Tag: Merchandise

Second Circuit Holds that Copyright Law Preempts Publicity Claims Against Sirius XM

On October 4th, in Melendez v. Sirius XM Radio, Inc., the Second Circuit held that copyright law preempted a performer’s right of publicity claims arising out of Sirius XM’s rebroadcasting and promotion of past Howard Stern shows. The plaintiff, John Edward Melendez, also known as Stuttering John, was a regular participant on The Howard Stern...
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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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Beyonce, Pharrell, Rihanna, Jay-Z, and Kanye West Sue Over Use of their Images and Names on Merchandise

These megastars sued Eleven LLC for using their names and images in a variety of merchandise, including t-shirts, hats, and cell phone covers. Some of the images evoked Hitler and some of the items used lyrics from the artists’ songs. The plaintiffs’ complaint includes claims for violations of New York’s Civil Rights Laws § 50...
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Artwork sold by Target to celebrate the civil rights movement is itself a target – of a right of publicity claim by Rosa Parks’ estate.

A case filed in Alabama, but decided by the district court under Michigan law, where Ms. Parks died, claims that Target’s celebratory plaques that include Parks’ image, as well as that of Reverend Martin Luther King Jr. may infringe Rosa Park’s right of publicity. The district court held that the use is protected by the...
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