So holds Lohan v. Perez (E.D.N.Y. Feb. 21, 2013), with regard to Pitbull’s line, So, I’m toptoein’, to keep flowin’, I got it locked up, like Lindsay Lohan. The court reasons — quite correctly, I think — that such references are protected under the First Amendment against a “right of publicity” (i.e., misappropriation of another’s […]
Archive | Right of Publicity
E = mc^2 + 50
Where did he get that 50, you ask? Well you might. Lawyers ask similar questions when judges making common law or constitutional law draw numerical lines, though sometimes there are plausible answers to such questions. Hebrew University of Jerusalem v. General Motors LLC (C.D. Cal. Oct. 15, 2012) offers an interesting illustration. Hebrew University stemmed […]
Buying Search Engine Placement Triggered by a Competitor’s Name
Habush v. Cannon, 2011 WL 2477236 (June 8), holds that such purchases can’t be enjoined under Wisconsin “right of publicity” law. Plaintiffs, Robert L. Habush and Daniel A. Rottier, are personal injury lawyers and partners in Habush Habush & Rottier. Defendants, William M. Cannon and Patrick O. Dunphy, are plaintiffs’ competitors, and partners in Cannon […]