News & Analysis
NFL Player Pierre Garcon Drops Right of Publicity Suit Against FanDuel
January 15, 2016 12:31 am
Yesterday, Pierre Garcon dropped his class action against FanDuel for using his and other NFL players' names and likenesses in fantasy football games. It is not clear yet whether some sort of settlement was reached or if so, what monetary payout might have been made. Garcon may also...
Child Star Chachi’s Lawsuit Against her Mother is Dismissed
January 8, 2016 5:21 am
Olivia “Chachi” Gonzales, 19, is best known for her appearance and victory on MTV’s “America’s Best Dance Crew” in 2011. Chachi designed her own dance apparel and started selling “Chachimomma” pants similar to ones that she made popular by wearing them on the TV show. While Chachi was...
The Ninth Circuit Resurrects Sarver
January 5, 2016 6:02 am
On Christmas Eve, the Ninth Circuit Court of Appeals resubmitted Sarver v. Chartier for consideration. I posted earlier about this long-lingering right of publicity lawsuit arising out of the Academy-Award winning film The Hurt Locker. If the Supreme Court grants certiorari in Davis v. Electronic Arts—a case being...
The Eleventh Circuit Allows Use of Rosa Parks’ Name and Image on Merchandise
January 5, 2016 3:51 am
Today, the Eleventh Circuit rejected a lawsuit by the Rosa Parks Institute—which owns the rights to the deceased Park’s name and likeness. The case involved the Target retail chain’s selling of books, and a movie about Rosa Parks, as well as a commemorative plaque that contained her and...
Players Associations File Brief Supporting Reversal in Maloney
December 11, 2015 7:12 pm
Earlier this week the NFL, MLB, NHL and MLS players associations filed an amicus brief supporting the NCAA student-athletes' appeal from a decision that held that their right of publicity claims were preempted by copyright law. The student-athletes objected to the sale of photographs that were licensed by...
African-American Model Claims Right of Publicity Violation and Race Discrimination when She is Replaced by White Model
December 11, 2015 6:31 pm
African-American model Amanda Ermon has sued several real estate firms for using photographs of her that were sold to them by a photographer without her permission. The photographer allegedly had taken the pictures with her permission, but only had authorization to display the photographs in his studio. Ermon...
Harris Faulkner Says It Doesn’t Matter that Hamster Toy Doesn’t Look Like Her
December 9, 2015 11:27 pm
Fox News reporter Harris Faulkner filed her Opposition to Hasbro’s Motion to Dismiss her right of publicity claim earlier this week. Faulkner’s attorneys emphasize that Hasbro can’t use her name for its toy hamster even if the hamster looks nothing like her. Hasbro’s main argument in its motion...
Sarver Tells Ninth Circuit – Hey, Don’t Forget About Me!
December 9, 2015 10:52 pm
In a letter filed this week in the Ninth Circuit, Sarver’s attorney reminds the Ninth Circuit that this case, which was argued on May 9, 2013, still has not been decided by the Court of Appeals. Sarver v. The Hurt Locker, LLC, involves a right of publicity claim...
Respondents File Brief in Supreme Court in Davis v. Electronic Arts
December 8, 2015 10:39 pm
Michael Davis and the other retired football players who sued Electronic Arts for the use of their identities in Madden NFL filed their opposition brief today in the Supreme Court. They argue against granting certiorari in the case. The Ninth Circuit previously held that the alleged use of...
Class Action by Lawyers Against Website with Attorney Profiles
December 4, 2015 10:56 pm
A class action has been filed on behalf of California attorneys against the website Avvo, a service that provides attorney profiles sometimes without the attorneys' consent. Avvo collects public information about various attorneys such as name, specialities, years in practice and firm information and provides that information in...