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Celebrities First Amendment

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

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - February 2024 #4

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The first person charged for violating a 2020 law that forbids conspiracies to taint international sports events through performance-enhancing drugs received a three-month prison sentence. Federal prosecutors used the...more

FordHarrison

EntertainHR: Can Employers Do That? The Limits of Free Speech

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Public debate about the Israel-Hamas war demonstrates that Americans have strong, and often divergent, views on important social and political issues. Believing that their right to express those views is firmly grounded in...more

Latham & Watkins LLP

NFTs and the Right of Publicity: Assessing the Legal Risks

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NFT creators should craft strategies to avoid minting or auctioning NFTs that use the likeness of an individual without their consent. As non-fungible tokens (NFTs) increase in popularity, the so-called common law “right of...more

Proskauer - California Employment Law

Dark Day For Hollywood – Law Prohibiting Online Publication Of Actors’ Ages Is Struck Down

IMDb.com Inc. v. Becerra, 962 F.3d 1111 (9th Cir. 2020) - The Ninth Circuit has affirmed the district court’s grant of summary judgment in favor of IMDb.com, a website that lists, among other things, the actual ages of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Video Gaming / E-Gaming Law Update - June 2020

Does My Video Game Violate Consumers’ Privacy Rights? The California Consumer Privacy Act (CCPA) is the first broad-based state statute aimed at enhancing personal privacy rights for consumers. Following the example set by...more

Dorsey & Whitney LLP

PSALM WEST™: A Brand Is Born

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On May 9, 2019, Kim Kardashian West and Kanye West’s fourth child, Psalm West, was born. On May 18, 2019, Kim Kardashian West’s company, fittingly named Kimsaprincess Inc., filed sixteen trademark applications for PSALM...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

Dorsey & Whitney LLP

The Take-Two Interactive v. Pinkerton Showdown Has Ended in a Draw

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One year ago, I wrote a post about the Lohan v. Take-Two Interactive case in which Lindsay Lohan thought she recognized her image in Take-Two’s Grand Theft Auto V (“GTAV”) video game. Many people who notice that they resemble...more

Fox Rothschild LLP

Studios And Porn Producers Face off Over Celebrity Deep Fakes–Their Arguments Will Surprise You

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Earlier this year, the leading online pornography site PornHub announced a ban on celebrity “deep fakes.” These are videos in which AI technology is used to place a celebrity likeness seamlessly over existing footage. ...more

Dorsey & Whitney LLP

de Havilland vs Feud – FX Wins Round in California Court of Appeal

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It is hard to imagine that any one person could initiate separate lawsuits resulting in decisions of substantial importance to the entire U.S. entertainment industry. And when that person is iconic actress Olivia de...more

Proskauer - California Employment Law

Dark Day For Hollywood – Law Prohibiting Online Publication Of Actors’ Ages Is Unconstitutional!

A federal court has struck down as unconstitutional a California law (AB 1687) that prohibits commercial online services from publishing actors’ ages without their consent. The law, which the California legislature enacted in...more

Kelley Drye & Warren LLP

Airbnb Faces Suit for Using Julia Child’s Name in a Contest

Earlier this year, Airbnb ran a contest in which one winner could “come stay in the former home of Julia Child.” The company advertised that entrants could imagine themselves “walking the halls of Julia Child’s former home,”...more

Jackson Walker

Stacy Allen Speaks: The Good, The Bad, And The Ugly: Unpopular Celebrities And The Right Of Publicity

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In retrospect, the victories won by former college football stars in their right of publicity lawsuits against Electronic Arts and its hugely popular NCAA Football videogame franchise are hardly surprising. How could anyone...more

Knobbe Martens

Trademark Review | March 2015

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Registration Cancelled Where Services Related to Mark Not Provided - Playdom, Inc. filed a petition to cancel Couture’s mark, arguing that the registration was void because Couture did not use the mark in commerce as of...more

Perkins Coie

Risks Of Tribute Advertisements Are Focus Of Seventh Circuit Decision

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Think the First Amendment protects your business from liability for running an ad congratulating a celebrity or other public figure? Better think again. ...more

Greenberg Glusker LLP

Leggo My Likeness Part V: Grand Theft Right of Publicity?

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This year, several important video game lawsuits helped clarify the parameters for using a celebrity’s likeness in video games. Generally speaking, courts have found that, unless you get permission, you can’t put a celebrity...more

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