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Ninth Circuit Rules on Copyright Preemption of Right-of-Publicity Claims

USA - April 10 2017 Last week, in Maloney v. T3 Media, Inc., the U.S. Court of Appeals for the Ninth Circuit held that claims under state right-of-publicity law are...

Michael Davis-Wilson.

8th Circuit Clarifies Reach of Copyright Act in Preempting Right of Publicity Claims

USA - March 2 2016 Courts around the country have long struggled to define and articulate, with any uniformity, whether and in what circumstances the Copyright Act...

Ciara N. Mittan.

Hurt Locker Decision Clarifies Differences in First Amendment Interests and Personal Interests Protected by the Right of Publicity

USA - February 23 2016 9th Circuit affirms filmmakers' use of an individual's story in the film The Hurt Locker is protected by the First Amendment and does not violate...

Derek Khanna.

Hana Financial v. Hana Bank - the Supreme Court reaffirms the power of the jury to decide issues of commercial impression in a trademark tacking decision

USA - January 23 2015 In the first substantial trademark case in over a decade, the Supreme Court unanimously decided that a jury can apply the tacking doctrine and decide...

Eric Ball.

California Superior Court finds use of likeness of former Panamanian dictator Manuel Noriega in video game transformative

USA - November 6 2014 In recent years, federal and state courts have wrestled with how to assess right of publicity claims in the video game context when a real person’s...

Ciara N. Mittan.