News & Commentary

December 9, 2015 2:45 pm PT
hurt locker right of publicity lawsuit sarver ninth circuit
In a letter filed this week in the Ninth Circuit, Sarver’s attorney reminds the Ninth Circuit that this case, which was argued on May 9, 2013, still has not been decided by the Court of Appeals. Sarver v. The Hurt Locker, LLC, involves a right of publicity claim (among other claims) for...
December 8, 2015 2:30 pm PT
right of publicity lawsuit supreme court certiorari davis v. electronic arts madden nfl
Michael Davis and the other retired football players who sued Electronic Arts for the use of their identities in Madden NFL filed their opposition brief today in the Supreme Court. They argue against granting certiorari in the case. The Ninth Circuit previously held that the alleged use of the...
December 4, 2015 2:30 pm PT
AVVO logo right of publicity suit by lawyers
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...
December 2, 2015 3:30 pm PT
Reese Witherspoon engagement ring right of publicity suit
(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...
November 24, 2015 1:00 pm PT
regular show cartoon network billy mitchell right of publicity lawsuit
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....
November 20, 2015 10:00 am PT
ACT SAT right of publicity and privacy suit seventh circuit
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...
November 19, 2015 1:15 pm PT
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...
November 19, 2015 10:30 am PT
Right of Publicity article jennifer rothman virginia law review logo commercial speech commercial use and the intellectual property quagmire
My latest article, Commercial Speech, Commercial Use and the Intellectual Property Quagmire, is in print this week in the Virginia Law Review. The article considers the role in intellectual property laws of commercial speech doctrine and considerations of commerciality more generally...
November 18, 2015 7:30 pm PT
right of publicity claim versus Huckabee for eye of tiger copyright
Today, Rude Music filed a complaint in a federal district court in Illinois for the use of the song “Eye of the Tiger” by Presidential candidate Mike Huckabee. The song by the band Survivor was the theme song in the movie Rocky III which topped the charts at the time.  Huckabee played...
November 9, 2015 3:15 pm PT
Timed Out Tiffany Toth Right of Publicity Complaint against LA Girl Jewelry
Timed Out LLC, a California company, that advertises its image protection services to models has sued LA Girl Jewelry for using Tiffany Toth's image and likeness in its advertisements. The complaint alleges that Toth assigned her right to sue to Timed Out. This complaint is another in the...

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The Book

Privacy Reimagined For A Public World

THE RIGHT OF PUBLICITY: Privacy Reimagined for a Public World

This book from Harvard University Press by Professor Jennifer Rothman traces the history and development of the right of publicity and its current collision course with individual liberty, free speech and copyright law.

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