On February 19, the U.S. Court of Appeals for the Seventh Circuit reversed and remanded a lower court’s dismissal of a claim brought by Michael Jordan against Jewel Food Stores. Jordan’s lawsuit alleged that the grocery store misappropriated his identity for the store’s commercial benefit by running an ad in Sports Illustrated that congratulated the ex-player on his 2009 induction into the Basketball Hall of Fame. Though the ad didn’t feature Jordan himself, it prominently displayed a pair of red and white gym shoes featuring …
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Supreme Court Denies NCAA’s Petition to Get “In The Game”
On January 13, 2014, the U.S. Supreme Court denied the NCAA’s request to intervene as a party in Keller v. Electronic Arts Inc. The Keller case stems from 2009 and involves “rights of publicity” and antitrust claims. Former college football players alleged that the EA violated their right of publicity and conspired with the NCAA by using their image and likeness in its videogames.
In EA’s appeal, the Ninth Circuit held that the NCAA was not immune to the players’ claims because the depictions in …
Continue Reading1..2..3..4..Court Shows Lohan’s Suit Against Pitbull the Door
U.S. District Judge Dennis R. Hurley recently tossed Lindsay Lohan’s lawsuit against the rapper Pitbull, citing First Amendment protections as grounds for his decision.
Lohan filed the suit against Pitbull and several other defendants after the rapper released a 2011 song entitled “Give Me Everything” – a track which included the following lyrics: “So, “I’m tiptoein’ to keep flowin’/ I got it locked up like Lindsay Lohan.” Lohan’s complaint alleged violations of the New York Civil Rights Law (for using her name in advertising/trade without …
Continue ReadingCourt Rules ‘Bachelor’/’Bachelorette” Casting Directors Free to Give Roses to Applicants of Their Choosing
A Tennessee federal judge dismissed a race bias class action against ABC Inc. and the producer of “The Bachelor” and “The Bachelorette,” determining that the show’s casting decisions are “part and parcel of the creative process behind a television program” and therefore protected by the First Amendment.
Individuals Nathaniel Claybrooks and Christopher Johnson filed the suit in April, alleging that ABC intentionally excluded minorities from the hit reality series, thereby perpetuating “outdated racial taboos.” Although “Bachelor” and “Bachelorette” have aired for a combined total of …
Continue ReadingNo Doubt Settles ‘Band Hero’ Lawsuit over Avatars with Activision
On October 3, 2012, popular musicians No Doubt settle their ongoing lawsuit against Activision Publishing, Inc. over the use of the group’s ‘avatars’ in the ‘Band Hero’ video game. No Doubt had filed suit for breach of contract and right to publicity claims when it was discovered that players could use the No Doubt avatars to perform songs in the game by other musicians.
No Doubt alleged that they had been “turned into a virtual karaoke act” by the game, and asserted that the game …
Continue ReadingWalt Disney Pictures and Buena Vista Home Entertainment Sue Horse-Racing Announcer’s Estate Seeking Declaratory Judgment on Right of Privacy/Copyright Claims Over Secretariat
Walt Disney Pictures and Buena Vista Home Entertainment filed a complaint in the United States District Court for the Eastern District of New York on Friday, June 29, requesting declaratory judgment against family members of the late horse-racing announcer Charles Anderson. The companies are seeking to pro-actively guard against the estate’s right of publicity and copyright claims related to the 2010 film Secretariat.
According to the complaint, Anderson’s widow, daughters, and sons have spent the past two years asserting multiple bases of liability for …
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