LexisNexis® Legal Newsroom
Andrew Beckerman-Rodau, Professor, Suffolk University Law School: Comments on the Lindsay Lohan suit against ETrade & the right of publicity

Community Member Andrew Beckerman-Rodau , Professor of Law & Co-Director IP Concentration a the Suffolk University Law School, contributed the following podcast to the community. Andrew Beckerman-Rodau, Professor, Suffolk University Law School: Comments on the Lindsay Lohan suit against...

Ninth Circuit finds publicity claim preempted by Copyright Act and grants infringement standing to performer as company’s sole employee: Jules Jordan v. 144942 Canada Inc. (Aug. 16, 2010)

Gasper, an adult movie actor, was the president and sole shareholder of Jules Jordan Video (JJV), the creator of the videos in which Gasper appeared. Gasper and JJV filed a copyright action against defendants, alleging that they had copied and sold copyrighted adult DVDs owned by JJV or Gasper and...

Frankfurt Kurnit Klein & Selz: The 100 Years After Death Right of Publicity Statute Does Not Apply To Personalities Who Died Before Its Enactment

An Indiana federal court has ruled that the Indiana right of publicity statute, which has the longest post-mortem period of continuing the right of publicity, does not apply to personalities who died before 1994, the year the statute was enacted In Dillinger, LLC vs. Electronic Arts, Inc. ,...

More Legal Troubles for the NFL; Retired Player Files Class Action to Protect Retirees’ Images

UPDATE: On July 13 th , ex-Green Bay Packer, Darrell Thompson, filed a similar class action lawsuit in the District of Minnesota. View or download the complaint filed in Thompson v. NFL, 11-01900 (D. Minn. 07-13-11) . Sports Illustrated called NFL Films "the most effective propaganda organ...

Retired NFL Player Fred Barnett Files Class Action Lawsuit To Protect Retiree Images

Sports Illustrated called NFL Films "the most effective propaganda organ in the history of corporate America." Whether that's true or not, retired NFL player, Fred Barnett, thinks the NFL and NFL Films is, at the very least, an effective organ for false endorsement and misappropriation...

Twitter Eats Holes in NBA-Player Gilbert Arenas’ Trademark/Publicity Lawsuit against Reality-TV Show, Basketball Wives

Twitter Turns Acidic to Trademark/Right of Publicity Claims Twitter, in the legal world, might prove to be the equivalent of sulphuric acid. In NBA-Player Gilbert Arenas' recent lawsuit against his ex-girlfriend (Laura Govan) and Shed Media's reality show, Basketball Wives: Los Angeles...

Frankfurt Kurnit Klein & Selz: Court Clears Use of YouTube-famous “Flying Rabbi” in Humor Sketch

The use of someone without permission in entertainment can trigger a lawsuit for "commercial appropriation of likeness." And so it was recently when "Jimmy Kimmel Live" created a video mocking a 2010 "business meeting" between basketball star LeBron James and a rabbi. ...

Keller and Heckman LLP: 15-Second Advertising Law Alert: Michael Jordan's Judicial Air Ball

By Richard J. Leighton When is speech "commercial" and what is an "advertisement"? A recent federal decision addresses these fundamental questions in an eyebrow-raising fashion. * BACKGROUND Plaintiff is basketball legend Michael Jordan. Defendant is Chicago area Jewel...

Michael Jordan Takes Congratulatory Smack-Down to Seventh Circuit after Right of Publicity Claim Fails

When somebody talks you up, what's the best way to thank them? Offer them a bouquet of flowers? Send them a card? Take them to court? The third option - a warm "thank you" via complaint - isn't as unlikely as you might suspect. Take for instance Michael Jordan, who this week filed...

Sheppard Mullin Richter & Hampton LLP: Life After Death - Right of Publicity Law

By Kathryn Hines and Christine Steiner Society is consumed with celebrity. We can survey Hollywood marriages and divorces, analyze Golden Globe wardrobe choices and comment upon the latest Lindsey Lohan foible. It is not surprising that many artists have channeled this societal obsession, featuring...

Home Appliance Manufacturer Sues to Use Julia Child Images in Historical Timeline

BSH Home Appliances Corporation, the manufacturer of high-end home appliances, last week sued for a declaratory judgment of trademark/copyright non-infringement regarding its use of Julia Child's images. BSH has used Child's images and has referenced her use of Thermador products in various...

Frankfurt Kurnit Klein & Selz: Federal Court Rejects Albert Einstein Right of Publicity Claim

In rejecting a right of publicity claim by Hebrew University of Jerusalem, which claims to control the rights to Albert Einstein, a California federal court has ruled that the common law right of publicity under New Jersey law has a maximum post-mortem duration of 50 years. The right of publicity gives...

Borrower Avoids Trademark and Cybersquatting Accusations in Bashing Its Lender Online

A Minnesota federal court rejected trademark and cybersquatting claims levied against a borrower that created a website to warn consumers about what it perceived to be a lender's fraudulent business practices. Jalin Realty Capital Advisors v. A Better Wireless , 2013 U.S. Dist. LEXIS 2461 (D....

Boxer, Floyd Mayweather, Claims Bar’s Super Bowl Party Ad Violated His Trademark/Right of Publicity

Boxing great, Floyd Mayweather, has sued The Wine Bistro New Orleans, a bar, restaurant and nightclub, accusing the bar of unfair competition, violating his right of publicity and trademark infringement. The Wine Bistro is accused of posting print advertisements as well as a YouTube advertisement...

DLA Piper: California Federal Court Finds 1st Amendment Does Not Preclude Sporting Event Participants From Asserting Right-of-Publicity Claims Against Broadcasters

By Matt Ganas | On April 11, 2014, a California federal court issued a First Amendment ruling that has potentially significant implications for broadcasters in the sports-media industry. Specifically, the Northern District of California’s Judge Claudia Wilken held that “the First Amendment...