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False Endorsements Right of Publicity

AEON Law

Patent Poetry: Artists Fight Unauthorized Use of Their Music by Trump Campaign

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Dozens of musical artists have expressed their objections to the Trump Campaign’s use of their music at events. According to Wikipedia, at least 35 musicians have opposed Trump’s use of their music....more

BakerHostetler

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

BakerHostetler on

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

Vondran Legal

Artificial Intelligence Law - Intellectual Property Protection for your voice?

Vondran Legal on

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

McDermott Will & Emery

Electra Powers Second Circuit’s False Endorsement Analysis

Following on the heels of its 2021 decision in Electra v. 59 Murray, the US Court of Appeals for the Second Circuit affirmed the summary judgment denial of a Lanham Act claim related to false endorsement premised upon the...more

ArentFox Schiff

Evel Knievel Trademark Stunt Falls Short: Disney’s Toy Story 4 Character Found Non-infringing

ArentFox Schiff on

A federal district court judge recently dismissed infringement claims brought against Disney and Pixar over the daredevil character Duke Caboom featured in Toy Story 4. A year ago, Evel Knievel's son filed the case as head of...more

Dorsey & Whitney LLP

Forever 21 and Ariana Grande “Face-Off” Over Lookalike Images

Dorsey & Whitney LLP on

Ariana Grande, identified in a recent complaint filed in federal court as an “internationally renowned singer, songwriter and actress,” is challenging struggling retailer Forever 21’s use of images that allegedly mimic Ms....more

Kilpatrick

Grand Implications: The Use of Celebrity Look-Alikes in Advertising and the Interplay Between State Right of Publicity and Federal...

Kilpatrick on

What is a world-wide, massively popular pop music star and actor supposed to do when a company negotiates with her to secure her image in an endorsement deal, declines to pay her asking price, but then goes ahead, without...more

Jackson Walker

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

Jackson Walker on

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

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | March 2018 #3

USDA Withdraws Organic Livestock and Poultry Rule - The U.S. Department of Agriculture (USDA) has issued a final rule withdrawing the Organic Livestock and Poultry Practices Rule, leaving existing organic regulations in...more

Foley Hoag LLP - Making Your Mark

Sexual Harassment Parody Commercial Held Not To Violate Lanham Act

Section 43(a) of the Lanham Act prohibits false or misleading statements in commerce that are likely to cause confusion as to a person’s affiliation, approval or sponsorship of someone else’s commercial activities. Here’s an...more

Proskauer Rose LLP

Three Point Shot - June 2016

Proskauer Rose LLP on

Showtime and Top Rank Slug It out over "Fight of the Century" - Who said boxing was dead? Fight fans still bitter over the May 2015 Floyd Mayweather–Manny Pacquiao bout that was far more mega-bore than mega-brawl...more

Sullivan & Worcester

The Right of Publicity: How Much Control Do NFL Players Have Over Their Names?

Sullivan & Worcester on

How much control should athletes have over their names? Not an unlimited amount, according to one recent court ruling. Late last month, in Dryer v. National Football League, the Eighth Circuit denied an appeal by three...more

McDermott Will & Emery

Bob Marley’s Heirs Lanham Act Win Upheld - Fifty-Six Hope Road Music v. A.V.E.L.A., Inc.

McDermott Will & Emery on

Addressing the issue of when the use of a celebrity’s likeness or persona in connection with a product constitutes a false endorsement that is actionable under the Lanham Act, the U.S. Court of Appeals for the Ninth Circuit...more

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