News & Analysis as of

Right of Publicity Appeals

McDermott Will & Emery

Family Feud: Counterclaims Too Little, Too Late

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The US Court of Appeals for the Seventh Circuit affirmed a district court’s ruling that aggrieved family members’ counterclaims for various intellectual property matters were long overdue and subject to a laches defense....more

McDermott Will & Emery

Electra Powers Second Circuit’s False Endorsement Analysis

Following on the heels of its 2021 decision in Electra v. 59 Murray, the US Court of Appeals for the Second Circuit affirmed the summary judgment denial of a Lanham Act claim related to false endorsement premised upon the...more

Saiber LLC

Third Circuit Holds Facebook Not Immune Under Section 230 of Communications Decency Act from State Law Claims Alleging Violation...

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In a precedential opinion, Hepp v. Facebook, et al., ____ F.4th ______, No. 20-2725 (3d Cir. Sept. 23, 2021) (publication pending), the Third Circuit became the first Circuit Court of Appeals to apply the intellectual...more

McDermott Will & Emery

No Immunity: State Right of Publicity Law is § 230 “Law Pertaining to Intellectual Property”

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The US Court of Appeals for the Third Circuit held that § 230 of the Communications Decency Act, 47 U.S.C. § 230(c), does not preclude claims based on state intellectual property laws, reversing in part a district court’s...more

McDermott Will & Emery

Don’t Be So Dramatic: True Crime Docudrama Doesn’t Violate Right of Privacy

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Addressing the tension between the First Amendment and the right to privacy under New York law, the New York Supreme Court Appellate Division, Third Department, unanimously held that despite being partially fictionalized, a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Video Gaming / E-Gaming Law Update - June 2020

Does My Video Game Violate Consumers’ Privacy Rights? The California Consumer Privacy Act (CCPA) is the first broad-based state statute aimed at enhancing personal privacy rights for consumers. Following the example set by...more

Carlton Fields

Seventh Circuit Snapshots Hole in Groupon’s Notice of Removal of Instagram User Suit

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The Seventh Circuit remanded an Instagram user’s appeal after the court found that Groupon’s notice of removal did not allege the citizenship of any diverse member of the putative class. The decision highlights the importance...more

Butler Snow LLP

Fantasy Sports Operators, DraftKings and FanDuel, Cleared to Use Players’ Names, Pictures, and Stats without Their Consent Because...

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On October 24, 2018, the Indiana Supreme Court ruled that online fantasy sports operators, DraftKings, Inc. and FanDuel, Inc., were permitted to use former collegiate athletes’ names, pictures, and statistics without their...more

Manatt, Phelps & Phillips, LLP

Appellate Courts Pass on Embedded Link, Publicity Rights Cases

In appellate news, the U.S. Court of Appeals for the Second Circuit declined to consider a high-profile copyright case involving embedded links while the California Supreme Court passed on actress Olivia de Havilland’s...more

Weintraub Tobin

Right Of Publicity Risks For Producers Still Uncertain

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Often writers base characters on complete fiction, drawing from their imagination to build a character’s various facets. However, on certain occasions a writer may base a character on a living person. Sometimes such a...more

McDermott Will & Emery

Seventh Circuit Hands the Ball to State Supreme Court

The US Court of Appeals for the Seventh Circuit asked the Indiana Supreme Court to weigh in on whether the state’s right-of-publicity law gives athletes a right to challenge fantasy sports companies’ websites for using their...more

Dorsey & Whitney LLP

de Havilland vs Feud – FX Wins Round in California Court of Appeal

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It is hard to imagine that any one person could initiate separate lawsuits resulting in decisions of substantial importance to the entire U.S. entertainment industry. And when that person is iconic actress Olivia de...more

Jackson Walker

For Frankie Carbone, Crime Doesn’t Pay

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“As far back as I can remember, I always wanted to be a gangster” declares stool pigeon Henry Hill in the opening scene of Martin Scorsese’s mob classic Goodfellas. Complementing the iconic performances of Robert De Niro, Ray...more

McDermott Will & Emery

California Court Unfriends Rapper’s ROP Claims

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The Court of Appeals for the State of California upheld a trial court decision granting defendant’s motion to strike under California’s anti-SLAPP statute but remanded the position denying defendant’s motion to strike the...more

Jackson Walker

Coming Into Focus: Recent Decisions Help Define the Scope of Right of Publicity Claims

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When it comes to the right of publicity, it helps to keep tabs on California law. The right to prevent the unauthorized commercial use of a person’s name, likeness or other indicia of identity may vary from state-to-state....more

McDermott Will & Emery

Rosa Parks Name and Likeness Free for Use? (Rosa and Raymond Parks Institute for Self Development v. Target Corp.)

Addressing the balance between privacy rights and matters of public interest, the U.S. Court of Appeals for the Eleventh Circuit affirmed the district court’s dismissal of the plaintiff’s complaint, holding that the defendant...more

Kelley Drye & Warren LLP

Do Not Mess With Michael Jordan And His Right Of Publicity

After Michael Jordan was inducted into the Basketball Hall of Fame in September of 2009, Sports Illustrated ran a special issue to commemorate Jordan’s achievement and celebrate his career. The issue was to be sold in...more

Proskauer Rose LLP

Three Point Shot - May 2015

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"Wild Thing" Forced to Tap Out in Battle against ESPN - Last month, the Eighth Circuit Court of Appeals forced former professional wrestler Steve "Wild Thing" Ray to tap out in his battle against ESPN by dismissing the...more

Patterson Belknap Webb & Tyler LLP

Ninth Circuit Hears Oral Argument in O’Bannon v. NCAA

On March 17, 2015, a Ninth Circuit panel consisting of Chief Judge Sidley R. Thomas, Circuit Judge Jay S. Bybee and Senior U.S. District Judge Gordon J. Quist, of the Western District of Michigan heard oral argument in...more

Weintraub Tobin

Davis: Electronic Arts Gets a New Set of Downs and Still Can’t Score

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Just over a month ago I wrote about the Davis v. Electronic Arts matter that was pending before the Ninth Circuit Court of Appeal.  Specifically, I opined that the matter was ripe for Supreme Court review in light of the...more

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