. . . 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
Right of Publicity/Privacy
Alba v. Playboy: Cover Expectations

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

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
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
Eschaton and Intent To Annoy
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
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
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).