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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
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
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
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
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
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
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
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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Tagged copyright, IPSC Breakout Session II conferences, patent, right of publicity, trademark
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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
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
Rebecca Tushnet 