News & Analysis as of

Right of Publicity Intellectual Property Litigation

ArentFox Schiff

The High Stakes of NILs: MLB Players Inc. Challenges DraftKings and bet365 Over NIL Rights

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In a legal clash between MLB Players Inc. (MLBPI) and sports betting companies, DraftKings and bet365, the US District Court for the Eastern District of Pennsylvania denied the defendants’ motions to dismiss....more

Troutman Pepper Locke

Is the Third Time the Charm? Court Awards $71.4M in Contentious Trade Dress and Publicity Rights Dispute

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Imitation may be considered the sincerest form of flattery, but in the world of intellectual property (IP), it might cost you....more

McDermott Will & Emery

Family Feud: Counterclaims Too Little, Too Late

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The US Court of Appeals for the Seventh Circuit affirmed a district court’s ruling that aggrieved family members’ counterclaims for various intellectual property matters were long overdue and subject to a laches defense....more

Foley Hoag LLP - Making Your Mark

Name That Artist: How AI Music is Shaping the Right of Publicity

Every industry today is abuzz with the possibilities of artificial intelligence, and music is no exception. In the year since the AI-generated hit “Heart on My Sleeve,” courts have started to tackle AI issues in the arts...more

Proskauer - New Media & Technology

The King is Back (in the Digital Era) | The ELVIS Act, Generative AI and Right of Publicity

On March 21, 2024, in a bold regulatory move, Tennessee Governor Bill Lee signed the Ensuring Likeness Voice and Image Security (“ELVIS”) Act (Tenn. Code Ann. §47-25-1101 et seq.) – a law which, as Gov. Lee stated, covers...more

Foley Hoag LLP - Making Your Mark

Trailblazers, OutKasts, and Iconic Brands: The INTA Annual Meeting in Atlanta

The INTA Annual Meeting is here! As one of the largest gatherings of trademark professionals from around the world, the INTA Annual Meeting offers opportunities for networking, education, and collaboration. Against the...more

ArentFox Schiff

Voice to be a New Property Right of Musical Artists to Protect Against Unauthorized “Soundalikes”

ArentFox Schiff on

Proposed bills at the federal and state level were announced January 10, both intended to protect recording artists and the music industry from unauthorized “soundalike” vocals created using artificial intelligence (AI)...more

Arnall Golden Gregory LLP

The Pitch - July 2022

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Arnall Golden Gregory LLP

The Pitch - January 2022

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

McDermott Will & Emery

No Immunity: State Right of Publicity Law is § 230 “Law Pertaining to Intellectual Property”

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The US Court of Appeals for the Third Circuit held that § 230 of the Communications Decency Act, 47 U.S.C. § 230(c), does not preclude claims based on state intellectual property laws, reversing in part a district court’s...more

ArentFox Schiff

Evel Knievel Trademark Stunt Falls Short: Disney’s Toy Story 4 Character Found Non-infringing

ArentFox Schiff on

A federal district court judge recently dismissed infringement claims brought against Disney and Pixar over the daredevil character Duke Caboom featured in Toy Story 4. A year ago, Evel Knievel's son filed the case as head of...more

Foster Garvey PC

Intellectual Property Rights in the Crosshairs as Lawsuits Involving Disney and Facebook Surface

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- What will the “Endgame” be for the lawsuit between Walt Disney Company and former Marvel comic book creators? In the spring of this year, a host of famed artists and illustrators of Marvel characters such as Iron Man,...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2018

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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

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