News & Analysis as of September 20, 2024

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A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +

Unique IP Concerns When Celebrities and Athletes Are Involved in NFT Projects

Venable LLP on 7/28/2022

Given the recent rise in the popularity and profitability of non-fungible tokens (NFTs), celebrities have entered the market not only by purchasing NFTs, but also by minting their own. However, because NFTs often involve the...more

Sports & Entertainment Spotlight: What the Supreme Court Ruling in Alston v. NCAA Means for the Future of College Sports

Foster Garvey PC on 6/24/2021

“The NCAA is not above the law.” Those seven words capped Justice Brett Kavanaugh’s searing concurring opinion issued in connection with Monday’s (June 21) unanimous (9-0) U.S. Supreme Court ruling in Alston v. National...more

Sports & Entertainment Spotlight - April 2021 #3

Foster Garvey PC on 4/15/2021

“Happy” Tax Day to those of you here in the United States celebrating/commiserating (noting of course that certain taxpayers have until May 17 to file their returns this year). Like taxes, this installment of the Spotlight...more

Was Missguided Misguided? Kim Kardashian West Obtains $2.7 Million Judgment in Right of Publicity and Trademark Suit

International Lawyers Network on 9/19/2019

A federal district court in California has awarded a $2.7-million default judgment to Kim Kardashian West in her lawsuit against a fast fashion online retailer that allegedly used her persona and likeness to sell its...more

Can’t Say “I Ain’t Mad At Cha” for Copying Me

Knobbe Martens on 7/4/2017

On June 1, 2017, noted music and fashion photographer Danny Clinch filed suit in the Southern District of New York in connection with the use of two photographs of famed rapper Tupac Shukar (“Tupac”) on t-shirts. The...more

Celebrity Brands: The Line Between Fair Use and Infringement

Jaburg Wilk on 12/15/2016

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

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

Knobbe Martens on 11/17/2016

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

Celebrity Trademark Watch: Gift Bag Promoter Not Likely to Thank the Academy for Oscars Trademark Lawsuit

Celebrated film actors have it tough. After all, only two men and two women can take home a “Best” or “Best Supporting” acting Oscar each year. The lucky winners of 2016 will be announced this coming Sunday, February 28,...more

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

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