News & Analysis as of

Right of Publicity Name and Likeness

McDermott Will & Schulte

IRPA claims accrue at first publication, not first discovery

The US Court of Appeals for the Seventh Circuit confirmed that the single publication rule applies to claims brought under the Illinois Right of Publicity Act (IRPA), 765 ILCS 1075/1 et seq. Giovannelli v. Walmart Inc., Case...more

Offit Kurman

Actor Matthew McConaughey Registers Sensory Trademark “Alright, Alright, Alright” in Enforcement Effort Against AI Deepfakes

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Well-known actor Matthew McConaughey has attracted headlines following the registration of a number of trademarks, not just related to brands with which he may be associated, but also those that address his pop-culture...more

Davis Wright Tremaine LLP

New York State of Mind: Recent Laws in the Empire State Reshape How Content Creators and Advertisers May Use AI

On December 11, 2025, the same day the Trump Administration unveiled its Executive Order aimed at preempting state AI regulations, New York enacted two landmark laws targeting consumer-facing uses of AI. While applauded by...more

Skadden, Arps, Slate, Meagher & Flom LLP

Two Newly Enacted New York Laws Will Regulate Certain AI-Generated Images

An amendment to General Business Law (S. 8420) applies to any person or entity that produces or creates advertising content. If such advertisements feature a “synthetic performer” — defined as a digitally created asset using...more

Troutman Pepper Locke

New York Enacts Laws Requiring Advertising Disclosures and NIL Consent for Artificial Intelligence

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On December 11, 2025, New York Governor Kathy Hochul signed into law two bills governing the use of artificial intelligence (AI) in advertising. The governor’s office described the bills as “first-in-the-nation legislation to...more

Foley Hoag LLP - Making Your Mark

Marketing Meets IP: How to Stay Creative Without Crossing Legal Lines

In today’s fast-paced digital landscape, marketing teams are under constant pressure to create bold, engaging campaigns. But creativity often collides with legal risk, especially when referencing other brands, copyrighted...more

Proskauer Rose LLP

Three Point Shot - December 2025

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The famous acrobatic, ball-spinning exhibition basketball team, the Harlem Globetrotters (the “Globetrotters”), recently found itself playing defense, not on the hardwood (against their archrival, the Washington Generals) but...more

Loeb & Loeb LLP

The Sports Law Playbook: Q4 2025

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Happy holidays from The Sports Law Playbook, as we close out 2025 with a look at the forces redefining how sports are built, financed and protected. This quarter, we examine the rapid rise of emerging sports leagues,...more

Loeb & Loeb LLP

Listen: Digital Doppelgangers: Navigating AI and Likeness Rights

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In this episode of “Reel Talk: Inside the Business of Entertainment,” Anne Kennedy McGuire, deputy chair of the firm’s Entertainment practice and chair of the Podcast industry group, speaks with Brandon Bauman, chief strategy...more

Weintraub Tobin

The Briefing: The Man In Black v. Coca Cola: The New Soundalike Showdown

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Did Coca-Cola cross the line by using a Johnny Cash soundalike in its nationwide “Fan Work is Thirsty Work” campaign? In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Richard Buckley unpack the Cash...more

Kaufman & Canoles

AI and the Entertainment Industry

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In a dramatic reversal that signals a fundamental shift in how the music industry approaches artificial intelligence (AI), Warner Music Group (WMG) announced on Tuesday, December 2, 2025, that it has reached a deal with Suno,...more

Venable LLP

California's Updated Right of Publicity Statute Provides Increased Protection and Expedited Relief

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Last month, California Governor Gavin Newsom signed into law Senate Bill 683, which makes a significant addition to Civil Code § 3344, California’s Right of Publicity statute. With the amendment, § 3344 now expressly...more

Akerman LLP

Trademarks in Motion: Cole Palmer Shoots His Shot to Register Goal Celebration as Trademark in the U.S.

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When Chelsea midfielder Cole Palmer secured trademark protection in the United Kingdom for the motion of his now-familiar goal celebration, it became the latest example of athletes treating expressive gestures as brand...more

Troutman Pepper Locke

Potential Fourth Trial to Determine Punitive Damages in Trade Dress and Publicity Rights Infringement Case

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Punitive damages are on the line in a potential fourth trial between toy manufacturer, MGA Entertainment (MGA) and rapper T.I. and his wife (the Harrises)....more

Morrison & Foerster LLP

Digital Avatars Deep Dive Series: Navigating the Legal and Regulatory Landscape in 2025

In 2025, digital avatars are no longer a novelty—they are fast becoming central to commerce and entertainment. From digital replicas of real individuals to AI-generated personalities, companies are rapidly finding ways to...more

Lasher

The Right of Publicity: Protecting Your Name, Image, and Likeness in Washington State

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If you use names, images, or likenesses in your business, whether for advertising, endorsements, or creative projects, it is essential you understand Washington’s right of publicity laws. Here is what you need to know about...more

Seyfarth Shaw LLP

Beats Me – Intellectual Property Protection for Drum Parts

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I was driving to work with the music on shuffle. The next song came on and from the drums alone, I knew what it was — First Date by Blink-182. As a drummer and pop-punk aficionado, the snare drum and crash cymbal on all...more

Weintraub Tobin

The Briefing: Court Says “No Way” To 50 Cent’s Battle Over Skill House

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50 Cent’s two-minute cameo in the horror film “Skill House” turned into a full-blown legal battle over credits, contracts, and control. In this episode of The Briefing, Weintraub entertainment and IP attorneys Scott Hervey...more

Weintraub Tobin

(Podcast) The Briefing: Publicity Rights and the Law – Using Real People in Your Work

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Can you use a celebrity’s voice or image in your work? What about AI-generated versions? On this episode of The Briefing, Scott Hervey and Richard Buckley explore the right of publicity—how it protects names, likenesses,...more

Weintraub Tobin

The Briefing: Publicity Rights and the Law – Using Real People in Your Work

Weintraub Tobin on

Can you use a celebrity’s voice or image in your work? What about AI-generated versions? On this episode of The Briefing, Scott Hervey and Richard Buckley explore the right of publicity—how it protects names, likenesses,...more

Cranfill Sumner LLP

Why the NCAA Still Owns the Past: NIL, Copyright, and the Limits of Athlete Control

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The North Carolina Business Court recently dismissed a lawsuit brought by members of N.C. State’s legendary 1983 NCAA men’s basketball championship team in Members of N.C. State Univ.’s 1983 NCAA Men’s Basketball Nat’l...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - August 2025 #3

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A Connecticut Little League and its national parent company have pushed back against a group of parents accusing them of not properly training volunteer coaches, saying that the organization they represent does not actually...more

Fox Rothschild LLP

The NO FAKES Act: Including the Potential Federal Right of Publicity in Catalog Acquisitions

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Among the most dominant trends in the music industry over the past decade has been the proliferation of investment in catalogs of musical compositions and sound recordings. While many investors’ theses focus solely on the...more

Offit Kurman

Voice Actors Clear Early Legal Hurdle in AI Cloning Suit

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Voice actors received a rare, if incomplete, victory against alleged AI infringers in a recent opinion from an SDNY judge in Lehrman v. Lovo, Inc. Voice actors Paul Lehrman and Linnea Sage filed an action against AI...more

Loeb & Loeb LLP

Jackson v. Kavanaugh

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District court denies rapper 50 Cent’s motion to preliminarily enjoin release of horror film Skill House, holding plaintiff failed to show likelihood of success, or even serious questions, on merits of his right of publicity...more

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