Intellectual Property

Recent Posts

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

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

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

Borrower Avoids Trademark and Cybersquatting Accusations in Bashing Its Lender Online
Posted on 10 Jan 2013 by Travis Burchart

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... 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

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