Tag Archives: right of publicity

Feud lawsuit foiled, but questions about transformativeness remain

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

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

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

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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New York GBL Section 349 covers ordinary trademark claims, court rules

Mayes v. Summit Entertainment Corp., No. 16-CV-06533, 2018 WL 566314 (E.D.N.Y. Jan. 18, 2017) (magistrate judge) Plaintiffs, eight professional models and actresses, alleged that the owners and operators of a strip club on Long Island (Summit) unlawfully used Plaintiffs’ images … Continue reading

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Roundtable: The Right of Publicity in New York, St. John’s University

An Academic Discussion of Policy Choices in Designing a Publicity/Privacy Rights Regime: Rothman, Buccafusco, & Tushnet The roundtable is on the proposed changes to NY’s ROP, which are very extensive. [I didn’t take notes early on, sorry, but Prof. Rothman … Continue reading

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Fantasy gambling is newsworthy, doesn’t violate players’ rights of publicity

Daniels v. FanDuel, Inc., No. 16-cv-01230 (S.D. Ind. Sept. 29, 2017) Akeem Daniels, Cameron Stingily, and Nicholas Stoner played college football and sued FanDuel and DraftKings for violating their Indiana right of publicity. Defendants run fantasy sports websites and mobile … Continue reading

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IPSC Breakout Session II

IP Theory  The Boundaries of Intellectual Property: A Preliminary Exploration of Constitutional Salience – Amy Kapczynski What IP law is about: what values beyond efficiency we might be able to say this law serves.  You can’t justify IP v. grants … Continue reading

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Reading list: right of publicity

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

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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