Tag: California
Court Denies Class Certification in Atheletes’ Suit Against Madden NFL Maker
Yesterday, the district court in Davis v. Electronic Arts confirmed its holding that there could not be class certification in the right of publicity case arising from the alleged use of NFL players' identities in the popular sports-themed video game series NFL Madden. The court rejected the motion to reconsider class certification, concluding that because...
Court Allows Players’ Case Against Madden Video Game to Proceed
The summer did not end well for Electronic Arts (EA), as a district court rejected its summary judgment motion in Davis v. Electronic Arts, allowing the right of publicity claims under California's common law to proceed. The claims arise out of the alleged use of real NFL players' identities as avatars in the Madden NFL...
De Havilland Seeks Review of Feud Decision
Olivia de Havilland's lawyers have filed a petition seeking review in the California Supreme Court of a California Court of Appeal's recent decision holding that the First Amendment bars her false light and right of publicity claims arising out of the use of a character based on her in FX's docudrama Feud. Her lawyers challenge...
First Amendment Protects Use of Olivia de Havilland in FEUD Docudrama
In a resounding victory for FX, the California Court of Appeal today reversed the trial court’s decision in de Havilland v. FX Networks on all counts. The panel held that the anti-SLAPP motion to strike de Havilland's claims should have been granted both as to the right of publicity and false light claims. The three-judge...
New York Times Article on De Havilland Case
Paul Brownfield's article on Olivia de Havilland's lawsuit against FX Network was published in Sunday's New York Times Style Section. It has a wonderful interview with Ms. de Havilland that explains more about her views on the lawsuit. It also has some commentary from me related to the case. My op-ed, in print, the same...
L.A. Times Op-Ed: What Does Olivia de Havilland Have Against Allison Janney?
My op-ed on the Olivia de Havilland v. FX Networks lawsuit, currently on appeal in California, has been published by the Los Angeles Times and will appear in Sunday's print edition just in time for this year's Oscar's ceremony. If de Havilland succeeds, movies that tell unuathorized stories about real people may be a thing...
“Simpsonized” Animated Character Held Transformative
Earlier this week, the California Court of Appeal gave a Valentine’s Day present to Twentieth Century Fox, by throwing out a right of publicity lawsuit brought by Frank Sivero. Sivero, a film actor, best known for his work playing mafiosos, objected to a recurring character in the animated television series, The Simpsons, that he claimed...
Thelonious Monk Estate Survives Motion to Dismiss by Brewery
Yesterday, a federal district court in California rejected North Coast Brewing Co's motion to dismiss the right of publicity and false endorsement claims brought by the estate of Thelonious Monk. The estate objects to the company's use of jazz legend Monk's name and likeness on its Brother Thelonious beer. As I wrote in a detailed...
Briefs Rain Down on California Court of Appeal in De Havilland Case
At least five separate amicus briefs have been filed in the expedited appeal in Olivia de Havilland v. FX Networks. I filed an amicus in this case with a number of other law professors in support of FX Networks. We argue that the First Amendment protects the use of real people, particularly public figures, in...
Law Professors Call for Reversal in De Havilland and the Protection of Biographies and Biographical Films
Yesterday, I filed a brief co-authored with Rebecca Tushnet and Eugene Volokh asking the California Court of Appeal to reverse the trial court’s decision in De Havilland v. FX Networks as to the right of publicity claim. The case, first filed at the end of June last year, involves a lawsuit by Hollywood legend Olivia...