In May 2006, Cingular Wireless issued a press release containing information about Cingular’s preparedness for disasters, such as hurricanes, through its “MACH1” and “MACH2” mobile command centers.  Playing off the “MACH” name, the press release compares the significance of Cingular’s mobile command centers with the achievement of legendary test pilot Chuck Yeager in breaking the sound barrier and achieving Mach 1.

General Yeager sued bringing claims for, among other things, violation of California common law and statutory right of publicity.  Cingular, now AT&T, brought a motion for summary disposition on the grounds that (1) the First Amendment protects the press release because it contains newsworthy matter and is not commercial speech, and (2) the use of Yeager’s name was “fleeting and …read more

CBS Interactive Inc. v. National Football League Players Association is the most recent case permitting the commercial use of professional athlete’s names and statistics without permission.

CBS Interactive operates the website CBSSports.com.  The NFL Player’s Association acts as the exclusive collective bargaining representative for active players in the NFL.  Among other things, the NFLPA has the right to license the use of the individual players’ names, signatures, facsimile, voices, pictures, photographs, likenesses, and biographical information in connection with “group licensing programs” involving six or more players (e.g., fantasy sports, video games, etc.).  NFLPA assigned this right to Players, Inc. in exchange for royalties.  Players, Inc. in turn licenses this right to companies like CBS to use in programs such …read more

“A 12-person jury deliberated six hours over two days in January before awarding [the plaintiff] $50,000 in compensatory damages.  The verdict made him the first plaintiff awarded damages in a libel suit against a blogger….The case is one of at least 50 similar suits filed in the past several years.” — Kansas City Daily News, October 26, 2006

“Social media – always fun until someone gets sued.” — FP Legal Post, March 16, 2009

What are blogs, wikis, and online forums?

Blogs, wikis, and online forums are part of the Web 2.0 social media explosion that are changing the way we do business and work with each other. Web 2.0 represents one of the greatest opportunities of our lifetime to share ideas and …read more

I came across a terrific article recently about a case involving a small business owner’s sale of books online.  The full article can be read here.  …read more

A client recently sent me this article about the family of the late Rev. Martin Luther King Jr. (MLK) “demanding a share of the proceeds from the sudden wave of T-shirts, posters and other merchandise depicting the civil rights leader alongside Barack Obama.”  The family is asserting MLK’s right of publicity (i.e., the right to control and commercially exploit his name and image for profit), which passed to his heirs after his death.  While it is not at all unusual for the heirs of a deceased celebrity to police unauthorized commercial exploitation of the celebrity’s name and image, this paragraph from the article struck me as slightly off the mark:

“King’s writings, likeness and voice are considered intellectual property, …read more