News & Analysis as of

Commercial Use Advertising

Barnea Jaffa Lande & Co.

Using a Name without Permission: Privacy Infringement

About two years ago, McDonald’s advertised a sale on family-sized containers of ice cream called “Blast Ice Cream” in Israel. The advertisement’s headline was “Maayan will be happy to hear… Blast Party: Blast Ice Cream in a...more

Manatt, Phelps & Phillips, LLP

Three Best Practices to Prevent Brands and Influencers from Going Offside During the Super Bowl

With the Super Bowl, brands, advertisers, influencers and die-hard fans are ready for the big game. The sheer volume of content—including popular dances, trends and music—created to promote products and services in front of...more

BakerHostetler

Customer Mailing Lists and The (Attempted) Expansion of the Right of Publicity

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As discussed in the 2023 Data Security Incident Response Report, over the past several years a wave of lawsuits was brought alleging violations of customers’ right of publicity based on the sale of customer mailing lists. The...more

Saiber LLC

Social Media Influencers Beware!

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In Petunia Products, Inc. v. Rodan & Fields, LLC and Molly Sims, the United States District Court for the Central District of California held that a social media influencer - a person “presumed to have the power to affect the...more

Shutts & Bowen LLP

Drones in the Construction Industry

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In just a few short years, drones and the real-time data they collect have contributed to improvements across the construction industry, from overall project efficiency to visual progress reporting for clients and...more

Knobbe Martens

Use My Likeness? Over My Dead Body!

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On November 30, 2020, New York Governor Andrew Cuomo signed into law New York Senate Bill S5959D, an amendment to New York’s right of publicity law to provide the 40 year post-mortem right of estates of deceased celebrities...more

International Lawyers Network

The King Is Dead! Long Live The King!: Elvis Sightings, Taking Care of Business, And Rights Of Post-Mortem Publicity

Elvis sightings have had a long, storied life of their own since the King of Rock-and-Roll’s “death” was reported (or perhaps exaggerated (though neither greatly nor grossly)), in 1977. Indeed, since 1977, it has been claimed...more

Proskauer Rose LLP

New York Passes Law Recognizing Post-Mortem Right of Publicity and Creating Private Right of Action for Sexually Explicit...

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Celebrities domiciled in New York State at the time of their death will soon have a transferable post-mortem right of publicity, bringing the law in New York closer in line to several other states, like California, that...more

Patterson Belknap Webb & Tyler LLP

New York Passes Postmortem Right of Publicity Statute

On November 30, 2020, New York Governor Andrew Cuomo signed a new right of publicity statute into law, which will take effect 180 days after enactment. The law allows successors in interest of deceased “performers” and...more

Fish & Richardson

Legal Alert: New York Passes Post-Mortem Right of Publicity Law

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The “right of publicity” generally prohibits the commercial use of someone’s name or likeness. There is no federal right of publicity; rather, the right is governed by state law. There is a patchwork of state laws that govern...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2019

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Deregulation is the New Buzzword in Washington — Except in the Tech Industry - The past year has been a volatile one, from trade wars to the government shutdown to a stock market dive. One constant that U.S. businesses have...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Caution: Olympic Marks Ahead Staying In-bounds with the U.S. Olympic Comittee

Beginning February 9th, the eyes of those interested in athletic endeavor and spectacle will turn to Pyeong Chang for the 2018 Winter Olympic Games. As a brand owner, it is tempting to get caught up in and exploit the...more

Smart & Biggar

Celebrities, personality rights and privacy: what marketers need to know about permission

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William Shatner made headlines in November when he took to Twitter to express his displeasure that his name and likeness were used without his permission to promote a condo development in Hamilton, Ontario. The development in...more

Robinson+Cole Data Privacy + Security Insider

Tethered Drone Operator’s Part 107 Waiver Granted by FAA

A Columbus, Ohio based company, CivitasNow, has just become the second company ever (CNN was the first) to be granted a Part 107 waiver to fly drones over people by the Federal Aviation Administration (FAA). ...more

Jackson Walker

Coming Into Focus: Recent Decisions Help Define the Scope of Right of Publicity Claims

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When it comes to the right of publicity, it helps to keep tabs on California law. The right to prevent the unauthorized commercial use of a person’s name, likeness or other indicia of identity may vary from state-to-state....more

Buchalter

Like It or Love It: How Not to Get Pinned (Legally) When Using Social Media to Promote Your Brand

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Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great ways to interact with friends, family and potential customers. They are great avenues for advertising and promotion of one’s...more

Tarter Krinsky & Drogin LLP

Using a Person's Image for Commercial Purposes: Lessons Learned from the Chipotle $2.2 Billion Lawsuit

This month, a California woman sued Chipotle for $2.2 billion based on the burrito chain's unauthorized use of her photograph in its promotional materials. The $2.2 billion demand represents Chipotle's profits from 2006, when...more

Best Best & Krieger LLP

Drone on Drones: The Uncertain Line Between Commercial and Noncommercial Use

Under the FAA’s current framework, noncommercial uses of drones by hobbyists are not regulated outside of general safety restrictions. A drone hobbyist can use his or her craft as he or she wishes, so long as the drone is...more

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