Protecting Image and Likeness Through Trademark Law (2024 Edition)

Daniel A. Rozansky
Daniel A. Rozansky
Stubbs Alderton & Markiles, LLP

Dan Rozansky represents clients across multiple platforms including film, television, music, concerts and touring, and digital media.

Michael Bernet
Michael Bernet
Stubbs Alderton & Markiles, LLP

Michael is a Litigation Associate at Stubbs Alderton handling intellectual property and general civil matters, including copyright, trademark, right of publicity, breach of contract, fraud, and other types of matters.

On-Demand: November 8, 2023

$195.00 2 hour CLE

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Program Summary

Many attorneys are familiar with protecting image and likeness through state rights of publicity laws, but trademark law offers another avenue for celebrities to protect their name, image, and likeness through false endorsement claims. This session will provide attorneys with an overview of the differences between right of publicity claims and false endorsement claims as well as an outline of how courts evaluate the role of “public recognition” in false endorsement claims.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Right of publicity
  • False endorsement claims: Protection for image and likeness through trademark law
  • Case law on the role of “public recognition” in false endorsement claims

Date / Time: January 26, 2024

Closed-captioning available

Speakers

Daniel-A.-Rozansky_Stubbs-Alderton-Markiles-LLP_FedBarDaniel A. Rozansky | Stubbs Alderton & Markiles, LLP

Dan Rozansky represents clients across multiple platforms including film, television, music, concerts and touring, and digital media. As a result of his well-recognized skills, Dan has prevailed in a number of high-stakes entertainment cases, including some of Hollywood’s most significant cases in the areas of copyright, trademark, First amendment, profit participation, licensing, advertising, reality television, right of publicity, rights of privacy and breach of implied contract. Dan is a frequent resource for the Los Angeles and San Francisco Daily Journal on topics relating to Section 230 of the Communications Decency Act and the bounds of the protections it affords interactive computer services such as Twitter and Facebook for content posted by third parties. When disputes arise, Dan Rozansky brings his decades of experience at AmLaw 100 and 200 firms and his relentless approach help achieve the best possible outcome for his clients. This approach has led Dan to be recognized as an industry leader, including being listed as a top entertainment and media litigator in Chambers USA (2011-2019, 2022- 2023). In 2013, 2014, 2016 and 2023 he was featured in Variety’s “Legal Impact Report,” which names the top attorneys who are making a significant impact in the entertainment industry.

 

Michael Bernet_FedBarMichael Bernet | Stubbs Alderton & Markiles, LLP

Michael is a Litigation Associate at Stubbs Alderton handling intellectual property and general civil matters, including copyright, trademark, right of publicity, breach of contract, fraud, and other types of matters. Michael is an active member of the International Trademark Association (INTA) and is currently serving his second two-year appointment on its Non-Traditional Marks Committee and Litigation Task Force Subcommittee.

Agenda

I. The right of publicity | 2:00pm – 2:30pm

II. False endorsement claims | 2:30pm – 3:00pm

Break | 3:00pm – 3:10pm

III. The role “public recognition” in false endorsement claims | 3:10pm – 3:40pm

IV. Considerations for bringing right of publicity and false endorsement claims | 3:40pm – 4:10pm