News & Analysis as of

Name and Likeness Marketing

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

Haynsworth Sinkler Boyd, P.A.

Beyond the Game: NIL Opportunities and Legal Insights for Student-Athletes and Businesses

With March Madness in full swing, the spotlight isn’t only on thrilling buzzer-beaters or underdog victories; it’s also on the continued evolution of Name, Image and Likeness (NIL) rights. Since the NCAA's landmark policy...more

Venable LLP

Your Employee's Right of Publicity (NIL)

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Your company believes it has an employee-friendly culture, and it wants to publicize/exhibit/promote/exploit that positive experience in its external marketing and promotional materials and internal correspondence and...more

DLA Piper

Six Advertising Trends for 2025

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As the new year begins, creative advertisers and marketers look for new ways to stay current and get ahead by capitalizing on trends. ...more

Vondran Legal

South Coast Botanic Garden Foundation Sued for Right of Publicity Violation

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Vondran Legal® News: We have recently filed suit in the Los Angeles Superior Court against the South Coast Botanic Garden Foundation. Amazingly, they used photographs of two Defendants (who are working professionals who...more

Alston & Bird

Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

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Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal...more

Vondran Legal

Arizona Name, Image, and Likeness Law for Athletes and Institutions

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Thanks to new legislation, student-athletes may now legally profit through the use of their name, image and likeness marketing and promotions efforts. If you have a strong social media following on sites like Instagram,...more

Fox Rothschild LLP

The Taylor Swift Effect

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Whether you’re a Taylor Swift die-hard fan or not, you can’t deny that her marketing power is second to none. And not just for her own music and brand promoted by herself. I am uncertain if anyone has gotten to the bottom...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

BakerHostetler

Customer Mailing Lists and The (Attempted) Expansion of the Right of Publicity

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As discussed in the 2023 Data Security Incident Response Report, over the past several years a wave of lawsuits was brought alleging violations of customers’ right of publicity based on the sale of customer mailing lists. The...more

Ward and Smith, P.A.

Trail Magic: Social Media and Employment Agreement Live Action Role-Playing

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Three Ward and Smith attorneys shared insights on the legal implications businesses should consider when entering into a promotional contract with a social media influencer. During the discussion, the attorneys covered...more

Husch Blackwell LLP

2023 NCAA Compliance Report

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Husch Blackwell is pleased to share its third-annual NCAA Compliance Report, which explores the outside pressures NCAA Division I college athletics is facing, including the confluence of legal challenges, media rights, and...more

Vinson & Elkins LLP

Five Things Every College NIL Department Needs to Know

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As we approach the one-year anniversary of the National Collegiate Athletic Association’s (“NCAA’s) interim guidance on name, image, and likeness (“NIL”), colleges and universities are starting to debut a new position: the...more

Foster Garvey PC

Sports & Entertainment Spotlight: Ye Is the Latest Musician to Forge a Collaboration With a Fast Food Restaurant, and Kim...

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I did not want to write this week. What more can I say other than what has already been said after yet another callous, atrocious, evil, and (perhaps worst of all) familiar mass shooting in this country? Since this is a...more

Foster Garvey PC

Sports & Entertainment Spotlight: College Athletes Use NIL Opportunities to Create Bidding War, and Power Couple Jay-Z and Beyoncé...

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Live from New York it’s…wait, that’s not right. Two weeks off, and I’ve forgotten how I open these…ah, yes… Welcome back (both to me and to you) to the “Spotlight.” I would love to be able to say that my batteries are fully...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

Miller Nash LLP

Evolution of NIL—Donor Funded NIL Groups

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As NCAA institutions, athletes, and other stakeholders continue to adjust to the new normal of name, image, and likeness deals for college athletes, a new trend is emerging: donor and alumni led third party organizations...more

Jackson Lewis P.C.

NCAA Division I Council Approves Interim Name, Image And Likeness Policy Which Places Additional Burdens On Conferences And...

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In its ongoing reaction to the recent unanimous Supreme Court decision in NCAA v. Alston finding the NCAA in violation of federal antitrust laws, the NCAA Division I Council has voted to support the interim name, image and...more

Foster Garvey PC

Sports & Entertainment Spotlight: What the Recent Senate Hearing Might Mean for a Federal NIL Law as State Laws Go Into Effect on...

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As we inch closer to the summer solstice here in the Northern Hemisphere (the first day of summer for those of you who were asleep in science class), the heat is not rising only on the thermometer, but also in the halls of...more

Robinson+Cole Data Privacy + Security Insider

Ancestry.com Prevails in Yearbook Database Class Action

This week, Ancestry.com Inc. prevailed in a class action which alleged that it misappropriated consumers’ images and violated their privacy by using such data to solicit and sell their services and products. ...more

Fisher Phillips

Florida’s Name, Image, and Likeness Bill Creates New Marketing Opportunities – And Compliance Obligations – for Employers

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After much discussion over the last year, Florida’s name, image, and likeness (NIL) legislation for college athletes will go into effect on July 1, allowing college athletes to receive compensation based on their name, image...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

Jackson Lewis P.C.

Mississippi Student-Athletes Name, Image, And Likeness Law Awaits Governor’s Signature

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Mississippi Governor Tate Reeves is expected to make Mississippi the seventh state to enact name, image, and likeness (NIL) legislation. When signed, the Mississippi Intercollegiate Athletics Compensation Rights Act will...more

BakerHostetler

AD-ttorneys@law – March 2021 #1

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Sean Combs Opens New Front in War Against GBG Sean John - Accuses majority holder of using election-related trademarks to sell goods - Puffy Prologue - The lawsuit between Sean John Combs (AKA Puff Daddy, AKA P. Diddy, AKA...more

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