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Right of Publicity Communications Decency Act

Morrison & Foerster LLP - Social Media

Part 4 – Section 230: 27 Years Old And Still In The Spotlight

In our fourth installment of our six-part series examining Section 230—the segment of the 1996 Communications Decency Act (CDA) that immunizes online service providers from liability stemming from content created by third...more

Venable LLP

Artificial Intelligence Wants Your Name, Image and Likeness - Especially If You're a Celebrity

Venable LLP on

Innovations in artificial intelligence (AI) have made it easier than ever to replicate a person's name, image, and likeness (NIL), particularly if that person is a celebrity. AI algorithms require massive amounts of "training...more

Morrison & Foerster LLP - Social Media

Court Holds That Section 230’s Carve Out For “Intellectual Property” Does Not Apply To Publicity Rights Claim In New York

Section 230 of the Communications and Decency Act provides broad immunity to online platforms for claims arising from hosting third-party content (though just how broad is a hot issue that the Supreme Court may decide this...more

Manatt, Phelps & Phillips, LLP

Privacy and Publicity Claims Under NY Civil Rights Law §§ 50 and 51 Excluded From CDA IP Exception

The Southern District of New York has held, in Ratermann v. Pierre Fabre USA, Inc., that the Communications Decency Act’s (CDA) exception for intellectual property claims does not apply to claims asserted under New York Civil...more

Saiber LLC

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

Saiber LLC on

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”

McDermott Will & Emery on

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

Troutman Pepper

Illinois, We Have a Problem: Judge Refuses to Dismiss IRPA Privacy Claim Against RocketReach

Troutman Pepper on

A U.S. district judge in Illinois recently denied a motion to dismiss in a class action involving an alleged violation of the Illinois’ Right of Publicity Act (IRPA). The court determined that the defendant’s arguments were...more

Foster Garvey PC

Intellectual Property Rights in the Crosshairs as Lawsuits Involving Disney and Facebook Surface

Foster Garvey PC on

- What will the “Endgame” be for the lawsuit between Walt Disney Company and former Marvel comic book creators? In the spring of this year, a host of famed artists and illustrators of Marvel characters such as Iron Man,...more

BakerHostetler

AD-ttorneys@law

BakerHostetler on

Consumer David Greenstein is pursuing excessive slack-fill claims against the producer of popular puffed rice and corn snack food Pirate’s Booty. Greenstein, who is representing himself in the lawsuit, claims to have...more

Foley Hoag LLP - Making Your Mark

Sue-per Bowl Shuffle III: The Year In NFL-Related Intellectual Property Litigation

Two years ago, I started worrying about what would happen if someone at a Super Bowl party asked me to explain an NFL-related lawsuit, particularly one of those intellectual property lawsuits that sports fans assume IP...more

Pillsbury - Internet & Social Media Law Blog

Social Media Brings the Right of Publicity to the Masses

Do you consider yourself famous? If the answer is no, then you have likely never been concerned with the invasion of your right of publicity. The right of publicity is the right of a person in his or her identity—name or...more

Manatt, Phelps & Phillips, LLP

Advertising Law - December 2014

SPECIAL FOCUS: Adding You to My Professional Network Emails May End Up Being Costly for LinkedIn as Publicity Rights Suit Moves Forward: A putative class action alleging that LinkedIn Corp. violated their right of...more

Pillsbury - Internet & Social Media Law Blog

The Trademark "Twist"

Judge Alsup out of the Northern District of California recently issued a decision relating to HP's App Catalogue's (its online store) sale of an app called "Chubby Checker," an app that estimates the size of a male's anatomy...more

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