Category Archives: right of publicity

kitsch doesn’t violate the right of publicity

Posted on February 25, 2015 by rtushnet

Rosa and Raymond Parks Institute for Self Development v. Target Corp., No. 2:13-CV-817 (M.D. Ala. Feb. 9, 2015)   The Parks Institute, a 501(c)(3) corporation, “owns the name and likeness of the late Rosa Parks,” an icon of the civil … Continue reading →

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Trademark/right of publicity questions of the day

Posted on February 23, 2015 by rtushnet

Via Mycokerewards: Do the referenced bands have any claims against Coke, assuming this was done without permission?  Does New Kids apply to a promotional site like Mycokerewards?  Do the comparisons/food jokes suffice for transformativeness? Coke’s “vote for your favorite food-inspired … Continue reading →

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IP question of the day, Harper Lee edition

Posted on February 4, 2015 by rtushnet

Amazon’s Write On is its project challenging Wattpad, trying to develop writers–including fan writers.  Participants aren’t compensated, but this is a commercial endeavor on Amazon’s part and presumably it will try to transition the successful ones to paid publishing.  So, … Continue reading →

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New article: images and the right of publicity

Posted on February 3, 2015 by rtushnet

Rebecca Tushnet, A Mask that Eats into the Face: Images and the Right of Publicity (38 Columbia J.L. & Arts, forthcoming 2015)   Abstract: In their eagerness to reward celebrities for the power of their “images,” and to prevent other … Continue reading →

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Is "following" on Twitter endorsement?

Posted on January 2, 2015 by rtushnet

If William Shatner is right, does Twitter have a false endorsement/right of publicity problem when it puts sponsored accounts into celebrities’ “following” lists, even with a disclaimer?  Does Twitter’s ToS do enough to insulate it from such claims?  Via +truthinadvertising.org … Continue reading →

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Rogers applies when film is simply named for character

Posted on December 29, 2014 by rtushnet

Valencia v. Universal City Studios LLC, No. 1:14–CV–00528, 2014 WL 7240526 (N.D. Ga. Dec. 18, 2014)   Valencia, professionally known as Honey Rockwell, sued Universal for invasions of privacy; fraud, false advertising, and unfair competition; and trademark dilution.   Valencia … Continue reading →

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Soul survivor: publicity and TM claims against recorded performance fail

Posted on December 17, 2014 by rtushnet

Cummings v. Soul Train Holdings LLC, 2014 WL 7008952, No. 14 Civ. 36 (S.D.N.Y. Dec. 12, 2014) This right of publicity/trademark case based on use of recorded performances to which the plaintiff didn’t own the copyright could’ve gone a lot … Continue reading →

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B&N almost entirely off the hook for copying backpack design

Posted on December 5, 2014 by rtushnet

Rubio v. Barnes & Noble, Inc., 2014 WL 6769150, No. 14–CV–6561 (S.D.N.Y Nov. 11, 2014) Rubio sued her alma mater, the Fashion Institute of Technology (FIT) and Barnes & Noble, Inc. for copying her original drawing of a backpack, producing … Continue reading →

Posted in copyright, dastar, http://schemas.google.com/blogger/2008/kind#post, right of publicity, standing, trademark, unfairness | Leave a comment

unauthorized photo use doesn’t create false advertising claim for photo owners

Posted on November 5, 2014 by rtushnet

Avalos v. IAC/Interactive Corp., No. 13-CV-8351 (S.D.N.Y. Oct. 30, 2014) Meltech, a web design and modeling company, sued defendants for allegedly unauthorized use of photos of models in fake online dating profiles on dating sites (e.g., Match.com, Chemistry.com, and OkCupid.com).  … Continue reading →

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Might of publicity?

Posted on November 3, 2014 by rtushnet

Using Michelle Obama’s arms to sell training services: Want Michelle Obama’s Arms? Or Better?! training flyer H/T and photo by Zach Schrag. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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