Attorney’s Fees, Copyright Infringement, Copyright Issues, Right of Publicity, Trademark Infringement, Trademarks
The dispute that led to the legal battle between the Beastie Boys band and Monster Energy Company (“Monster”), involved Monster’s use without permission of songs by the Beastie Boys and verbal references to the band and a member, Adam Yauch, in a promotional video....
Copyright Infringement, Copyright Issues, Right of Publicity
Justin Bieber, Usher Raymond, Robin Thicke, Pharrell Williams and Sam Smith have all recently been challenged by claims of copyright infringement based on allegations that they incorporated other people’s music into their recordings. If celebrities can be found liable...
Right of Publicity, Trademarks
In earlier blogs, I raised the alarm about improperly using a famous personality in the advertising of a business. If you need a clearer example of how even a large urban supermarket chain can stir up a hornet’s nest when they try to coast on the...
First Amendment, Right of Publicity, Trademarks
One good method for a trade association, charitable organization or for-profit entity to expand its mission while simultaneously generating additional revenues is to establish a certification program. The entity wishing to set up a certification program (the...
Right of Publicity, Trademarks
A recent opinion by the Ninth Circuit Court of Appeals concerning a dispute over the use of trademarks associated with Jimi Hendrix, even though deceased, should remind those thinking of using the images, likenesses or names of celebrities, whether alive or dead, to...
First Amendment, Right of Publicity
If you are in the business of communicating ideas which, needless to say, you hope are of general interest to the public, you could find yourself on the wrong end of a lawsuit. This is because in the course of “doing your job” you also may be stepping on the...