So, does the CDA apply to
publicity rights claims?
Not exact matches
You agree to defend, indemnify and hold harmless NBCUniversal, its affiliates and their respective directors, officers, employees and agents from and against any and all
claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these terms, including any of the foregoing provisions, representations or warranties, and / or from your placement or transmission of any content onto NBCUniversal's servers, and / or from any and all use of your account; (b) any material posted or otherwise provided by you (including without limitation User Content), or any other subscriber or user of your account that infringes any intellectual property
right of any person or entity or defames any person or violates their
rights of
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claims based on
publicity rights, defamation or invasion of privacy, or merchandise delivery.
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claims, damages, or any other injury, whether due to negligence or otherwise, to person (s) or property (including, without limitation, death or violation of any personal
rights, such as violation of
right of
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claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property,
rights of
publicity or privacy, defamation, or portrayal in a false light)(collectively, «
Claims&ra
Claims»).
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publicity right or «moral
rights of authors» or any other
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claims of or respecting slander, libel, defamation, invasion of privacy or
right of
publicity, false light, infringement of copyright or trademark, or violations of any other
rights arising out of or relating to any use of the Content as authorised herein.
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claim for copyright infringement or a violation of an individual's
right to privacy and / or
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The court dismissed the plaintiff's tort
claims for defamation and intentional infliction of emotional distress — but didn't dismiss her
claim based on her «
right of
publicity».
Since
right to
publicity claims vary from state to state, sites would have to tailor their practices to the lowest common denominator and make sure they followed the most restrictive state laws, or face the possibility of being liable for violating a state intellectual property law.
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rights of any person, firm or entity, expressly including but not limited to libel, slander or invasion of
rights of privacy,
publicity or «moral
rights».
This past month, an Ohio district court ruled that several online self - publishing services were not liable for
right of
publicity or privacy
claims for distributing an erotic (and so - called «less than tasteful») book whose cover contained an unauthorized copy of the plaintiffs» engagement photo because such services are not publishers.
If you believe that any of the Contributed Material on the Sites infringes your copyright or trademark
rights or your
rights of
publicity, please provide PetSmart Charities» agent, namely its General Counsel, the requested information as set forth in the Section entitled «Notice of
Claims of Intellectual Property Violations» in the Terms of Use.
a
claim that any use of the Petzam Site by you or someone using your mobile device (or account, where applicable) infringes on any intellectual property
right of any third party, or any
right of personality or
publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party;
A California attorney has dropped his putative class action against Avvo in which he
claimed that by using attorneys» names and likenesses on its website, Avvo was violating California's laws on
rights of
publicity and unfair competition.
First, I doubt that Blitzer even had a legal
right to stop Wolfblitzzer0 from his posts; unless the posts were commercial advertising (which I doubt), Blitzer wouldn't have a
right of
publicity or trademark
claim against Wolfblitzzer0.
Lucas has litigated a variety of matters, including actions for breach of contract, interference torts, unfair business practices, misappropriation, copyright and trademark infringement, profit participation
claims, idea submission
claims, and media torts including defamation, invasion of privacy,
right of
publicity and misappropriation of name and likeness in all media, including the Internet.
The
claim that the 9th Circuit said could go to the jury was one for violation of the common law
right to
publicity.
Mr. Baker has experience in all areas of the litigation process in commercial disputes involving false advertising
claims, trademark and trade dress infringement
claims, copyright infringement
claims, data privacy
claims, patent infringement
claims, art ownership and acquisition
claims, trade secrets,
right of
publicity / privacy
claims, consumer protection statute
claims, and breach of contract
claims.
His practice focuses on all aspects of the entertainment industry, representing clients in the film, television and music industries in matters involving accounting and profit participation
claims, copyright and trademark disputes,
right of
publicity, idea submissions, breach of contract, defamation, employment and insurance.
Her experience includes both first - party and third - party insurance disputes involving
claims for copyright infringement, misappropriation of likeness /
right of
publicity, trade disparagement, class action securities fraud, Department of Justice and grand jury investigations, actuarial malpractice, class action predatory lending, class action
right - of - way / trespass, class action property and environmental damage, class action toxic tort, personal injury / class action mass tort, insurance broker - agent liability, and reinsurance.
The California appellate judges also noted that First Amendment
claims had trumped assertions about violations of
publicity rights, for example, with civil
rights pioneer Rosa Parks» depiction in books, movies and a plaque.
The appellate judges heavily relied on Guglielmi v. Spelling - Goldberg Productions (Gugliemi) to determine that FX had a first Amendment Protection against a
right of
publicity claim.
Explain why Beautified is or is not liable on Kardashian's
right of
publicity claim under California law.
Our litigators have extensive trial and appellate experience, and have litigated a wide variety of issues, including those involving distribution
rights, profit or revenue participations, audit
claims, talent disputes, copyright, idea submission and trademark
claims, First Amendment, defamation and
right of
publicity claims, labor and employment
claims, insurance disputes and antitrust, unfair competition and vertical integration
claims.
MLB
claimed a violation of the
right to
publicity by the various services.
In addition, Ms. Seligman advises on the full complement of advertising and marketing law issues, including
claims and substantiation, native advertising, social media, mobile marketing and laws governing intellectual property and
rights of
publicity and privacy.
Our attorneys have considerable experience in all of the legal issues affecting a business's ability to promote its offerings, including
claim substantiation, Lanham Act false advertising, social media promotions, state unfair competition, First Amendment protection for commercial speech, FDA labeling rules, trademark, copyright, product disparagement,
right of
publicity, keyword advertising disputes, sweepstakes and contests, privacy and data security.
In August 2015, a California federal court granted Weil's motion for summary judgment on behalf of CBS Interactive Inc. (CBSI) in another landmark
right of
publicity case (Lightbourne) that dismissed all of plaintiff's
claims.
Our lawyers have extensive knowledge of the issues at the heart of the entertainment and media businesses and have tried and arbitrated many high stakes cases involving
claims in diverse, but sometimes related, areas such as breach of contract, copyright, trademark, idea theft, misappropriation of trade secrets, patent,
right of
publicity, defamation, free speech, and unfair competition.