News & Analysis as of

Right of Publicity Appeals Name and Likeness

Weintraub Tobin

The Briefing: Court Says “No Way” To 50 Cent’s Battle Over Skill House

Weintraub Tobin on

50 Cent’s two-minute cameo in the horror film “Skill House” turned into a full-blown legal battle over credits, contracts, and control. In this episode of The Briefing, Weintraub entertainment and IP attorneys Scott Hervey...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 & Schulte

Seventh Circuit Hands the Ball to State Supreme Court

The US Court of Appeals for the Seventh Circuit asked the Indiana Supreme Court to weigh in on whether the state’s right-of-publicity law gives athletes a right to challenge fantasy sports companies’ websites for using their...more

Jackson Walker

For Frankie Carbone, Crime Doesn’t Pay

Jackson Walker on

“As far back as I can remember, I always wanted to be a gangster” declares stool pigeon Henry Hill in the opening scene of Martin Scorsese’s mob classic Goodfellas. Complementing the iconic performances of Robert De Niro, Ray...more

Jackson Walker

Coming Into Focus: Recent Decisions Help Define the Scope of Right of Publicity Claims

Jackson Walker on

When it comes to the right of publicity, it helps to keep tabs on California law. The right to prevent the unauthorized commercial use of a person’s name, likeness or other indicia of identity may vary from state-to-state....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

Kelley Drye & Warren LLP

Do Not Mess With Michael Jordan And His Right Of Publicity

After Michael Jordan was inducted into the Basketball Hall of Fame in September of 2009, Sports Illustrated ran a special issue to commemorate Jordan’s achievement and celebrate his career. The issue was to be sold in...more

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