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Full-Text Articles in Law
By Any Other Name: Image Advertising And The Commercial Speech Doctrine In Jordan V. Jewel, Kelly Miller
By Any Other Name: Image Advertising And The Commercial Speech Doctrine In Jordan V. Jewel, Kelly Miller
Loyola of Los Angeles Entertainment Law Review
This Comment focuses on the commercial speech doctrine as applied to modern advertising strategies, specifically, corporate image advertising. It centers on the recent litigation between basketball superstar Michael Jordan and a Chicago-area grocery chain, Jewel-Osco. When Michael Jordan was inducted into the Basketball Hall of Fame, Jewel-Osco was invited to submit a congratulatory ad for a commemorative issue of Sports Illustrated devoted exclusively to Jordan’s career and accomplishments. Because Jordan had spent the bulk of his storied professional basketball career with the Chicago Bulls, the ad seemed a natural fit. Jordan, who did not give permission for his name to …
Dun & Bradstreet, Hepps, And Liberty Lobby: New Analytic Primer On The Future Course Of Defamation, Rodney A. Smolla
Dun & Bradstreet, Hepps, And Liberty Lobby: New Analytic Primer On The Future Course Of Defamation, Rodney A. Smolla
Rod Smolla
Not available.
Frank Miller’S Sin City College Football: A Game To Die For And Other Lessons About The Right Of Publicity And Video Games, Jordan M. Blanke
Frank Miller’S Sin City College Football: A Game To Die For And Other Lessons About The Right Of Publicity And Video Games, Jordan M. Blanke
Washington and Lee Law Review
The challenge of finding a workable solution for applying the right of publicity is a formidable one because it implicates not only a delicate balance between First Amendment rights and the rights of publicity, but also the complications of varying state laws. The best of the tests developed by the courts so far—the transformative use test—was borrowed from copyright law and itself reflects a careful balance between First Amendment and copyright interests. Additionally, because of dramatic progress in technology, it is likely that in the near future this balancing will often involve not only the rights of publicity and the …
A Mask That Eats Into The Face: Images And The Right Of Publicity, Rebecca Tushnet
A Mask That Eats Into The Face: Images And The Right Of Publicity, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
In their eagerness to reward celebrities for the power of their “images,” and to prevent other people from exploiting those images, courts have allowed the right of publicity to distort the First Amendment. The power of the visual image has allowed courts to create an inconsistent, overly expansive regime that would be easily understood as constitutionally unacceptable were the same rules applied to written words as to drawings and video games. The intersection of a conceptually unbounded right with a category of objects that courts do not handle well has created deep inconsistencies and biases in the treatment of visual …
Commercial Speech, Commercial Use, And The Intellectual Property Quagmire, Jennifer E. Rothman
Commercial Speech, Commercial Use, And The Intellectual Property Quagmire, Jennifer E. Rothman
All Faculty Scholarship
The commercial speech doctrine in First Amendment jurisprudence has frequently been criticized and is recognized as a highly contested, problematic and shifting landscape. Despite the compelling critique within constitutional law scholarship more broadly, Intellectual Property (“IP”) law has not only embraced the differential treatment of commercial speech, but has done so in ways that disfavor a much broader swath of speech than traditional commercial speech doctrine allows. One of the challenges for courts, litigants, and scholars alike is that the term “commercial” is used to mean multiple things, even within the same body of IP law. In this Article, I …