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Right of Publicity First Amendment Athletes

Latham & Watkins LLP

NFTs and the Right of Publicity: Assessing the Legal Risks

Latham & Watkins LLP on

NFT creators should craft strategies to avoid minting or auctioning NFTs that use the likeness of an individual without their consent. As non-fungible tokens (NFTs) increase in popularity, the so-called common law “right of...more

ArentFox Schiff

Court Body-Slams Wrestler’s Claim That Gears of War Video Game Character Infringed His Publicity Rights

ArentFox Schiff on

Lenwood Hamilton, also known as Hard Rock Hamilton, claimed that Gears of War character Augustus Cole infringed his publicity rights because the video game character had a number of features he felt were identified with him....more

Butler Snow LLP

Fantasy Sports Operators, DraftKings and FanDuel, Cleared to Use Players’ Names, Pictures, and Stats without Their Consent Because...

Butler Snow LLP on

On October 24, 2018, the Indiana Supreme Court ruled that online fantasy sports operators, DraftKings, Inc. and FanDuel, Inc., were permitted to use former collegiate athletes’ names, pictures, and statistics without their...more

Dorsey & Whitney LLP

U.S. Supreme Court Punts on Dispute Involving NFL Players’ Publicity Rights

Dorsey & Whitney LLP on

The Supreme Court passed on an opportunity to review a recent appellate court decision holding that a video game publisher is not protected by the First Amendment for using the likenesses of former NFL football stars in the...more

Dorsey & Whitney LLP

Former NFL Players’ Right of Publicity Claims Get Sidelined—Will We Hear From The Replay Officials?   

Dorsey & Whitney LLP on

In Dryer v. The National Football League, three former gridiron gladiators who played in the NFL had their claims for right of publicity under state law tossed out by the Eighth Circuit Court of Appeals. These three players...more

Foley Hoag LLP - Trademark, Copyright &...

Right of Publicity Claims by Athletes Nearly Shut Out in 2015

When we published our Sue-per Bowl post, 2015 looked like it would be a good year for right of publicity claims brought by athletes. On January 6, 2015, the Ninth Circuit in Davis v. Electronic Arts held that the First...more

Manatt, Phelps & Phillips, LLP

NFL Films Ruling Blurs Right of Publicity

Earlier this year the Seventh Circuit stated that “there is no judicial consensus on how to resolve conflicts between intellectual-property rights and free-speech rights.” Jordan v. Jewel Food Stores, Inc., 743 F.3d 509, 514...more

Farella Braun + Martel LLP

Balancing Freedom Of Expression And The Right Of Publicity: Implications For The Future Of Interactive Entertainment

Freedom of expression bowed to the right of publicity on July 31, 2013, when a divided panel at the Ninth Circuit ruled that college athletes could proceed in litigation against Electronic Arts (“EA”) for making sports-based...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Fumbles The Ball In Videogame Likeness Cases

Creating a new rule that gives videogames much more limited protection than other expressive works, the Ninth Circuit has ruled that realistically depicting college athletes in videogames showing them doing what they became...more

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