26 Apr, 2019 Innocent Use of a Stock Photo to Illustrate a Website is Still not a Fair Use By Rick Kurnit The federal appellate court in Virginia today reversed a decision that had allowed a website to use a stock photo to illustrate its...
22 Feb, 2019 Editorial Content or Advertising? Kim Kardashian's $10 million dollar lawsuit By Rick Kurnit Claims of commercial appropriation of a person’s identity — “the right of publicity” — require drawing a line between editorial and...
12 Feb, 2019 More on Models' Lanham Act claims By Rick Kurnit I recently noted that a federal district court in New York held that models who were not sufficiently famous to be generally recognized...
07 Feb, 2019 Use in New Channels Rekindles Right of Publicity Claims By Rick Kurnit The short window for bringing a right of publicity claim has saved many advertisers from having to pay for an unauthorized use of a...
06 Jan, 2019 Unauthorized Use of Models & the Lanham Act: How Important is Fame? By Rick Kurnit Sometimes a model is just a model. To paraphrase David Ogilvy, "the consumer is not an idiot; he or she is your significant other." ...
28 Nov, 2018 Use of Trademarks in Expressive Works Just Got Harder By Rick Kurnit The Ninth Circuit -- once again ignoring that the costs and unpredictability of jury trials chill free expression -- has reversed a trial...
06 Nov, 2018 Continuing to use a model in advertising after expiration of the original license may cost millions By Rick Kurnit The cost of paying for forgiveness can be millions of dollars -- far more than the cost of the original license. In Olive v. General...
30 Aug, 2018 False Advertising of Entertainment is Different By Rick Kurnit False advertising claims based on the advertising and promotion of films, television, and even music are being made at an alarming rate. ...