News & Analysis as of

Name and Likeness Right of Publicity Celebrity Endorsements

Kelley Drye & Warren LLP

NBA Hall of Fame Player Sues Over Unauthorized Use of Image

Dominique Wilkins is an NBA Hall of Fame basketball player known for his acrobatic slam dunks and, after retirement, for his commentary during televised Hawks games. Wilkins also suffers from diabetes and has been an advocate...more

Morgan Lewis

Sports Sponsorship Agreements in the Digital Age

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Technological advances and changes prompted by COVID-19 have driven an evolution in sports sponsorship agreements, from traditional advertising to a digital-heavy and more accessible sponsorship environment. But with those...more

Kelley Drye & Warren LLP

50 Cents, a Euphemistic Eggplant, and the Right of Publicity

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Celebrities generally don’t like when companies use their images or names without permission. For example, Jennifer Love Hewitt didn’t love when a company used her image to promote a vitamin spray, and Michael Jordan seemed...more

Foster Garvey PC

Sports & Entertainment Spotlight: Boosters in NIL Collectives Are Taking Full Advantage of Using NIL as a Recruiting Tool, and...

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Welcome back to the "Spotlight," welcome back to allergy season and welcome back, Kotter (I swear I’m younger than that reference would indicate). At any rate, this weekend, I am looking forward to welcoming Broadway back to...more

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Roller Derby Team Sues Cleveland Guardians for Alleged Trademark Infringement Over Use of Team Name

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Back to our regularly scheduled programming: Fresh off of my paternity leave in which feeding and putting to sleep my baby was my charge, I have the distinct privilege of resuming my commentary portion of the Spotlight. With...more

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Sedona Prince from Oregon Ducks Dubbed the Poster Child of NIL

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- NIL (name, image, likeness) continues to captivate headlines as athletes forge ahead with profit-churning ventures while still in school thanks to the NCAA’s new rules. Sedona Prince of the Oregon Ducks is a rock star as...more

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It May Be “Simply the Best” that Tina Turner Sells Her Iconic Catalog to BMG

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- Tina Turner signed the rights of her iconic music catalogue spanning 60 years, including her name, image and likeness to a German music company, BMG. While Warner Music record label still manages her record, is this a sign...more

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Universal Music Group’s Blockbuster IPO on European Stock Exchange Signals Music Biz Resurgence

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- There is that sweet sound of music as Universal Music Group’s IPO debuted as the largest in the history of the music business, with the listing on Euronext Amsterdam valuing the company at more than $53 billion. The stock’s...more

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Ongoing Strife Between Studios and Talent Continues as Christopher Nolan Ends Nearly Two-Decade-Long Relationship With Warner...

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- Esteemed filmmaker Christopher Nolan’s decision to leave his 19-year-long relationship with Warner Bros. for Universal to make his next film (about Robert Oppenheimer and the creation of an atomic bomb) continues to...more

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With Cryptocurrencies and NFTs Continuing to Boom, Financial Regulators Are Clamping Down

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- With crypto investment frauds on the rise, the U.S. Securities and Exchange Commission sent a warning to investors and published an investor alert listing out possible signs of a scam. Along similar lines, a Bloomberg...more

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As Streaming Continues to Surge, More Backend Compensation Disputes Between Talent and Studios Likely to Follow

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- Beyoncé’s announcement of building a hemp farm (together with a honey farm) brings the perceived health benefits of CBD even further into the mainstream. Could this momentum ultimately lead to positive conversations around...more

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Sports & Entertainment Spotlight: Can Celebrity Endorsements Influence Perceptions Around the COVID-19 Vaccine?

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- As the pandemic continues, the question arises: Could celebrities be the key to getting the country vaccinated? - Seemingly everyone is coming up a winner in the music business with the top three major companies bringing...more

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Sports & Entertainment Spotlight: The Steady Evolution of Athlete Endorsement and Sponsorship Markets and the Latest Household...

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Some of this week's highlights include: - Emerging trends are showing signs of change in the sponsorships and endorsement markets. A segment once largely overlooked, athletes in the LGBTQ+ community are finally ringing in...more

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Sports & Entertainment Spotlight - July 2021

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Just months after breathing life into to the "Sports & Entertainment Spotlight," I am (well, my wife is) giving birth to a new creation — a baby boy. As such, I will be taking a break from the usual commentary (sleep...more

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Sports & Entertainment Spotlight: Why the risks of holding the Tokyo Summer Olympic Game remain high, and how PGA Tour golfer...

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Strange as it may be, with vast majority of the world still reeling from the COVID-19 pandemic, we are on the eve of the opening ceremony for the “2020” Tokyo Summer Olympics. Olympic games in “normal” times are logistical...more

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Sports & Entertainment Spotlight: Risks of NIL Pitfalls Prove Greater Than ‘NIL’

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Just two weeks into the name, image, and likeness (NIL) era in college sports, and we are already starting to see not only novel and creative partnerships, but also the emergence of legal gray areas and pitfalls for college...more

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Sports & Entertainment Spotlight: The Banning of Olympic-Hopeful Sha’Carri Richardson Sparks Discussion Regarding Marijuana...

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Laws — like people — are imperfect. They can be slow to adapt to evolving societal norms, and worse still, their application can yield unjust outcomes. Indeed, look no further than this past week’s developments involving...more

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Sports & Entertainment Spotlight: The Dawn of the NIL Era in College Sports

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Well, today is the big day. If you’re reading this week’s installment of the Spotlight, it means that you survived the long and arduous journey of the name, image and likeness (NIL) era in college sports. Indeed, with the...more

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

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“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

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Sports & Entertainment Spotlight: What the Recent Senate Hearing Might Mean for a Federal NIL Law as State Laws Go Into Effect on...

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As we inch closer to the summer solstice here in the Northern Hemisphere (the first day of summer for those of you who were asleep in science class), the heat is not rising only on the thermometer, but also in the halls of...more

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Sports & Entertainment Spotlight - June 2021 #2

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Less than three weeks remain for either the National Collegiate Athletic Association (NCAA) or for Congress to act to stem the impending chaos on July 1 when college athletes’ name, image and likeness (NIL) laws go into...more

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Sports & Entertainment Spotlight - June 2021

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Athletes and entertainers are people, too. Albeit, incredibly talented people, but deserving of the same treatment with dignity and respect as how we would want ourselves to be treated. For better or worse, sometimes their...more

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Sports & Entertainment Spotlight - May 2021 #4

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Throughout the United States, people are eagerly preparing for this Memorial Day Weekend (MDW), which marks the unofficial start of summer (not to mention those who made the ultimate sacrifice for the country). If you listen...more

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Sports & Entertainment Spotlight - May 2021 #3

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As readers from last week will recall, we spent some time examining the notion of credibility. One week later, we’re witnessing what credibility (or lack thereof) hath wrought on our subjects. Bob Baffert? Banned from New...more

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Sports & Entertainment Spotlight - May 2021 #2

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The word of the week for this edition is “credibility.” In the courts of law and public opinion, credibility (or the quality of being trusted and believed in) is everything. Just ask famed Triple Crown horse trainer Bob...more

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