Tag Archives: right of publicity

court allows company to bring right of publicity claim

Posted on May 5, 2017 by rtushnet

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 rtushnet

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 rtushnet

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 rtushnet

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 rtushnet

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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Notre Dame Law Review Symposium, Negotiating IP’s Boundaries in an Evolving World

Posted on November 14, 2016 by rtushnet

Panel One – Moderated by Joseph D. Bauer Mark P. McKenna, Notre Dame Law School & Lucas S. Osborn, Campbell Law School, “Trademarks and Digital Goods” BMW sued Turbosquid for hosting digital models of BMW cars—models could be used in … Continue reading →

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Notre Dame Law Review Symposium, Negotiating IP’s Boundaries in an Evolving World

Posted on November 14, 2016 by rtushnet

Panel One – Moderated by Joseph D. Bauer Mark P. McKenna, Notre Dame Law School & Lucas S. Osborn, Campbell Law School, “Trademarks and Digital Goods” BMW sued Turbosquid for hosting digital models of BMW cars—models could be used in … Continue reading →

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Cookie crumbles: court refuses to dismiss (c) claim based on facts of plaintiff’s life

Posted on August 18, 2016 by rtushnet

Eggleston v. Daniels, No. 15-11893, 2016 WL 4363013 (E.D. Mich. Aug. 16, 2016) Sophia Eggleston alleged that her self-characterization in her 2009 memoir The Hidden Hand was the uncredited inspiration for the character Loretha “Cookie” Lyon on the FOX television … Continue reading →

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Reading list: Rothman on (c)/right of publicity conflicts

Posted on August 16, 2016 by rtushnet

Jennifer Rothman, The Other Side of Garcia: The Right of Publicity and Copyright Preemption, Columbia Journal of Law & the Arts, Vol. 39, No. 3, 2016. Abstract: This essay is adapted from a talk that I gave on October 2, … Continue reading →

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8th Circuit finds copyright preemption of publicity claim

Posted on February 26, 2016 by rtushnet

Dryer v. National Football League, No. 14-3428 (8th Cir. Feb. 26, 2016)   I blogged about the district court ruling and wrote an amicus brief in the appeal; now the 8th Circuit affirms the rejection of football players’ right of … Continue reading →

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