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The Trademark Blog

Published by Martin Schwimmer

Right of Publicity/Privacy

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I Will Not Post Another Photo Of Jessica Alba Here

By Marty Schwimmer on March 7, 2006
Posted in Right of Publicity/Privacy

. . . even though it’s germane. Playboy has refused to pull its March issue featuring Ms. Alba on the cover (background here). As to Ms. Alba’s argument that the appearance on the cover of Playboy suggests (promises? implies? teases?) that the subject will appear nude or semi-nude (why isn’t it demi-nude?) inside…

Alba v. Playboy: Cover Expectations

By Marty Schwimmer on March 3, 2006
Posted in Right of Publicity/Privacy

alba.jpg
Jessica Alba refused to pose for Playboy’s cover. Playboy obtained a photo from the studio for Alba’s latest movie and ran that.
From the letter to Playboy from Lavely & Singer (Alba’s attorneys) (via The Smoking Gun):

“. . . Playboy has established a known custom and practice (and an expectation with and among the…

Name, Likeness and Truthiness

By Marty Schwimmer on February 10, 2006
Posted in Right of Publicity/Privacy

colbert.jpg
Steven Colbert either coined the term TRUTHINESS or is most responsible for its popularization. He introduced it as his ‘word of the day’ in the first episode of his show THE COLBERT REPORT in October and the concept of ‘feeling the truth’ caught on. By the end of the year, the American Linguists Society,…

A Suspiciously Waitsian Voice

By Marty Schwimmer on January 20, 2006
Posted in Right of Publicity/Privacy

Prof Patry on Tom Waits on those who mimic Waits for profit.
Trivia: Which Tom Waits song contains the lyric: “Change your life, change into a 9 year old Hindu boy”?
Answer here.

Google, MLK Likeness and ‘I Have A Dream’ Copyright

By Marty Schwimmer on January 16, 2006
Posted in Right of Publicity/Privacy

Gawker on protection of IP related to Martin Luther King. Hat tip David.

Eschaton and Intent To Annoy

By Marty Schwimmer on January 11, 2006
Posted in Libel/Defamation, Parody/Speech, Right of Publicity/Privacy

Atrios is the pseudonym for a blogger who writes for the popular Eschaton blog. Three times today he posted critical comments of Arlen Specter and ended all of them by providing Specter’s contact info and the exhortation that his readers call Specter and ask him provocative questions.
If many people called Specter and ask him…

Celebrity Endorsement As Theatre

By Marty Schwimmer on December 23, 2005
Posted in Right of Publicity/Privacy

Must-read: Peyton Manning: The Man And The Brand, via This Blog . . . Hat tip to the less famous Froomkin.

Sixth Circuit: Right of Publicity / Attorneys Fees Decision

By Marty Schwimmer on October 25, 2005
Posted in Circuit Court Decisions, Right of Publicity/Privacy

Sixth Circuit discussion of, inter alia, award of attorneys fees under the Lanham Act. Discussion of case by Silicon Valley Media Law Blog here.
Andretti v. Borla Performance Industries, civ 04-1835 (6th Circuit, October 21, 2005).

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