News & Analysis as of

Name and Likeness Appeals First Amendment

Loeb & Loeb LLP

Hara v. Netflix, Inc.

Loeb & Loeb LLP on

Ninth Circuit affirms dismissal of Lanham Act claims regarding use of drag queen Vicky Vox’s image and likeness in animated Netflix show and teaser trailer, holding, under Rogers test, that use was artistically relevant to...more

Butler Snow LLP

Fantasy Sports Operators, DraftKings and FanDuel, Cleared to Use Players’ Names, Pictures, and Stats without Their Consent Because...

Butler Snow LLP on

On October 24, 2018, the Indiana Supreme Court ruled that online fantasy sports operators, DraftKings, Inc. and FanDuel, Inc., were permitted to use former collegiate athletes’ names, pictures, and statistics without their...more

Weintraub Tobin

Right Of Publicity Risks For Producers Still Uncertain

Weintraub Tobin on

Often writers base characters on complete fiction, drawing from their imagination to build a character’s various facets. However, on certain occasions a writer may base a character on a living person. Sometimes such a...more

McDermott Will & Emery

Rosa Parks Name and Likeness Free for Use? (Rosa and Raymond Parks Institute for Self Development v. Target Corp.)

Addressing the balance between privacy rights and matters of public interest, the U.S. Court of Appeals for the Eleventh Circuit affirmed the district court’s dismissal of the plaintiff’s complaint, holding that the defendant...more

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