right of publicity

Right of Publicity Punch: Bruce Lee Enterprises Sues Kungfu Catering

December 30th, 2019 Over the years, the estate of Bruce Lee, organized under the corporate name of Bruce Lee Enterprises, LLC (“BLE”), has endeavored to protect the Bruce Lee brand by filing various lawsuits throughout the world. BLE’s latest lawsuit seeks $30 million from the Chinese-based restaurant chain, Kungfu Catering Management (“KCM”), for its alleged …

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California Fair Pay to Play Act and College Athlete Marketing

October 2, 2019 For as long as the National Collegiate Athletic Association (“NCAA”) and universities have made money on college sports, people have debated whether college athletes should be compensated for their contributions to this lucrative revenue source. On September 30, 2019, the State of California made its position clear on the issue when Governor …

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Indiana Supreme Court Rules Against Student Athletes in Fantasy Sports Rights of Publicity Case

October 29, 2018 In a landmark decision, the Indiana Supreme Court has ruled that student athletes do not have a right of publicity basis to prevent fantasy sports companies from using their names, pictures and/or statistics without the athletes’ consent under the State’s statute. Why did the Court find no preemptive right of publicity for …

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Court Holds that Fantasy Sports Companies Did Not Violate Players’ Rights by Using Their Names and Likenesses

October 4, 2017 On September 29, 2017, the United States District Court for the Southern District of Indiana (Walton Pratt, J.) issued a decision dismissing claims by three former college football players, Akeem Daniels, Cameron Stingily and Nicholas Stoner, alleging that Fanduel, Inc. and Draftkings, Inc. each violated the players’ respective rights of publicity by …

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Fantasy Sports Companies Fight Right of Publicity Claims

June 30, 2016 This week, FanDuel and DraftKings each made motions to dismiss a putative class action lawsuit pending in the Southern District Court of Indiana.  In that lawsuit, three former college football players sued the fantasy sports companies for alleged violation of their rights of publicity under Indiana law by including their respective names …

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Eighth Circuit: Non-Commercial Copyright Use Preempts Right of Publicity

February 1, 2016 Last Friday, the U.S. Court of Appeals for the Eighth Circuit upheld a Minnesota federal district court’s grant of summary judgment in favor the National Football League (the “League” or “NFL”) regarding the rights of publicity of former NFL players with respect to certain League film projects. How far-reaching are the implications …

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NFL Players File Right of Publicity Class Action Against FanDuel

November 2, 2015 Last Friday, Washington Redskins wide receiver Pierre Garçon filed a class action lawsuit against fantasy sports operator FanDuel Inc. (“FanDuel”). Among other things, the suit alleges that FanDuel violated National Football League (“NFL”) players’ rights of publicity through the unauthorized commercial use of each class member player’s name and likeness. Can fantasy …

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