Intellectual Property

Recent Posts

Keller and Heckman LLP: 15-Second Advertising Law Alert: Michael Jordan's Judicial Air Ball
Posted on 21 Feb 2012 by Keller and Heckman LLP

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... Read More

Michael Jordan Takes Congratulatory Smack-Down to Seventh Circuit after Right of Publicity Claim Fails
Posted on 26 Apr 2012 by Travis Burchart

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.... Read More

More Legal Troubles for the NFL; Retired Player Files Class Action to Protect Retirees’ Images
Posted on 13 Jul 2011 by Travis Burchart

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... Read More

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)
Posted on 18 Aug 2010 by Copyright & Trademark Law Community Staff

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... Read More

Frankfurt Kurnit Klein & Selz: The 100 Years After Death Right of Publicity Statute Does Not Apply To Personalities Who Died Before Its Enactment
Posted on 13 Jul 2011 by Frankfurt Kurnit Klein & Selz

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... Read More

More Legal Troubles for the NFL; Retired Player Files Class Action to Protect Retirees’ Images
Posted on 14 Jul 2011 by Travis Burchart

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... Read More

Frankfurt Kurnit Klein & Selz: Court Clears Use of YouTube-famous “Flying Rabbi” in Humor Sketch
Posted on 14 Feb 2012 by Frankfurt Kurnit Klein & Selz

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... Read More

Home Appliance Manufacturer Sues to Use Julia Child Images in Historical Timeline
Posted on 28 Aug 2012 by Copyright & Trademark Law Community Staff

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... Read More

Andrew Beckerman-Rodau, Professor, Suffolk University Law School: Comments on the Lindsay Lohan suit against ETrade & the right of publicity
Posted on 18 Mar 2010 by Professor Andrew Beckerman-Rodau

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... Read More

Frankfurt Kurnit Klein & Selz: The 100 Years After Death Right of Publicity Statute Does Not Apply To Personalities Who Died Before Its Enactment
Posted on 14 Jul 2011 by Frankfurt Kurnit Klein & Selz

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... Read More

Twitter Eats Holes in NBA-Player Gilbert Arenas’ Trademark/Publicity Lawsuit against Reality-TV Show, Basketball Wives
Posted on 22 Sep 2011 by Travis Burchart

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... Read More

Sheppard Mullin Richter & Hampton LLP: Life After Death - Right of Publicity Law
Posted on 2 May 2012 by Sheppard, Mullin, Richter & Hampton LLP

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... Read More

Twitter Eats Holes in NBA-Player Gilbert Arenas’ Trademark/Publicity Lawsuit against Reality-TV Show, Basketball Wives
Posted on 22 Sep 2011 by Travis Burchart

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... Read More

Boxer, Floyd Mayweather, Claims Bar’s Super Bowl Party Ad Violated His Trademark/Right of Publicity
Posted on 11 Feb 2013 by Travis Burchart

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... Read More

Frankfurt Kurnit Klein & Selz: Federal Court Rejects Albert Einstein Right of Publicity Claim
Posted on 30 Oct 2012 by Frankfurt Kurnit Klein & Selz

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... Read More