Tag: Commercial Speech

The Eleventh Circuit Allows Use of Rosa Parks’ Name and Image on Merchandise

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 Martin Luther King’s images, an inspirational quote...
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Article in Virginia Law Review Documents Expansive Reach of the Right of Publicity

My latest article, Commercial Speech, Commercial Use and the Intellectual Property Quagmire, is in print this week in the Virginia Law Review. The article considers the role in intellectual property laws of commercial speech doctrine and considerations of commerciality more generally (usually in the sense of a use that is for profit). In terms of right...
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Bride and Groom Sue Wedding Photographer

A married couple sued their wedding photographer, not for bad photos, but for violating their rights of publicity by using their wedding photos in promotional brochures. The couple explicitly opted out of allowing the use of their photographs other than for their own personal use. The couple retained the copyright in their wedding photographs and...
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8th Circuit Appears Divided in Dryer v. NFL Oral Arguments

The oral arguments from last Thursday’s hearing before the 8th Circuit in Dryer highlight a host of flashpoints in right of publicity law. The arguments focused on whether the use of historical film clips constituted commercial speech.  The plaintiffs’ attorney claimed that the use by the NFL was clearly commercial speech and therefore not entitled...
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