Overlawyered » right of publicity

Judge rules videogame maker has 1st Amendment right to depict college football players

Walter Olson — Fri, 16 Sep 2011 05:33:21 +0000

A federal judge “found that EA’s right to use the likeness of [former Rutgers quarterback Ryan] Hart was protected under the First Amendment of the Constitution and this right ‘outweighs’ Hart’s right to control the use of his name and likeness.” [GamePro]

Tags: right of publicity, videogames

Judge rules videogame maker has 1st Amendment right to depict college football players is a post from Overlawyered - Chronicling the high cost of our legal system

August 30 roundup

Walter Olson — Tue, 30 Aug 2011 14:28:25 +0000

“He coulda been a credenza”: actor’s estate sues over unauthorized “Brando” furniture line [The Daily via Balko] “Motorcycle Gang Sues Over ‘My Boyfriend’s A Hell’s Angel’ T-Shirt” [CBS-LA]
EEOC decries employer discrimination on the basis of applicants’ criminal records, recommends curbing background checks [WSJ Law Blog, FastCasual, Hyman, Greenfield] Bill in San Francisco would make felons a protected class in jobs, housing [Fox]
Why are Obama officials intent on reducing due process protections for those accused of campus sexual misconduct? [Silverglate, WSJ; Philadelphia Magazine, Samantha Harris/NY Post, Ciamarella, Daily Caller (AAUP objects to plan); links at SAVE] A contrasting view [Roderick Hills, Prawfsblawg]
9th Circuit rejects Bluetooth class action settlement to which Ted Frank’s CCAF objected [Fisher, NLJ, Frank]
Lawyer who represents jogger in product liability suit expects to file more actions claiming Skechers sneakers responsible for falls [BLT]
Part of a balanced breakfast: “Why the lawsuit against Nutella is bunk” [Nadia Arumugam, Slate] Update: Judge denies motion to dismiss [Russell Jackson]
Experts agree it’s OK to nominate Overlawyered for an ABA “100 Best Legal Blogs” slot here.

Tags: class action settlements, colleges and universities, criminal records and hiring, EEOC, right of publicity

August 30 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

July 29 roundup

Walter Olson — Fri, 29 Jul 2011 12:47:11 +0000

Don’t: “Lawyer Disbarred for Verbal Aggression to Pay $9.8M Fine for Hiding Cash Overseas” [Weiss, ABA Journal]
Loser-pays might help: “Dropped malpractice lawsuits cost legal system time and money” [Liz Kowalczyk, Boston Globe]
“Kim Kardashian and the Problem With ‘Celebrity Likeness’ Lawsuits” [Atlantic Wire]
Kim Strassel on the Franken-spun Jamie Leigh Jones case [WSJ]
Peggy Little interviews Prof. Lester Brickman (Lawyer Barons) on new Federalist Society podcast;
Worse than Wisconsin? “Weaponizing” recusal at the Michigan Supreme Court [Jeff Hadden, Detroit News]
New York legislature requires warning labels for sippy cups [NYDN]

Tags: Al Franken, don't, Lester Brickman, loser pays, medical malpractice, Michigan, nanny state, recusals, right of publicity

July 29 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

June 27 roundup

Walter Olson — Mon, 27 Jun 2011 12:57:27 +0000

“Electronic Arts Has Right to Refer to John Dillinger in Its Video Games” [Volokh]
Fans of “Civil Gideon” (constitutional entitlement to publicly funded lawyers in civil cases) glum that SCOTUS didn’t give idea much of a boost in Turner v. Rogers case last week [Concurring Opinions symposium, ABA Journal]
Feds (in particular, the FTC) go after Google [AW, Manne & Wright/TotM, Stoll]
“The Dept of Education, Yale, and the New Threat to Free Speech on Campus” [Greg Lukianoff/HuffPo] “In Making Campuses Safe for Women, a Travesty of Justice for Men” [Christina Sommers, Chron Higher Ed] Feds crack down on campus flirting and sex jokes [Michael Barone, D.C. Examiner] Heather Mac Donald on Yale hostile-environment complaint [City Journal, earlier] “Why Cross-Examination Rights Matter in Campus Sexual Harassment Cases” [Hans Bader]
Trial lawyer propaganda coup? HBO airs plaintiff’s-side “Hot Coffee” documentary [Abnormal Use, Ted Frank/PoL, Schwartz/NYT, more, yet more]
Financial institutions abroad will be pleased to be roped into U.S. regulatory schemes. Won’t they? [Dan Mitchell, Cato at Liberty]
Proposal for judge-guided negotiations in NY med-mal cases leaves Ted Frank underwhelmed [PoL]
“Virginia inmate sues after gruesome tries at sex change” [AP]

Tags: banks, civil gideon, colleges and universities, Federal Trade Commission, Google, hostile environment, medical malpractice, prisoners, right of publicity, videogames

June 27 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Claim: NY Yankee top hat logo copies her uncle’s 1936 design

Walter Olson — Fri, 22 Apr 2011 17:12:40 +0000

A spokeswoman for the baseball team said there was “no proof” of the woman’s claim. “This is a wonderful country,” said [Alice] McGillion, “where anybody can sue for anything, even when the allegations are over 70 years old.” [NY Post] More: Unbeige (on possible evidence for claim).

Also on sports logo law: “Can I legally get myself tattooed with a pro sports team’s logo?” [Cecil Adams, The Straight Dope]

Tags: right of publicity, sports, trademarks

Claim: NY Yankee top hat logo copies her uncle’s 1936 design is a post from Overlawyered - Chronicling the high cost of our legal system

February 21 roundup

Walter Olson — Mon, 21 Feb 2011 11:48:33 +0000

Estate of Anna Nicole Smith may sue over opera based on her life [Daily Mail via Surber, other Daily Mail]
Maryland Department of Environment: yep, we put tracking devices on Eastern Shore watermen’s boats [Red Maryland]
Trial lawyers’ federal contributions went 97% to Dems last cycle [Freddoso, Examiner]
$6.5 million for family abuse: unusual sovereign-exposure law costs Washington taxpayers again [PoL]
Canadian court: no, we can’t and won’t waive loser-pays for needy litigants who lose cases [Erik Magraken]
CPSC considers mandating “SawStop” technology [Crede, background]
Gun groups alarmed over ATF pick [Chicago Tribune]
Jury blames hit-run death on wheelchair curb cut [four years ago on Overlawyered]

Tags: Canada, CPSC, environment, guns, loser pays, Maryland, music and musicians, politics, right of publicity, sovereign immunity, Washington state

February 21 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Itsy-bitsy picture of astronaut on album cover

Walter Olson — Tue, 12 Oct 2010 05:11:27 +0000

It’s resulted in a life-size lawsuit: “Bruce McCandless, the NASA astronaut pictured small and floating in space above the Earth, is now suing Dido, Sony Music, Arista Records and Getty Images for using his picture.” [Eriq Gardner, THR Esq.; Bruce Carton, Legal Blog Watch]

Tags: music and musicians, photography, right of publicity

Itsy-bitsy picture of astronaut on album cover is a post from Overlawyered - Chronicling the high cost of our legal system

“Beer pong players sue over inclusion in ‘World’s Funniest Commercials’ video”

Walter Olson — Sat, 17 Jul 2010 13:25:22 +0000

The plaintiffs said to avoid embarrassment, they consented to the broadcast of their extreme beer-pong skills only in Denmark. Unfortunately, the ad went viral. [THR, Esq.]

Tags: advertising, right of publicity

“Beer pong players sue over inclusion in ‘World’s Funniest Commercials’ video” is a post from Overlawyered - Chronicling the high cost of our legal system

Lindsey Lohan sues E-trade over baby commercial

Ted Frank — Tue, 09 Mar 2010 23:04:12 +0000

On Super Bowl Sunday, E-Trade ran one of their annoying talking-baby commercials; this one featured a blond baby named “Lindsay” (the 380th most popular baby-girl name in 2008) that another baby calls a “milk-aholic.” This, says 23-year-old Lindsay Lohan, was a violation of the rights to her “name and characterization”; she’s sued in Nassau County, New York state court, and is asking for $100 million. The advertising agency says Baby Lindsay was named after someone on the ad team. [lawsuit via TMZ; NY Post; Reuters]

Commenter Richard Nieporent reminds us of the similar Spike Lee vs. Spike TV silliness.

Tags: advertising, celebrities, Lindsay Lohan, New York state, right of publicity, Super Bowl

Lindsey Lohan sues E-trade over baby commercial is a post from Overlawyered - Chronicling the high cost of our legal system

A 70 year post-mortem right of publicity?

Walter Olson — Tue, 09 Feb 2010 05:22:37 +0000

Under a proposed bill in the New York legislature, the owners of (say) Marilyn Monroe’s estate would be entitled to prevent the use of her persona in advertising for many years to come. [Trademark Blog]

Tags: New York, right of publicity

A 70 year post-mortem right of publicity? is a post from Overlawyered - Chronicling the high cost of our legal system