Tag Archives: right of publicity

Right of publicity workshop at Yale

Posted on October 17, 2015 by rtushnet

Right of Publicity Workshop Yale Law School Information Society Project Abrams Institute for Freedom of Expression   Chatham House rules apparently allow me to disclose my own participation, but not that of others, so I’ll just take some notes on … Continue reading →

Posted in Uncategorized | Tagged , , , , , | Leave a comment

Right of publicity question of the day, pop music edition

Posted on October 1, 2015 by rtushnet

I present to you Justin Blabaer beer.  (Blabaer = blueberry.) Is this truly the only cure for “Blabaer fever”?  Will it truly make you shout, “Oh, Baby!”?  So many questions. from Blogger http://ift.tt/1KTXD6X

Posted in Uncategorized | Tagged , , | Leave a comment

Notice and Notice Failure at BU, panel 8

Posted on September 26, 2015 by rtushnet

Robert Bone – Notice Failure and Defenses in Trademark Law   Bone’s basic argument: Principal notice issue in TM is uncertainty about scope, and principal problem is chilling effects. Bone finds an important distinction between unauthorized uses that implicate rights … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

TM/right of publicity mismatch claims another video game victim

Posted on September 3, 2015 by rtushnet

Virag, SRL v. Sony Computer Entertainment America LLC, No. 3:15-cv-01729 (N.D. Cal. Aug. 21, 2015)   In yet another demonstration of the ridiculous mismatch between right of publicity law and trademark law, Sony wins dismissal of trademark claims for its … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Trademark scholars roundtable: the consumer in different contexts

Posted on June 30, 2015 by rtushnet

Session 3:  The Consumer in Different Trade Mark Contexts Do the questions that we have looked at in the first two sessions vary in different trademark and adjacent contexts? Is assessment of the reaction of the average consumer in trade … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

Student athletes lose another right of publicity claim

Posted on June 11, 2015 by rtushnet

Marshall v. ESPN Inc., No. 14-01945 (M.D. Tenn. Jun. 4, 2015)   Current and former student athletes who played NCAA football or basketball sued college conferences, networks, and licensors for violating their rights of publicity and foreclosing them from the … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

The dangers of only arguing one half of 43(a)

Posted on April 29, 2015 by rtushnet

Diodato v. Wells Fargo Ins. Servs., USA, Inc., 44 F. Supp. 3d 541 (M.D. Pa. 2014) Darrell Diodato was employed by Wells Fargo Insurance for thirty-six years as an insurance producer, servicing existing insurance business and originating new insurance business. … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

8th Circuit dismisses right of publicity claim as copyright preempted

Posted on April 23, 2015 by rtushnet

Ray v. ESPN, Inc., No. 14-2117 (8th Cir. Apr. 22, 2015)   Steve “Wild Thing” Ray wrestled professionally in the Universal Wrestling Federation (UWF) from 1990 to 1994. ESPN obtained films of his wrestling matches and re-telecast them without his … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Campbell conference: IP and cultural expression

Posted on April 18, 2015 by rtushnet

Panel VI. IP and Cultural Expression (Moderators, Professor Said and Professor Margaret Chon)   Mark McKenna, Notre Dame: Influence of Campbell outside copyright/in right of publicity: the First Amendment cases in which there’s an arguably expressive use of someone’s identity—movie, … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment