News & Analysis as of

Right of Publicity Cease and Desist

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

Dunlap Bennett & Ludwig PLLC

Elvis Has Left the Building…or at least the Wedding Chapel

At least two chapels in Vegas have received cease-and-desist letters, asking them to refrain from using Elvis’s name, image, and likeness. Attorneys sent the letters, accusing the chapels of infringing intellectual property...more

Dorsey & Whitney LLP

The Take-Two Interactive v. Pinkerton Showdown Has Ended in a Draw

Dorsey & Whitney LLP on

One year ago, I wrote a post about the Lohan v. Take-Two Interactive case in which Lindsay Lohan thought she recognized her image in Take-Two’s Grand Theft Auto V (“GTAV”) video game. Many people who notice that they resemble...more

Kelley Drye & Warren LLP

No SpielBurgers for you! Steven Spielberg Shuts Down Unauthorized Use of His Name

Last week, Carl’s Jr. announced that in honor of Steven Spielberg’s new movie, Ready Player One, they would change the name of their Charbroiled Sliders to “SpielBurgers.” They tweeted: “@StevenSpielberg hasn’t signed off...more

Jaburg Wilk

Celebrity Brands: The Line Between Fair Use and Infringement

Jaburg Wilk on

All brand owners are faced with difficult decisions regarding how aggressively to police their brands. The decision is particularly difficult when the unauthorized use is by a loyal customer or fan. While some traditional...more

Knobbe Martens

Using Pop Culture References in Advertisements? Just Do It Right

Knobbe Martens on

In this age of smartphone cameras and hashtags, an impromptu remark or a right place-at-the-right-time snapshot can “go viral” and create instant and immense goodwill. Businesses today use social media as a tool to promote...more

Manatt, Phelps & Phillips, LLP

Entertainment and Media Litigation Update - October 2015

The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more

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