News & Analysis as of

Misappropriation Name and Likeness

Troutman Pepper Locke

Former Last Chance U Athletes Sue School, Netflix Over Alleged NIL Violations

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Six former East Mississippi Community College football players who appeared in the documentary series Last Chance U have sued the school, Netflix, the National Junior College Athletic Association (NJCAA), and the...more

Sheppard Mullin Richter & Hampton LLP

Lovo “Voices” Opposition to Suit Over “Kitchen-Sink” Approach to Alleged AI Voice Cloning

Defendant Lovo has moved to dismiss an amended complaint alleging that the voice actor Plaintiffs’ voices were unlawfully cloned by Defendant Lovo’s AI Voice Generator. Plaintiffs allege that Lovo’s CEO stated on a podcast...more

Erise IP

What’s Trending in Trademarks, October 2024: T.I., Tiny Win $71.5M Verdict for OMG Girlz, Second Circuit Holds Against 1-800...

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Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Third...more

Foley & Lardner LLP

Tailoring Compliance Before AI Walks The Runway

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Generative AI tools such as DALL-E 2, Midjourney and Stable Diffusion are increasingly being used to produce static 2D images, and technology from companies like Runway AI Inc., which recently hosted its second annual AI Film...more

Vondran Legal

South Coast Botanic Garden Foundation Sued for Right of Publicity Violation

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Vondran Legal® News: We have recently filed suit in the Los Angeles Superior Court against the South Coast Botanic Garden Foundation. Amazingly, they used photographs of two Defendants (who are working professionals who...more

Benesch

Tennessee Governor Signs into Law First-of-its-Kind Bill Addressing AI Misappropriation of Voices, Images, and Songs

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Beginning July 1, 2024, Tennessee musicians and artists will have an additional layer of protection for their voices and songs from generative AI cloning models and services that enable human impersonation and create...more

Baker Donelson

New Legislation Proposed in Tennessee to Protect Against Deepfakes: ELVIS Act

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Recent advances in technology and artificial intelligence have the power to completely disrupt the world of advertising, media, music, sports, and entertainment by manipulating digital content to create synthetic photos and...more

Adams & Reese

Coverage Stripped Bare: The Fifth Circuit Holds True to the Eight Corners Rule

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In a recent ruling, the United States Court of Appeals for the Fifth Circuit determined that an insurer owed no defense and indemnity to three strip clubs that had previously been sued for misappropriating the images of...more

Fox Rothschild LLP

The Taylor Swift Effect

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Whether you’re a Taylor Swift die-hard fan or not, you can’t deny that her marketing power is second to none. And not just for her own music and brand promoted by herself. I am uncertain if anyone has gotten to the bottom...more

Ballard Spahr LLP

N.Y. Appeals Court Rejects Misappropriation Claim Over 'Romeo Killer' Docudrama

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Summary - A New York appeals court ruling on June 24 in the Porco v. Lifetime case provides much-needed clarity to film and television producers and entertainment companies that docudramas blending true facts with dramatic...more

Robinson+Cole Data Privacy + Security Insider

Ancestry.com Prevails in Yearbook Database Class Action

This week, Ancestry.com Inc. prevailed in a class action which alleged that it misappropriated consumers’ images and violated their privacy by using such data to solicit and sell their services and products. ...more

Foster Garvey PC

Sports & Entertainment Spotlight - April 2021 #2

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Happy Thursday and a big congratulations to the Stanford Cardinal and the Baylor Bears on their respective NCAA Women’s and Men’s Basketball Tournament wins (the latter of which helped yours truly place second in our Firm’s...more

Fenwick & West LLP

Who Owns a Photograph in the Social Media Age?

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Although a generally well-settled question of law, a string of recent cases has renewed interest in a common question: Who owns a photograph? Of course, this question is not novel, but the rise of social media and the greater...more

Robinson+Cole Data Privacy + Security Insider

Ancestry.com Sued in Class Action for Using Data from Yearbooks

Ancestry.com (Ancestry) was sued on November 30, 2020, in a putative class action case filed in the Northern District of California for “knowingly misappropriating the photographs, likenesses, names, and identities of...more

Jackson Walker

Coordinating What Can’t Be Unseen: Forming a Thorough Online Strategy

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Social media platforms such as Instagram and Twitter are essential to any successful modern marketing and outreach strategy. But the pursuit of turning likes and shares into dollars and cents is not without its risks. For...more

Sunstein LLP

May 2019 IP Update: IP Considerations For Distinctive Moves and Other Content in Video Games

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Several entertainers, including Brooklyn rapper 2 Milly, Alfonso Ribeiro, and Instagram’s “Backpack Kid” and “Orange Shirt Kid”, sued Epic Games, Inc., the owner of the popular game Fortnite. What do all of these individuals...more

Blank Rome LLP

Right of Publicity Laws: Maryland

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A Q&A guide to Maryland right of publicity laws. This Q&A addresses the types of persons and aspects of identity protected by the right of publicity, remedies for violations of the right, defenses to right of publicity...more

BCLP

From East Coast to West Coast: Actresses Lose Right of Publicity Cases as Courts Rule in Favor of the First Amendment Rights of...

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The end of March brought favorable rulings – from opposite coasts – for right of publicity defendants. In both de Havilland v. FX Networks, et al., Case No. B285629, 2018 WL 1465802 (Cal. Ct. App. Mar. 26, 2018) and Lohan v....more

Dorsey & Whitney LLP

Grand Theft Auto 5 Has Many Different Characters, But Lindsay Lohan Is Not One of Them

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When you play the video game Grand Theft Auto 5 (“GTA 5”), the last thing you want to see is a reflection of yourself. GTA 5 is an action-adventure game that rewards the player for stealing cars and speeding away from cops....more

Gray Reed

Great Pic! But Can You Use It?

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Running for office, Starr Struuck sent out a campaign newsletter extolling her qualifications and a list of reasons why she should be elected rather than her incumbent opponent. Prominently displayed in her newsletter and...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

Foley Hoag LLP - Making Your Mark

“A Gronking To Remember” Plaintiffs Lose Right Of Publicity Appeal

For those of you in desperate need of Christmas present ideas for a New England Patriots fan, you can rest assured that your ironic backup option – a copy of the romance novel, A Gronking to Remember – is still available for...more

Miles & Stockbridge P.C.

Cleveland Brewery’s Use of His Likeness Not Very Well Liked by Lebron James

Yesterday, it was reported by the Bleacher Report that Cleveland Cavaliers basketball star, Lebron James, was displeased with the fact that a brewer located in the Cleveland, Ohio area, Great Lakes Brewing Company may have...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2016

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Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

Kelley Drye & Warren LLP

Straight Outta the Central District: The First Amendment Shields Straight Outta Compton Filmmakers from Misappropriation of...

The filmmakers of 2015’s Straight Outta Compton, the biopic chronicling the career of hip-hop sensation N.W.A., scored a key victory in the Central District of California last Wednesday in the case of Heller v. NBCUniversal,...more

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