Summary: Call us with your feedback:(310) 243-6231 In this Episode: Burberry/Bogart case settled Marilyn Monroe Estate loses Right of Publicity Political Campaigns use of music at rallies Desparate Housewife Sheridan still desperate SEC Rulemaking to relax ban on general solicitations North Face Butt Face/South Butt contempt claim Paramount/Puzo Case over Godfather prequel novel Resale Royalties Act unconstitutional .. and more. GET CLE CREDIT for this episode. Entertainment Law Update is brought to you by Clio, the best way to manage your practice online. Clio allows you to manage your matters, clients, time, bills, trust accounts and more all through a a secure, easy-to-use, web-based interface. For a free 30-day trial and 25% off your first 6 months of Clio, sign up at www.goclio.com and enter promotional code [ENTLAW]" Or, just visit http://entertainmentlawupdate.com/clio Show Notes FOLLOW-UPS AND QUICK TAKES Burberry Drops Lawsuit Against Humphrey Bogart HeirsBusiness Week: http://www.businessweek.com/news/2012-08-01/burberry-drops-lawsuit-against-humphrey-bogart-heirsDigiLaw Blog: http://digilaw.edwardswildman.com/?entry=4143Discussed previously in ELU031 In May, Burberry sought a declaratory judgment against the heirs of Humphrey Bogart, claiming that their use of Bogart’s image in advertisements was not an infringement on Bogart LLC’s trademark and publicity rights. Bogart LLC then sued Burberry for trademark infringement, misappropriation of publicity rights, and unjust enrichment in California court, seeking money damages and an injunction. Burberry had licensed the image in question from Corbis for use on its Facebook page, but did not obtain permission from Bogard LLC. On July 31st, both suits were settled on undisclosed terms, and dismissed with prejudice. Maybe You Can Take it With You: Post-mortem Publicity Rights in the United States/Marilyn MonroeWorld Trademark Review (pdf): http://www.worldtrademarkreview.com/issues/article.ashx?g=d8dc2b5e-e441-457f-8329-8ff1bc02503c#page=1THResq: http://www.hollywoodreporter.com/thr-esq/appeals-court-rules-marilyn-monroes-image-public-estate-367160Discussed previously in ELU029 (Marylin Monroe) and ELU030 (Tupac Hologram) On August 30th, the 9th Circuit ruled that, at the time of her death, Marilyn Monroe was domiciled in New York. The court ruled that, since at the time of her death her estate claimed that she was domiciled in New York to escape hefty estate taxes in California, the estate could not claim that she was domiciled in California in order to take advantage of a more generous right of publicity statute. In affirming the lower court decision, Judge Wardlaw says that “This is a textbook case for applying judicial estoppel.” General Post-Mortem Right of Publicity Info from other article Two issues central to every Post-Mortem Right of Publicity claim Whether a state recognises a right of publicity that continues after an individual’s death Which state’s law applies to a particular deceased individual Monroe example New York does not recognize a post-mortem right of publicity, and California does, therefore the fight over which state’s law applies Domicile is a fact-specific analysis, taking into account such factors as length of residence; place of worship; voting registration; automobile registration; club memberships; locations of children’s schools; location of bank accounts; location of business dealings; and where tax returns are filed Newt Gingrich Settling Lawsuit Over Use of 'Eye of the Tiger,’ plus new Political Song Use Troubles THResq: http://www.hollywoodreporter.com/thr-esq/newt-gingrich-settling-lawsuit-eye-of-tiger-365019Discussed previously in ELU028Lexology: http://www.lexology.com/library/detail.aspx?g=09dd0f1a-2125-45bc-a075-d453c0c0ada2Gingrich Follow Up In January, Survivor member Frankie Sullivan sued Gingrich for using Eye of the Tiger as his walkout music at rallies and conferences
