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. *
Plaintiff is basketball legend...
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?
third option - a warm "thank you" via complaint - isn't as unlikely as you might suspect....
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...
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...
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...
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...
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...
Community Member Andrew Beckerman-Rodau ,
Professor of Law & Co-Director IP Concentration a the Suffolk University
contributed the following podcast to the community.
Andrew Beckerman-Rodau, Professor, Suffolk University
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...
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...
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...
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...