Right of Publicity/Privacy

Lohan v Take-Two Interactive:

Lindsay Lohan’s New York right of publicity suit against the publishers of Grand Theft Auto, arising from use of avatar Lohan asserted was a ‘portrait’ of her, dismissed by NY Court of Appeals:

“.. . we conclude that the amended complaint was properly dismissed because the
artistic renderings are indistinct, satirical

49ers logo

This is interesting for a bunch of reasons. The San Francisco Forty-Niners sue a nightclub near its stadium, that promotes events that refer to the Niners or its players. See Exhibits Q, R and S in the second document below for ads the club distributes to promote, for example, birthday parties ‘in honor of’ specific

CMG and Estate of Marilyn Monroe continue their dispute over the rights to her rights of publicity, to the extent they exist.

Background here. Two comments about the complaint. There’s a typo in paragraph 21, and if CMG had to list 8 famous celebrities it represents, I’m surprised Tommy John makes the list.


My friend Tom writes:

Pepsi is running an ad with War’s “Why can’t we be friends?” War is suing them for 10M saying Pepsi didn’t secure the rights.  If you were going to steal a song, why would you steal from a group called War?

Excellent point Tom, and love to Andi.  Although some articles

Jim Brown sued EA, publisher of Madden Football video game, re use of avatar that resembled Brown. Image was used in game but not in promotional material for game. Judge dismisses case on First Amendment grounds. Background on on-going disputes between atheltes and EA here. You can use TIGER WOODS and TONY TWIST as