News & Analysis as of

Advertising Name and Likeness Celebrities

Potomac Law Group, PLLC

NIL Isn't Just For Athletes — Securing "Name, Image, and Likeness Rights" in Marketing

You need “name, image, and likeness” (NIL) rights to use an individual’s name, voice, image, or AI replica. The Internet and social media have rapidly multiplied the ways companies can promote their businesses and products,...more

Sheppard Mullin Richter & Hampton LLP

Redrawing the NIL Playbook: Key Legal Takeaways from MLB Players Inc. v. DraftKings and Bet365

The recent decision by U.S. District Judge Karen Marston in MLB Players Inc. v. DraftKings and Bet365[1] represents a pivotal development in the legal landscape surrounding name, image, and likeness (NIL) rights. The ruling...more

BakerHostetler

A Celebrity Used our Product! Can we Put that in Advertising?

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Marketers understandably get excited when a celebrity is spotted using their product. It’s validation of all their efforts! Unfortunately, just because a celebrity has used the product – even if they have publicly posted...more

BakerHostetler

AD-ttorneys@law - October 2023

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Ex-Reality Star Sues To Protect His Likeness Against AI - ‘Big Brother’ runner-up’s fame may be in doubt, but his case has legs - New Contender - Let’s turn our attention to Kyland Young v. NeoCortext, Inc., an...more

Foster Garvey PC

Sports & Entertainment Spotlight: Nickelodeon is Set to Broadcast a National Football League Game on Christmas Day, and Formula 1...

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Welcome back to the "Sports & Entertainment Spotlight," your 30,000 foot view of the various goings-on in the sports and entertainment industries. This week, I am writing from, well, 30,000 feet flying cross country to soak...more

Foster Garvey PC

Sports & Entertainment Spotlight: Speedo Drops Russian Olympian Swimmer Evgeny Rylov's Sponsorship for Supporting Vladimir Putin,...

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Welcome back to the "Sports & Entertainment Spotlight." We’re just one week into March Madness, and already my predictions from last week are coming to fruition (if only I had the same luck picking winners of the games...more

Foster Garvey PC

Sports & Entertainment Spotlight: Rihanna's Savage X Fenty Lingerie Brand is Reportedly on the Verge of a $3 Billion IPO, and...

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This past week, I have realized my place is still on the blogosphere and not in the stands. That time will come. But it’s not now. I love my readers, and I love my supportive family. Without them, none of this is possible....more

Foster Garvey PC

Sports & Entertainment Spotlight - July 2021

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Just months after breathing life into to the "Sports & Entertainment Spotlight," I am (well, my wife is) giving birth to a new creation — a baby boy. As such, I will be taking a break from the usual commentary (sleep...more

Foster Garvey PC

Sports & Entertainment Spotlight - June 2021

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Athletes and entertainers are people, too. Albeit, incredibly talented people, but deserving of the same treatment with dignity and respect as how we would want ourselves to be treated. For better or worse, sometimes their...more

Foster Garvey PC

Sports & Entertainment Spotlight - May 2021 #2

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The word of the week for this edition is “credibility.” In the courts of law and public opinion, credibility (or the quality of being trusted and believed in) is everything. Just ask famed Triple Crown horse trainer Bob...more

Knobbe Martens

Use My Likeness? Over My Dead Body!

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On November 30, 2020, New York Governor Andrew Cuomo signed into law New York Senate Bill S5959D, an amendment to New York’s right of publicity law to provide the 40 year post-mortem right of estates of deceased celebrities...more

International Lawyers Network

The King Is Dead! Long Live The King!: Elvis Sightings, Taking Care of Business, And Rights Of Post-Mortem Publicity

Elvis sightings have had a long, storied life of their own since the King of Rock-and-Roll’s “death” was reported (or perhaps exaggerated (though neither greatly nor grossly)), in 1977. Indeed, since 1977, it has been claimed...more

Proskauer Rose LLP

New York Passes Law Recognizing Post-Mortem Right of Publicity and Creating Private Right of Action for Sexually Explicit...

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Celebrities domiciled in New York State at the time of their death will soon have a transferable post-mortem right of publicity, bringing the law in New York closer in line to several other states, like California, that...more

Patterson Belknap Webb & Tyler LLP

New York Passes Postmortem Right of Publicity Statute

On November 30, 2020, New York Governor Andrew Cuomo signed a new right of publicity statute into law, which will take effect 180 days after enactment. The law allows successors in interest of deceased “performers” and...more

Fish & Richardson

Legal Alert: New York Passes Post-Mortem Right of Publicity Law

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The “right of publicity” generally prohibits the commercial use of someone’s name or likeness. There is no federal right of publicity; rather, the right is governed by state law. There is a patchwork of state laws that govern...more

Dorsey & Whitney LLP

Forever 21 and Ariana Grande “Face-Off” Over Lookalike Images

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Ariana Grande, identified in a recent complaint filed in federal court as an “internationally renowned singer, songwriter and actress,” is challenging struggling retailer Forever 21’s use of images that allegedly mimic Ms....more

Kilpatrick

Grand Implications: The Use of Celebrity Look-Alikes in Advertising and the Interplay Between State Right of Publicity and Federal...

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What is a world-wide, massively popular pop music star and actor supposed to do when a company negotiates with her to secure her image in an endorsement deal, declines to pay her asking price, but then goes ahead, without...more

Jackson Walker

Coordinating What Can’t Be Unseen: Forming a Thorough Online Strategy

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Social media platforms such as Instagram and Twitter are essential to any successful modern marketing and outreach strategy. But the pursuit of turning likes and shares into dollars and cents is not without its risks. For...more

Sheppard Mullin Richter & Hampton LLP

Celebrity Entertainer Sues Over Video Game Avatar

As real-world celebrities continue to expand the reach of their persona into the digital realm, the potential benefit for advertisers, game developers and esports event promoters is exceedingly high. But with increased...more

Smart & Biggar

Celebrities, personality rights and privacy: what marketers need to know about permission

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William Shatner made headlines in November when he took to Twitter to express his displeasure that his name and likeness were used without his permission to promote a condo development in Hamilton, Ontario. The development in...more

Kelley Drye & Warren LLP

Jordan $8.9M – Dominick’s 0: Star Wins Over Unauthorized Use of Name

For years, Michael Jordan dominated opponents on the basketball court. Now, he seems to be doing the same in legal courts. Last week, a jury ordered Chicago grocery chain Dominick’s (now owned by Safeway) to pay the former...more

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