Oakland, California – District Judge Claudia Wilkin (pictured) issued a new order regarding in re NCAA Student-Athlete Name & Likeness Licensing Litigation, a putative class action involving the Indianapolis-based National Collegiate Athletic Association (“NCAA”). The NCAA’s motion to dismiss on, inter alia, copyright and First-Amendment grounds was denied. In this…
Articles Posted in Right of Publicity
Leon Isaac Kennedy Sues GoDaddy, Spirit Media, Arthur Phoenix and Five Doe Defendants for Purchase of Leonisaackennedy.com
Indianapolis, Ind. – A trademark lawyer for American actor, minister, producer and writer Leon Isaac Kennedy of Burbank, Calif. sued alleging Lanham Act violations, unfair competition and violations of various Indiana state statutes as a result of defendants’ purchase of the domain name Leonisaackennedy.com. The defendants are GoDaddy.com, LLC of Scottsdale, Ariz.,…
Bill to Expand Indiana’s Right to Publicity Law Won’t Pass This Year
Indianapolis, IN – Today is the last day of the Indiana General Assembly’s legislative session, called Sine Die, and it looks like the session will end without passing of proposed changes to the Indiana Right to Publicity law. The bill would have clarified that a person who died before 1994…
More on the Pending Bill to Expand Indiana’s Right to Publicity Law
Indianapolis, IN – In an update to our earlier blogs, the Hollywood Report has published a long article about Indiana’s Right of Publicity Law, I.C. 32-36-1-8, and the pending bill to amend that law. The article states that dead celebrities “enjoy phenomenal legal rights in the state.” Several Indiana intellectual…
Update: Right of Publicity Bill Passes Indiana House, Now Before Indiana Senate
Indianapolis, IN – In an update to our blog last week, a bill in the Indiana General Assembly that would make changes to Indiana’s Right of Publicity Law, I.C. 32-36-1-8, passed the Indiana House, 85-7, on January 30. The bill is now before the Senate Committee on Public Policy. No…
Indiana House Bill Looks Right of Publicity
Indianapolis, IN – A bill pending in the Indiana General Assembly would make changes to Indiana’s Right of Publicity Law, I.C. 32-36-1-8. The bill would clarify that a person who died before 1994 does have the publicity rights provided by the law. This bill is co-authored by Representatives Sean Eberhart…
James Buchanan and J. B. Custom, Inc. Sues Henry Repeating Arms Company for Trade Dress and Right of Publicity Right Infringement for Firearms Ads in Allen County Superior Court, Case Removed to Federal Court
Fort Wayne, IN – Trademark lawyers for James Buchanan and J.B. Custom, Inc. of Huntertown, Indiana filed a trademark infringement suit in Allen County, Indiana Superior Court alleging Henry Repeating Arms Company of Bayonne, New Jersey infringed trademark registration no. 3645700 for the mark MARE’S LEG, registered with the…
Indiana’s Unique Right to Publicity Law Examined
Indianapolis, IN – Indiana, like eighteen other states, has a right to publicity law that can be described as the right to control the commercial use of one’s identity. The right to publicity, sometimes called personality rights, are state law rights, unlike most intellectual property rights, which are federal…
Indiana Federal Court Rules EA Can Use “Dillinger” in Its Video Games
Indianapolis, IN – Intellectual property lawyers for Electronic Arts, Inc., (“EA”) of Redwood City, CA, emerged victorious when Judge Jane E. Magnus-Stinson of the Southern District of Indiana ruled that Indiana’s right of publicity statute and federal trademark law do not prevent EA from using the word “Dillinger” and…
Dion Designs sues Allwin Powersports, et.al. for Copyright, Trademark Infringement and Misappropriation of Trade Secrets
Indianapolis, IN – Copyright lawyers for Dion Designs of Quebec, Canada have filed an infringement suit against Allwin Powersports, Corporation, Inc., Arthur Liao, MHR Helmet Co., Ltd., Foshan Shunde Fengxing Helmets, Ltd., and Jiangmen Pengcheng Helmets, Ltd. Plaintiff Dion claims he is a famous designer of helmets, who signed…