Tag Archives: right of publicity

Right of Publicity, Litigating the Claims

Posted on June 4, 2018 by

Litigating the Claims Rick Kurnit: told the story of litigating the White case, in which the author of the panel opinion didn’t know what a letter-turner was. Had to go to trial with a jury, all of which regularly watched … Continue reading →

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Right of Publicity panel, Abrams Institute for Freedom of Expression

Posted on June 4, 2018 by

From Yale Law School’s Abrams Institute for Freedom of Expression Commercial Speech and the First Amendment: Does the Right of Publicity Transcend Commercial Speech? Jennifer Rothman: Right of Publicity? Right of Privacy? Rothman gave a keynote summarizing highlights of her … Continue reading →

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The truth is out there, but it might violate the right of publicity

Posted on April 9, 2018 by

Scott v. Citizen Watch Co., No. 17-cv-00436-NC, 2018 WL 1626773 (N.D. Cal. Apr. 4, 2018) This case would be the poster child for the need for a true reckoning between modern right of publicity law and the modern First Amendment, … Continue reading →

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Feud lawsuit foiled, but questions about transformativeness remain

Posted on March 27, 2018 by

De Havilland v. FX Networks, LLC, No. B285629 (Cal. Ct. App. Mar. 26, 2018) Reversing the trial court’s refusal to dismiss Olivia de Havilland’s right of publicity and false light claims against FX’s show Feud, the California court of appeals … Continue reading →

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Truthful identification of performance defeats Illinois publicity claim

Posted on March 19, 2018 by

Martin v. Wendy’s Int’l, Inc., — Fed.Appx. —-, 2018 WL 1225470, No. 17-2043 (7th Cir. Mar. 9, 2018) “Guinness World Records lists Johannes “Ted” Martin as the record holder for consecutive kicks of a footbag.” He sued Wendy’s International and … Continue reading →

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unauthorized sale of model’s photos leads to internally inconsistent TM/ROP ruling

Posted on March 9, 2018 by

Passelaigue v. Getty Images (US), Inc., 2018 WL 1156011, No. 16-CV-1362 (S.D.N.Y. Mar. 1, 2018) Elodie Passelaigue is a professional fashion model who sued under the Lanham Act, Washington state law, and New York law against Getty, Bill Diodato Photography, … Continue reading →

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False endorsement: some bad questions to ask in a survey

Posted on February 23, 2018 by

Gibson v. BTS North, Inc., 2018 WL 888872, No. 16-24548 (S.D. Fla. Feb. 14, 2018) Plaintiffs are professional models, actresses, and/or businesswoman who earn their livings by promoting her image, likeness, and/or identity to select clients, commercial brands, media, and … Continue reading →

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