In Maloney v. T3Media, Inc. d/b/a Paya.com, No. 15-55630 (9th Cir. April 5, 2017) (Available Here), the Court of Appeals for the Ninth Circuit held that plaintiff’s state law claims were preempted by section 301 of the federal Copyright Act because plaintiffs sought to hold … [Read more...] about Right of Publicity Preempted by Copyright Law
NFL Players Right-of-Publicity Claims in NFL Films Preempted by Copyright Act
In Dryer, Bethea and White v. The National Football League, 14-3428 (8th Cir. February 26, 2016) (Available here), the Eighth Circuit affirmed the district court’s grant of summary judgment to the National Football League (“NFL”) on the appellant’s right-of-publicity and Lanham … [Read more...] about NFL Players Right-of-Publicity Claims in NFL Films Preempted by Copyright Act
False Endorsement Under the Lanham Act – Unauthorized Use of Bob Marley Image
In Fifty-Six Hope Road Music, Ltd. et al. v. A.V.E.L.A., Inc. et al., Case No. 12-17502, Feb. 20, 2015 (9th Cir.) the Ninth Circuit Court of Appeals found that the district court did not err in denying defendant’s motion for judgment as a matter of law on plaintiff’s Lanham Act … [Read more...] about False Endorsement Under the Lanham Act – Unauthorized Use of Bob Marley Image
EA’s NCAA Football Video Game Violates Players’ Right Of Publicity
The Third Circuit Court of Appeals found that a college football player has a right to publicity claim against a video game company who used his likeness in its annual NCAA Football video game. Hart v. Electronic Arts, Inc., Case No. 11-3750 (3d Cir. May 21, 2013) (available … [Read more...] about EA’s NCAA Football Video Game Violates Players’ Right Of Publicity
