News & Analysis as of

Name and Likeness

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by BakerHostetler on

The internet of things – the holy grail of tech enthusiasts and bane of dystopian prophets – has established yet another beachhead in its presumably inevitable march toward whatever future awaits us: toys. Take, for...more

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

by Smart & Biggar on

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

Education Newsletter: Volume 2 Number 1

by Dickinson Wright on

ARIZONA - Chandler, Arizona - In August and September reports came to light of victims of alleged hazing and sexual assault at Hamilton High School. The reported incidents were shocking. Assaults occurred between...more

“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

Distillations: Trapped

by Fish & Richardson on

A recently-filed trademark infringement case out of California offers something of a cautionary tale on one of the oldest maxims of law and business: Get It In Writing. Thelonious Monk, Jr., son of the jazz legend, has...more

The Internet Stole My Face: New Advances in Technology Could Make Everyone a Digital Video Puppet

“Believe nothing you hear, and only one half that you see.” Edgar Alan Poe wrote those words over a century ago, yet if he were alive today he may opt for the darker: “Believe nothing you hear and nothing you see.” Over the...more

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

by Jackson Walker on

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

Former Band Member Sues The Roots

by Brooks Pierce on

Frank “Knuckles” Walker, a musician and percussionist best known as a former member of the band The Roots, recently filed a lawsuit against his former band members and others. A copy of the complaint is available here....more

AD-ttorneys@law

by BakerHostetler on

“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

Advertising Law - August 2017

U.K. to Ban Gender Stereotypes in Ads - Gender stereotypes in advertising will be banned as a result of new guidelines that will be promulgated by the main advertising regulators in the United Kingdom and go into effect in...more

AD-ttorneys@law

by BakerHostetler on

Consumer David Greenstein is pursuing excessive slack-fill claims against the producer of popular puffed rice and corn snack food Pirate’s Booty. Greenstein, who is representing himself in the lawsuit, claims to have...more

Media Law Bulletin: “All I’ve Got Is a Photograph” — Copyright Law’s Preemption of Right of Publicity Claims

by Sedgwick LLP on

The names and likenesses of celebrities, athletes and other public figures can be extremely valuable, as evidenced by the premium prices paid by many companies for celebrity endorsements and celebrity-branded goods. Think...more

Intellectual Property Law - July 2017

SCOTUS: For Patent Venue, Domestic Corporations ‘Reside’ Where Incorporated - Why it matters: On May 22, 2017, the Supreme Court issued its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC—rejecting...more

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

by Knobbe Martens on

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

Absent Commercial Use, Copyright Law Likely Preempts Right of Publicity Claims

by McDermott Will & Emery on

In a right of publicity case, the US Court of Appeals for the Ninth Circuit upheld a district court decision granting a motion to strike under California’s anti-SLAPP statute on the basis of copyright preemption. Maloney v....more

What Would the Perfect Employee Agreement Look Like?

Lawyers strive for perfection in their work, but time constraints, budgets, and other factors work against us. Also, perfection is not always the same thing in every circumstance. It is interesting, however, to contemplate...more

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

by Miles & Stockbridge P.C. on

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

Navigating the Lifecycle of an Eponymous Brand (Part 3)

In this three-part series, we identified three distinct seasons in the lifecycle of an eponymous brand: (1) Choosing the Brand, (2) Commercializing the Brand, and (3) Legacy of the Brand. In Part 1, we discussed what is at...more

Advertising Litigation Report: Vol. 2, No. 2 - Lanham Act False Advertising

Summary Judgment Affirmed for Defendant in Lanham Act Challenge to Statements Concerning Popularity of Advertiser’s Product, Scarcity of Challenger’s Product: Verisign, Inc. v. XYZ.COM LLC, 848 F.3d 292 (4th Cir. 2017)...more

Intellectual Property Bulletin - Spring 2017

by Fenwick & West LLP on

It’s Dangerous to Go Alone! Take This. Intellectual Property Tips for the Esports Industry - With the annual Game Developers Conference spectacular in our rearview mirror, and the NBA’s partnership with Take-Two to launch...more

Advertising Law - April 2017 #3

Amazon, FTC Reach Deal Over In-App Charges - Amazon and the Federal Trade Commission have agreed to drop their appeals in a lawsuit accusing the online retailer of billing consumers for unauthorized in-app charges incurred...more

Social Media Showdown II

by Sherman & Howard L.L.C. on

TheBlaze, Inc. and Glenn Beck (collectively “TBI”) have squared off against Tomi Lahren over a Facebook page. As reported earlier, Lahren sued TBI, claiming among other things, that they were blocking her access to social...more

#ShowMeTheMoney: Sofia Vergara’s Settlement of Social Media False Endorsement Lawsuit Highlights Modern Legal Issue

Last month, Sofia Vergara, star of ABC’s Modern Family, reached a settlement in a lawsuit brought by the actress against beauty company Venus Concept for alleged improper use of her likeness on television and in social media,...more

Three Point Shot - April 2017

by Proskauer Rose LLP on

Premier League Takes the Pitch in Fight against Pirated Streams - The United Kingdom's most popular soccer league is using skillful legal tackling to maintain possession of its intellectual property. The Football...more

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

by Fenwick & West LLP on

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

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