News & Analysis as of

Right of Publicity

Seventh Circuit Hands the Ball to State Supreme Court

by McDermott Will & Emery on

The US Court of Appeals for the Seventh Circuit asked the Indiana Supreme Court to weigh in on whether the state’s right-of-publicity law gives athletes a right to challenge fantasy sports companies’ websites for using their...more

AD-ttorneys@law

by BakerHostetler on

In This Issue: - “Save the Babies!” Cries International Computer Science - Hat Company, FTC Settle “Made in USA” Suit - FTC Takes a Bite out of Tooth Scammers - YouTube Celeb Accuses Former Collaborator of Abuse...more

Will New York Expand Publicity Rights Law?

The New York Legislature is weighing a new bill that would expand the state’s publicity rights law—and the Association of National Advertisers (ANA) is pushing back....more

Lohan Loses (Yet Another) Publicity Rights Suit

Lindsay Lohan has lost yet another publicity rights lawsuit, this time in New York’s highest court....more

AD-ttorneys@law

by BakerHostetler on

In This Issue: - Proposed US Consumer Internet Privacy Legislation Threatens Digital Advertising - DJ Khaled Alcohol Endorsements Exposed, Says TINA - 4A’s and Agencies Issue APB on Unsafe Ad Environments - Astronaut’s...more

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

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

The Black Hole of Misappropriation: Astronaut’s Right of Publicity and Trademark Claims Survive Summary Judgment

Is astronaut David Scott more like fellow astronaut Buzz Aldrin or NASA pilot Chuck Yeager? Scott was the Commander of the Apollo 15 mission and the seventh person to walk on the moon, so the obvious answer is Aldrin....more

Intellectual Property Bulletin - Spring 2018

by Fenwick & West LLP on

Bitcoin is often portrayed as an untraceable method of payment that facilitates illicit activities by enabling criminals to make and receive payments without being tracked. This depiction implies that users transacting in...more

de Havilland vs Feud – FX Wins Round in California Court of Appeal

by Dorsey & Whitney LLP on

It is hard to imagine that any one person could initiate separate lawsuits resulting in decisions of substantial importance to the entire U.S. entertainment industry. And when that person is iconic actress Olivia de...more

No SpielBurgers for you! Steven Spielberg Shuts Down Unauthorized Use of His Name

by Kelley Drye & Warren LLP on

Last week, Carl’s Jr. announced that in honor of Steven Spielberg’s new movie, Ready Player One, they would change the name of their Charbroiled Sliders to “SpielBurgers.” They tweeted: “@StevenSpielberg hasn’t signed off...more

Seventh Circuit Punts Publicity Rights Dispute

The U.S. Court of Appeals for the Seventh Circuit recently turned to the Indiana Supreme Court for guidance on the issue of publicity rights in a case involving online fantasy sports games....more

For Frankie Carbone, Crime Doesn’t Pay

by Jackson Walker on

“As far back as I can remember, I always wanted to be a gangster” declares stool pigeon Henry Hill in the opening scene of Martin Scorsese’s mob classic Goodfellas. Complementing the iconic performances of Robert De Niro, Ray...more

Food & Beverage Litigation Update | March 2018 #3

USDA Withdraws Organic Livestock and Poultry Rule - The U.S. Department of Agriculture (USDA) has issued a final rule withdrawing the Organic Livestock and Poultry Practices Rule, leaving existing organic regulations in...more

AD-ttorneys@law

by BakerHostetler on

In This Issue: - Thelonious Monk Estate Hornin’ In on Right of Publicity Trial - FTC Continues Inexorable Diet-Supplement Crusade - Ken’s Foods Sued for Slippery Olive Oil Claims”...more

Great Pic! But Can You Use It?

by Gray Reed & McGraw on

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

“Brother Thelonious” Monk’s Likeness Protectable Decades After Death

Earlier this month, a California federal judge kept alive a suit brought by the estate of famous jazz musician Thelonious Monk against North Coast Brewing Co. for trademark infringement and infringement of the right of...more

Decision Invoking GAME OF THRONES – There Is No Middle Ground

A United States Magistrate Judge in Northern California relied on the Game of Thrones where there is no “Middle Ground” in rendering his decision to award attorneys’ fees for the work spent on all claims brought by former...more

#GoldMedalEnforcement

Tonight is the start of the 23rd Winter Olympic Games in Pyeongchang, South Korea. For the next month, people will cheer and support their country’s athletes as they engage in physical feats that seem to defy human...more

About that Dodge Super Bowl Ad

by Dorsey & Whitney LLP on

Did you catch that Dodge commercial everyone is talking about with the Rev. Dr. Martin Luther King Jr. voiceover? Many viewers took to Twitter last night to express their belief that the use of the speech to sell trucks was...more

ANA Seeks Modification of New York’s Publicity Rights Bill

The New York legislature is weighing a new bill that would expand the state’s publicity rights law—and the Association of National Advertisers (ANA) is pushing back....more

Sue-per Bowl Shuffle IV: The Year In NFL-Related Intellectual Property Litigation

If you are a lawyer, there is a serious danger that someone at the Super Bowl party you attend is going to want to talk about an NFL-related legal issue. Did Cowboys owner Jerry Jones really have standing to challenge...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

California Court Unfriends Rapper’s ROP Claims

by McDermott Will & Emery on

The Court of Appeals for the State of California upheld a trial court decision granting defendant’s motion to strike under California’s anti-SLAPP statute but remanded the position denying defendant’s motion to strike the...more

Claim Is Gone With The Wind At Death

Two time academy award winner Olivia de Havilland seeks an expedited trial for the lawsuit involving her right of publicity. Olivia de Havilland, DBE v. FX Networks, et al, BC667011 (Superior Ct. Calif., June 30, 2017). The...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

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