Tag Archives: right of publicity

Reading list: right of publicity

Posted on June 27, 2017 by

Mark Bartholomew, The Political Economy of Celebrity Rights  Whittier Law Review, Forthcoming Abstract: This essay discusses how the right of publicity became such a robust property right — much more far-reaching than analogous rights in copyright or trademark. One cannot … Continue reading →

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New piece on the right of publicity and its limits

Posted on June 10, 2017 by

Rebecca Tushnet, Raising Walls Against Overlapping Rights: Preemption and the Right of Publicity, 92 NOTRE DAME L. REV. 1549 (2017). from Blogger http://ift.tt/2s6h652

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court allows company to bring right of publicity claim

Posted on May 5, 2017 by

Youngevity Int’l, Corp. v. Smith, No. 16-cv-00704, 2016 WL 7626584 (S.D. Cal. Dec. 1, 2016) Youngevity and Dr. Joel D. Wallach sell various health supplements using independent direct sellers known as “distributors” to move product. The individual defendants were former … Continue reading →

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Copyright preemption and the right of publicity in the 9th Circuit

Posted on April 6, 2017 by

Maloney v. T3Media, Inc., No.15-55630 (9th Cir. Apr. 5, 2017) Welp, the Ninth Circuit manages to gum things up again in the right of publicity/copyright intersection.  To the extent that, post-Reed, the right of publicity has to survive strict scrutiny … Continue reading →

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when is a law firm “national”? hub-and-spoke firm finds out

Posted on February 14, 2017 by

Cochran Firm, P.C. v. Cochran Firm Los Angeles, LLP, 2016 WL 6023822, No. CV 12-5868 (C.D. Cal. Aug. 18, 2016) Previous 9th Circuit opinion affirming earlier unclean hands ruling discussed here. This case began with a legal partnership turned sour. … Continue reading →

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Trademark/(c)/ROP question of the day, Stephen King edition

Posted on December 16, 2016 by

This is a book bag.  Get it?  I wish it were a little bigger, but boy does it look nice.  What’s the appropriate rights analysis? from Blogger http://ift.tt/2hE68fH

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Fourth Circuit rejects attempt to control references to expert services with IP

Posted on November 28, 2016 by

File under “we need a federal anti-SLAPP law.” Devil’s Advocate, LLC v. Zurich Am. Ins. Co., No. 15-1048, 2016 WL 6871905, — Fed.Appx. —- (4th Cir. Nov. 22, 2016) John W. Toothman is a lawyer and the founder of Devil’s … Continue reading →

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