News & Analysis as of

Right of Publicity Lanham Act Name and Likeness

Loeb & Loeb LLP

Jackson v. Kavanaugh

Loeb & Loeb LLP on

District court denies rapper 50 Cent’s motion to preliminarily enjoin release of horror film Skill House, holding plaintiff failed to show likelihood of success, or even serious questions, on merits of his right of publicity...more

Davis Wright Tremaine LLP

Digital Replicas and the First Amendment: The Latest in Artificial Intelligence Legislation

Image-generating technology is accelerating quickly, making it much more likely that you will be seeing "digital replicas" (sometimes referred to as "deepfakes") of celebrities and non-celebrities alike across film,...more

Vondran Legal

Artificial Intelligence Law - Intellectual Property Protection for your voice?

Vondran Legal on

With the advent of AI technology capable of replicating a person's voice and utilizing it for commercial purposes, several key legal issues are likely to emerge under California's right of publicity law. The right of...more

Baker Donelson

New Legislation Proposed in Tennessee to Protect Against Deepfakes: ELVIS Act

Baker Donelson on

Recent advances in technology and artificial intelligence have the power to completely disrupt the world of advertising, media, music, sports, and entertainment by manipulating digital content to create synthetic photos and...more

Venable LLP

Artificial Intelligence Wants Your Name, Image and Likeness - Especially If You're a Celebrity

Venable LLP on

Innovations in artificial intelligence (AI) have made it easier than ever to replicate a person's name, image, and likeness (NIL), particularly if that person is a celebrity. AI algorithms require massive amounts of "training...more

Dorsey & Whitney LLP

Rights of Privacy and Publicity TOO SMALL to Overcome First Amendment Freedom of Speech

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During the 2016 presidential primaries, then presidential candidates Donald Trump and Senator Marco Rubio exchanged insults, with Trump calling Rubio “Little Marco” and Rubio commenting on the size of Trumps hands. Recently,...more

Davis Wright Tremaine LLP

Bobby Brown’s Claims for the Use of His Name and Likeness Not His Prerogative

In a detailed order that strongly affirmed the First Amendment rights of documentarians, on Aug. 2, 2019, the U.S. District Court for the Southern District of New York dismissed a lawsuit brought by Bobby Brown—the bad boy of...more

Dorsey & Whitney LLP

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

Dorsey & Whitney LLP on

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...

Kilpatrick on

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

Sunstein LLP

May 2019 IP Update: IP Considerations For Distinctive Moves and Other Content in Video Games

Sunstein LLP on

Several entertainers, including Brooklyn rapper 2 Milly, Alfonso Ribeiro, and Instagram’s “Backpack Kid” and “Orange Shirt Kid”, sued Epic Games, Inc., the owner of the popular game Fortnite. What do all of these individuals...more

Baker Donelson

Just Play the Game: Sixth Circuit Says Student-Athletes Have No Right of Publicity in Game Broadcasts

Baker Donelson on

In a short, sharp opinion filed August 17, 2016, a three-judge panel on the Sixth Circuit Court of Appeals affirmed dismissal of a class action lawsuit brought by ten former college athletes asserting they were entitled to...more

Foley Hoag LLP - Trademark, Copyright &...

Celebrity Trademark Watch: Who Owns Marilyn Monroe’s Image? – Right of Publicity vs. Trademark Rights

In her posthumously published autobiography, My Story, screen legend Marilyn Monroe wrote: “I knew I belonged to the public and to the world, not because I was talented or even beautiful but because I had never belonged to...more

Knobbe Martens

Rights in Bob Marley's name and likeness trump free speech where defence not properly pleaded | World Trademark Review

Knobbe Martens on

Fifty-Six Hope Road is a company run by some of Bob Marley's children, and it owns the property rights to Bob Marley's name, voice and likeness. Hope Road licensed Zion Rootswear the exclusive right to use Marley's name and...more

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