - July 2021

Foster Garvey PC on

Just months after breathing life into to the "Sports & Entertainment Spotlight," I am (well, my wife is) giving birth to a new creation — a baby boy. As such, I will be taking a break from the usual commentary (sleep...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

Fisher Phillips

Florida’s Name, Image, and Likeness Bill Creates New Marketing Opportunities – And Compliance Obligations – for Employers

Fisher Phillips on

After much discussion over the last year, Florida’s name, image, and likeness (NIL) legislation for college athletes will go into effect on July 1, allowing college athletes to receive compensation based on their name, image...more

Foster Garvey PC

Sports & Entertainment Spotlight - June 2021

Foster Garvey PC on

Athletes and entertainers are people, too. Albeit, incredibly talented people, but deserving of the same treatment with dignity and respect as how we would want ourselves to be treated. For better or worse, sometimes their...more

Foster Garvey PC

Sports & Entertainment Spotlight - May 2021 #2

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The word of the week for this edition is “credibility.” In the courts of law and public opinion, credibility (or the quality of being trusted and believed in) is everything. Just ask famed Triple Crown horse trainer Bob...more

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