Tag: Post-Mortem Rights

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...

Fox Moves for a TKO in Lawsuit Brought by Muhammad Ali Estate

Earlier this week Fox filed motions for judgment on the pleadings and an Anti-SLAPP motion to strike in the case brought last fall against it for airing a tribute to the recently deceased boxing great Muhammad Ali before its broadcast of the 2017 Superbowl. I previously expressed the view that the lawsuit should be tossed...

Whitney Houston Estate Settles with IRS over Right of Publicity Valuation

The Whitney Houston estate and the IRS have settled their dispute over the value of the Grammy award-winner’s estate. The more than $11 million dollar disagreement in the amount of taxes owed centered on the valuation of Houston’s intellectual property rights, and particularly the value of her postmortem right of publicity. The estate had claimed...

Company that Owns Muhammad Ali sues Fox over Tribute to Late Boxer

The company that owns and manages former boxing great Muhammad Ali's right of publicity and trademarks has sued Fox Broadcasting in federal district court in Illinois. The complaint filed today claims that Fox's broadcast of a memorial to Muhammad Ali leading up to the broadcast of the 2017 Super Bowl violated Ali's right of publicity...

Jazz Great Thelonious Monk’s Heir Objects to Brother Thelonious Beer

Earlier this week, Thelonious Monk, Jr. filed a lawsuit against North Coast Brewing Co. in the federal district court of California for allegedly using his father, the great jazz musician Thelonious Monk’s name, likeness, and image on its beer labels, for its brand name, and in advertising and marketing the ale without permission. The complaint...

New York Once Again Floats Right of Publicity Law

The New York Assembly introduced yet another right of publicity bill last week, Assembly Bill A08155. Such legislation is introduced almost every year in New York―focused on trying to add a post-mortem right which currently does not exist under New York law. Thus far, these bills have all failed to proceed. This time may be...

Louisiana Right of Publicity Moves Forward

The proposed “Allen Toussaint Legacy Act” has passed another hurdle in the Louisiana legislature. The bill passed the House last week and was sent to the Senate Judiciary Committee yesterday. The Act is named after the famed New Orleans musician, songwriter and producer, who died in 2015. The proposed law provides individuals with a “property...

Julia Child Foundation Sues Airbnb for Using Her Name

I finally got my hands on the complaint that was filed a few weeks ago by the Julia Child Foundation in California Superior Court. The Foundation holds the rights to Julia Child's "intellectual property rights, including all rights of publicity." Julia Child is, of course, the famous "cooking teacher, author and television personality" who wrote...

Arkansas Resurrects Right of Publicity Bill

The Arkansas legislature has reintroduced a right of publicity bill in the state after last year's bill was vetoed by its governor.  Governor Asa Hutchinson was concerned about the bill's limits on free speech.  Arkansas to date has only recognized a common law right of privacy and the tort of appropriation, tracking the Restatement (Second)...

Prince’s Death Sends Minnesota Legislature into Overdrive

Yesterday, the Minnesota legislature introduced a rushed bill to protect a right of publicity in that state and particularly to extend post-mortem rights in that state.  The bill came on the heels of the recent death on April 21st of the famous recording artist and composer Prince (aka Prince Rogers Nelson).  Prince apparently died without...