Tag: Right to Privacy
Ninth Circuit Tosses Hurt Locker Case
Today the Ninth Circuit finally decided Sarver v. Chartier. The court affirmed the district court’s holding that the alleged use of Sergeant Jeffrey Sarver’s identity in the Academy-Award winning film The Hurt Locker is protected by the First Amendment. The ultimate holding that the use of a real person’s identity in an expressive work, like...
Child Star Chachi’s Lawsuit Against her Mother is Dismissed
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 a minor, Chachi’s mother, Guadalope Gonzales, allegedly...
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...
Class Action by Lawyers Against Website with Attorney Profiles
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 a searchable database that sometimes also includes...
REVISED — L.A. Court Allows Reese Witherspoon to Proceed with Right of Publicity Claim Against Jeweler
(Revised to reflect final court order) On Tuesday, a court ruled that Reese Witherspoon could proceed with her right of publicity claims against a number of defendants who had used her name and image to sell various products, particularly jewelery. One company allegedly named an engagement ring, Reese, in reference to the famous actor. The...
First Amendment Protects Use of Videogamer’s Likeness in Cartoon Network Animated Series
Billy Mitchell, a well-known videogame player with world records for classic arcade games like Donkey Kong and Pac-Man, sued Cartoon Network for allegedly using his likeness for a character in The Regular Show. The animated comedy series follows two animals, a blue jay and a raccoon. In one episode, titled High Score, a character named...
Seventh Circuit Rejects Claims Against College Board by Private Individuals for Sale of Personal Information
On Wednesday, the Seventh Circuit held in Silha v. ACT, Inc. (7th Cir. 2015) that students who had taken the ACT and SAT did not have standing to sue for the alleged sale of their personal information. The Seventh Circuit pointed to the fact that even though the use of the test-takers' information had economically enriched...
Some Wyoming Legislators Want to Resurrect Privacy Bill and Send to Voters
The Wyoming Tribune Eagle reports today that the Wyoming Legislature's Joint Corporations, Elections and Political Subdivision Interim Committee voted to sponsor a bill that would allow voters to pass a privacy amendment to the state constitution. Such an amendment was rejected by the state Senate in January of this year. The proposed amendment is very...
Another Biopic lawsuit – This Time Straight Outta Compton
With success often comes lawsuits and the movie Straight Outta Compton is no exception. On Friday, the music manager Jerry Heller sued NBC Universal and others involved with the film claiming that the character in the film played by actor Paul Giamatti misappropriates his identity by using his name and likeness. The complaint also alleges...
Character in WOLF OF WALL STREET Does Not Violate Real Person’s Publicity Rights
On September 30, 2015, a federal district court in New York dismissed a right of publicity claim brought by former Stratton Oakmont employee, Andrew Greene. Greene was featured in convicted felon Jordan Belfort's memoir upon which the Martin Scorsese movie was based. The movie, however, did not use the plaintiff's name or likeness, but instead...