Sentences with phrase «right of publicity claims»

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.

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.

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 publicity or privacy; (c) any misrepresentation made by you in connection with your use of the online services; and (d) any breach of any of the representation, warranties or other terms or conditions relating to use of your User Content or the online services.

RELEASE AND LIMITATIONS OF LIABILITY: By participating in any Aberdeen Group survey, entrants agree that Aberdeen Group and any other applicable sponsor, and its parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing, web site providers, web masters, Aberdeen Group and their respective officers, directors, employees, representatives, and agents (The «Released Entities»), will have no liability whatsoever for, and shall be held harmless by entrants against any liability for any injuries, losses or damages of any kind to persons, including personal injury or death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a prize, entry, or participation in any survey contests or in any survey contest related activity, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise deliverOF LIABILITY: By participating in any Aberdeen Group survey, entrants agree that Aberdeen Group and any other applicable sponsor, and its parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing, web site providers, web masters, Aberdeen Group and their respective officers, directors, employees, representatives, and agents (The «Released Entities»), will have no liability whatsoever for, and shall be held harmless by entrants against any liability for any injuries, losses or damages of any kind to persons, including personal injury or death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a prize, entry, or participation in any survey contests or in any survey contest related activity, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise deliverof any kind to persons, including personal injury or death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a prize, entry, or participation in any survey contests or in any survey contest related activity, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise deliverof a prize, entry, or participation in any survey contests or in any survey contest related activity, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise deliverof privacy, or merchandise delivery.

RELEASE: Member hereby releases and agrees to indemnify and hold harmless The Greene Turtle from and against any and all costs, 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 publicity / privacy, libel, or slander), due in whole or in part, directly or indirectly to the Member's participation in the Turtle Rewards program, or the receipt, use or misuse, of Turtle Rewards or any other reward.

By entering the Promotion, each entrant releases and discharges the Sponsor, judging organization (if applicable), and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, «Sponsor Entities»), from any and all liability whatsoever in connection with this Promotion, including without limitation legal 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&raclaims, 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&raClaims»).

I confirm that no part of the Content violates or will violate, or will infringe, any trademark, trade name, contract, agreement, copyright (whether common law or statutory), patent, literary, artistic, music, dramatic, personal, private, civil, property, privacy or publicity right or «moral rights of authors» or any other right of any person or entity, and shall not give rise to a claim of slander or libel.

I fully indemnify, defend and hold harmless Car Throttle (and any third parties authorised by Car Throttle using or exploiting the Content), their respective officers, employees, successors, licensees and permitted assigns from and against: (a) any costs, claim, demand, action, damages, loss and / or expense arising from actions brought by any third parties arising from any breach of any of the representations, warranties or agreements made by you; (b) any 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.

By submitting images to Mass Audubon Picture This photo contest (hereafter referred to as «the photo contest»), participants agree to indemnify, defend and hold harmless Mass Audubon, its respective subsidiaries, affiliates, directors, officers, employees, attorneys, agents and representatives, from any and all third party liability for any injuries, losses, claims, actions, demands or damages of any kind arising from or in connection with the photo contest (collectively, «Losses»), including without limitation any third party claim for copyright infringement or a violation of an individual's right to privacy and / or publicity right.

Entrants agree to release and hold harmless the Bloggin» Mamas, Heather Lopez Enterprises, LLC, Florida Prepaid, Moore Communications, Twitter, and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting this giveaway, and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors, members, employees, agents and subcontractors (collectively the «Released Parties») from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in this giveaway, acceptance or use or misuse of prize.

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.

Impermissible Uses.You understand that you may not: • modify, adapt or hack the Service or modify another website so as to falsely claim or imply that it is associated with the Service, AuthorMarketingClub.com, AMC, Author Marketing Club or any other AMC service; • reproduce, duplicate, copy, sell, resell or exploit any portion (including, without limitation, the contents of the AMC email or similar notification, the look and feel of the AMC website, and the contents of the web pages of the Service, use the Service or access the Service without the express written permission of Author Marketing Club; • verbally, physically, or otherwise abuse (including threats of abuse or retribution) any AMC member or AMC employee, agent or officer; • upload, post, host, or transmit unsolicited email, SMSs, or spam messages; • transmit worms or viruses or any code of a destructive nature; • as a Reader Member, utilize the information provided in a Query other than to provide a relevant response to a Specific Query posted by a Author Member; • violate any applicable federal, state or local laws or regulations; or, • plagiarize, violate or otherwise infringe upon the trademark, copyright, patent, trade secret, or any other 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.

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.