Internet On Trial

Internet On Trial

Modern Day Litigation, Cyber Defamation, and Law in Sports & Entertainment

Category Archives: Right of Publicity

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Expunged Conviction Doesn’t Confer a Right to Sue for Defamation

Posted in New Jersey, Privacy Law, Right of Publicity
First Amendment proponents are applauding yesterday’s NJ Supreme Court decision, which dealt an apparent blow to privacy advocates by holding that the fact that a conviction was expunged does not negate its truth for the purposes of using it as a defense to defamation. As I explained here, defamation claims are not common because they are… Continue Reading

West Moves to Overturn $5M Defamation Verdict

Posted in Defamation, Right of Publicity, Trademark
Follow-up: Jury Awards Professors $5M in Defamation Suit Against West   No surprise here; West Publishing has filed a motion to set aside the jury’s $5,000,000 verdict in the case brought against them by the two law professors whom West defamed by selling books bearing the professors’ names, which contained out-of-date and erroneous statements of… Continue Reading

Jury Awards Professors $5M in Defamation Suit Against West

Posted in Defamation, Intellectual Property, Media Law, Right of Publicity, Trademark
  For everyone who says that juries aren’t giving out mega-verdicts anymore, here’s your exception: Last week, a federal jury in Philadelphia gave a $5,000,000 early X’mas present to a couple law professors in a defamation suit.† (Jury’s Verdict pdf file). Outside of legal contexts, the term defamation gets thrown around a lot, and although… Continue Reading

“Sports Law” Doesn’t Really Exist: Part III, Intellectual Property

Posted in Copyright, Intellectual Property, Right of Publicity, Sports, Trademark
Given the way in which sports—even collegiate sports—have become so heavily branded, merchandised, and televised, another area of law that routinely intersects sports is intellectual property—namely copyright, trademark, licensing, and the all-but-forgotten right-of-publicity. For example, the University of Alabama sued the artist who painted this picture commemorating the Tide’s 2010 BCS National Championship. The artist,… Continue Reading

“Sports Law” – Why it Doesn’t Really Exist: Part I, Introduction

Posted in Intellectual Property, Media Law, Right of Publicity, Sports
If criminal law is the body of law that governs criminals and the commission of crimes, and labor law is that which governs wages, employment, and labor unions, shouldn’t it follow that sports law is the body of law that governs athletes and athletic competition? Although attorneys, law students, and the media refer to sports… Continue Reading