News & Analysis as of

Lanham Act Celebrities

Benesch

From Scarlett Johansson to Tupac: AI is Sparking a Performer Rights Revolution

Benesch on

With artificial intelligence (AI) taking the world by storm and generative AI making content creation easier than ever, legal problems regarding intellectual property and rights to publicity have inevitably started popping...more

Venable LLP

Artificial Intelligence Wants Your Name, Image and Likeness - Especially If You're a Celebrity

Venable LLP on

Innovations in artificial intelligence (AI) have made it easier than ever to replicate a person's name, image, and likeness (NIL), particularly if that person is a celebrity. AI algorithms require massive amounts of "training...more

Skadden, Arps, Slate, Meagher & Flom LLP

Video Gaming / E-Gaming Law Update - June 2020

Does My Video Game Violate Consumers’ Privacy Rights? The California Consumer Privacy Act (CCPA) is the first broad-based state statute aimed at enhancing personal privacy rights for consumers. Following the example set by...more

Davis Wright Tremaine LLP

Bobby Brown’s Claims for the Use of His Name and Likeness Not His Prerogative

In a detailed order that strongly affirmed the First Amendment rights of documentarians, on Aug. 2, 2019, the U.S. District Court for the Southern District of New York dismissed a lawsuit brought by Bobby Brown—the bad boy 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

Burns & Levinson LLP

What’s In a Name?

Burns & Levinson LLP on

Question: What do Sean Combs, J.K. Rowling, LeBron James, Lionel Messi, and Mark Wahlberg have in common? Two things, actually. First, they are all listed on the Forbes 2017 Celebrity 100 List; second, they all have gone to...more

Knobbe Martens

Some Like It Infringed? Monroe Estate Continues Intellectual Property Battles Despite Lack of Publicity Rights

Knobbe Martens on

On Wednesday, November 9, 2016 the estate of Marilyn Monroe filed a complaint in the Southern District of New York against Fashion Central. The Monroe Estate claims that Fashion Central infringes its intellectual property...more

Foley Hoag LLP - Trademark, Copyright &...

Celebrity Trademark Watch: Who Owns Marilyn Monroe’s Image? – Right of Publicity vs. Trademark Rights

In her posthumously published autobiography, My Story, screen legend Marilyn Monroe wrote: “I knew I belonged to the public and to the world, not because I was talented or even beautiful but because I had never belonged to...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

Knobbe Martens

Trademark Review | March 2015

Knobbe Martens on

Registration Cancelled Where Services Related to Mark Not Provided - Playdom, Inc. filed a petition to cancel Couture’s mark, arguing that the registration was void because Couture did not use the mark in commerce as of...more

Manatt, Phelps & Phillips, LLP

Advertising Law - Mar 14, 2014

Sue Like Mike: Jordan Wins Reversal in Publicity Rights Suit - An advertisement congratulating Michael Jordan on his induction into the Basketball Hall of Fame constituted commercial speech, the Seventh U.S. Circuit...more

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