News & Analysis as of

Right of Publicity Class Action

K&L Gates LLP

Recent Trends in Generative Artificial Intelligence Litigation in the United States

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Although still in their infancy, a growing number of recently-filed lawsuits associated with generative artificial intelligence (AI) training practices, products, and services have provided a meaningful first look into how US...more

Sheppard Mullin Richter & Hampton LLP

Celebrity “Faces Off” Against Deep Fake AI App Over Right of Publicity

Generative AI (GAI) applications have raised numerous copyright issues. These issues include whether the training of GAI models constitute infringement or is permitted under fair use, who is liable if the output infringes...more

BakerHostetler

AD-ttorneys@law - December 2022 #2

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20 Years Later, TTB Agrees to Revisit Alcohol Labeling - Watchdogs claim a win, but are they being set up for a wait? Again? Anticipation - When last we left the doughty heroes of the Center for Science in the...more

Akin Gump Strauss Hauer & Feld LLP

Stemming the Tide: Seventh Circuit Deals (Final) Blow to Suspect Right of Publicity Privacy Class Actions Rising in the Courts

Over the last several years, the class action bar has targeted companies in a wave of putative class actions under state “right of publicity” statutes. Although they vary some around the edges, these statutes generally seek...more

Fisher Phillips

What Florida Schools Need to Know as High School Student-Athletes Seek NIL Compensation

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When Florida’s name, image and likeness (NIL) law went into effect this past summer, it created many opportunities for businesses that wanted to enlist college athletes as part of their marketing campaigns. A recently filed...more

Benesch

IRPA Claims - A Troubling New Trend?

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In recent weeks, a number of new class actions have been filed in the U.S. District Court for the Northern District of Illinois asserting novel claims under the Illinois Right to Publicity Act (“IRPA”) 765 ILCS 1075/1 et seq....more

Amundsen Davis LLC

Data Collection Class Actions On The Rise: Consider Your Privacy Compliance

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Technology is moving at the speed of light while we all continue to live in a largely virtual world where we interface with each other, online, everyday. Sprinkled in are continued concerns about how companies, large and...more

BakerHostetler

AD-ttorneys@law

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Snowboarding Company Accused of Slapping Biggie Smalls’ Image on Merch - Rapper’s estate challenges with Lanham Act and right of publicity suit - Biggie Won’t Slip - It’s difficult to name a recording artist who has...more

Morrison & Foerster LLP - Social Media

What’s in a (User)Name?

As consumers increasingly communicate and interact through social media platforms, courts have had to grapple with how to apply existing laws to new ways of communicating, as well as disseminating and using content....more

BakerHostetler

AD-ttorneys@law

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In This Issue: - Proposed US Consumer Internet Privacy Legislation Threatens Digital Advertising - DJ Khaled Alcohol Endorsements Exposed, Says TINA - 4A’s and Agencies Issue APB on Unsafe Ad Environments - Astronaut’s...more

BakerHostetler

AD-ttorneys@law

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“Iron Mike” Tyson is a controversial sports figure who seems in equal parts loved and loathed by the public. Celebrated for a genuine world-class talent and derided for his behavior in and out of the ring, Tyson has a public...more

Fenwick & West LLP

Litigation Alert: Ninth Circuit Rules on Copyright Preemption of Right-of-Publicity Claims

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Last week, in Maloney v. T3 Media, Inc., the U.S. Court of Appeals for the Ninth Circuit held that claims under state right-of-publicity law are preempted by the Copyright Act “when a likeness has been captured in a...more

Proskauer Rose LLP

Three Point Shot - June 2016

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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

Jackson Walker

‘The Autumn Wind’ and the Right of Publicity

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As a child of the 60’s and 70’s and an insatiable NFL football fan, I can still hear the swaggering voice of narrator John Facenda in the now-iconic 1974 NFL Films production “The Autumn Wind,” which has been dubbed The...more

Proskauer Rose LLP

Three Point Shot - March 2016

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California Court to PGA Tour Caddies: You'll Get Nothing and Like It! As the full swing of the PGA season rounds the corner, and with the azaleas blooming at Augusta, the trusted confidants of golf's premier players...more

Proskauer - Minding Your Business

Market Definition Failure Dooms Golf Caddies’ Antitrust Class Action Against PGA Tour

An antitrust class action lawsuit brought by golf caddies against the Professional Golf Association will not be afforded a mulligan after a federal district court dismissed their complaint with prejudice. A putative class of...more

Bond Schoeneck & King PLLC

Intellectual Property and Technology: Players’ Hail Mary Pass Incomplete: Copyright Trumps Right of Publicity in NFL Dispute...

Last month, the U.S. Court of Appeals for the Eighth Circuit stopped three former NFL players at the goal line when it rejected the players’ appeal in their likeness lawsuit against the NFL. The three former players,...more

Kelley Drye & Warren LLP

Eighth Circuit Tells Former NFL Players: Your Right Of Publicity Claims Are Preempted By The Copyright Act

The Eighth Circuit recently rejected three former NFL players’ appeal of a district court’s dismissal of their right of publicity claims, among other claims. John Frederick Dryer, Elvin Lamont Bethea, and Edward Alvin White...more

Dorsey & Whitney LLP

#ThatPostCouldCauseALegalRoast (Are you using Instagram content illegally… without even knowing it?)

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Love it or hate it, Instagram is coming to dominate the world of advertising. During Super Bowl 50, 38 million people reportedly made 155 million Super Bowl-related interactions on Instagram. ...more

Seyfarth Shaw LLP

Pro Golf Caddies’ “Bib Claims” Against PGA Scored A Triple Bogey

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According to an ESPN analyst, the PGA Tour “treats its caddies like outside dogs.” In apparent sympathy with the caddies’ plight, Judge Vince Chhabria of the U.S. District Court for the Northern District of California cited...more

Dorsey & Whitney LLP

Avvo and Advertising in the Land of Lincoln

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Illinois attorney Ms. Moira Bernstein is the latest advocate to take on Avvo.com, the Seattle-based lawyer information and rating site. On February 4, 2016, Ms. Bernstein filed a class action complaint against Avvo, Inc....more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - January 2016

Eye on the Courts: IP Cases for Retailers to Note - Why it matters - Retail companies have closely monitored a series of cases from the U.S. Supreme Court on down, which have focused on IP matters covering induced...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - November 2015

We are pleased to share with you the first issue of Manatt's Retail and Consumer Products Law Roundup. The newsletter will be published on a monthly basis and will survey topics of critical importance to the retail,...more

Manatt, Phelps & Phillips, LLP

Advertising Law - October 2015 #4

Eleventh Circuit Rejects Application of VPPA to Free App - The latest decision interpreting the application of the Video Privacy Protection Act in the context of twenty-first century technology provides positive news for...more

Weintraub Tobin

Electronic Arts and its Disrespect for the Game

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On September 11, 2014, the Ninth Circuit heard oral argument on the appeal in Davis v. Electronic Arts (Case No. 12-15737), a class action lawsuit brought by three former NFL Players against Electronic Arts (“EA”), the...more

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