Tag Archives: right of publicity

Copyright preempts/Dastar precludes lawsuit based on Fortnite’s copying of a dance move

Posted on June 1, 2020 by rtushnet

Brantley v. Epic Games, Inc., No. v. 19-cv-594-PWG (D. Md. May 29, 2020)  Plaintiffs Brantley and Nickens alleged that in 2016 they created, named, and popularized a dance move, which they titled the “Running Man,” and which subsequently went viral … Continue reading →

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when you buy a business whose mark is the owner’s photo, make sure you get all the rights

Posted on February 15, 2020 by rtushnet

Minott v. Wichita Water Conditioning, Inc., No. 18-cv-01656-MSK-SKC, 2020 WL 616359 (D. Colo. Feb. 7, 2020) Minott used to own Fluid, which operated a water conditioning business under the trade name Chuck, The Water Man. Fluid made extensive use of … Continue reading →

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Call for Authors – Feminist Judgments: Rewritten Property Opinions

Posted on April 4, 2019 by rtushnet

Deadline for Applying: Friday, April 26, 2019 The U.S. Feminist Judgments Project seeks contributors of rewritten judicial opinions and commentary on the rewritten opinions for an edited collection tentatively titled Feminist Judgments: Rewritten Property Opinions. This edited volume is part … Continue reading →

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Guitar design authorship blues: delay and consent defeat (c), ROP, other claims

Posted on February 21, 2019 by rtushnet

Webster v. Abbott, 2018 WL 7352411, No. 8:17-cv-01795-T-02CPT (M.D. Fla. Nov. 30, 2018) Webster is a luthier and guitar technician who goes by “Buddy Blaze.” Around 1985, he modified a Dean ML guitar and had the guitar painted blue with … Continue reading →

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Guitar design authorship blues: delay and consent defeat (c), ROP, other claims

Posted on February 21, 2019 by rtushnet

Webster v. Abbott, 2018 WL 7352411, No. 8:17-cv-01795-T-02CPT (M.D. Fla. Nov. 30, 2018) Webster is a luthier and guitar technician who goes by “Buddy Blaze.” Around 1985, he modified a Dean ML guitar and had the guitar painted blue with … Continue reading →

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Influencer’s laundry list complaint against PopSugar survives motion to dismiss

Posted on February 13, 2019 by rtushnet

Batra v. Popsugar, Inc., 2019 WL 482492, No. 18-cv-03752-HSG (N.D. Cal. Feb. 7, 2018) Batra sued Popsugar for removing the CMI of her photograph, infringing her copyright, violating her right of publicity, intentionally interfering with her contracts, engaging in false … Continue reading →

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IPSC session 2

Posted on August 9, 2018 by rtushnet

Session 2: IP History and Theory, Stephanie Bair, IP Inequality Artists and innovators are not equally distributed. Rich people are more likely to acquire IP rights than poor people; whites than minorities in the US; males than females.  Theoretical lens: … Continue reading →

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Right of Publicity, Litigating the Claims

Posted on June 4, 2018 by rtushnet

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 rtushnet

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 rtushnet

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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