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Many attorneys are familiar with protecting image and likeness through state right of publicity laws, but trademark law offers another avenue for celebrities to protect their name, image, and likeness through false endorsement claims. This session will provide attorneys with overview of the differences between right of publicity claims and false endorsement claims as well as an outline of how courts evaluate the role of “public recognition” in false endorsement claims.
Key topics to be discussed:
Date / Time: February 15, 2022
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Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch the program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.
On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are viewable for up to one year.
Daniel A. Rozansky | Stubbs Alderton & Markiles, LLP
Clients engage Dan before disputes ever arise to advise on strategies to minimize litigation risk and to put clients in a position for a successful outcome if litigation does arise. For example, he regularly reviews television pilots, screenplays, and other material in development to assist those clients in identifying and avoiding potential liabilities; he advises clients, including Fortune 100 companies, on best practices for recording communications; he counsels clients on best practices to protect trade secrets and other confidential information; and he guides clients contemplating exiting unfavorable business relationships. When disputes arise, Dan Rozansky brings his decades of experience at AmLaw 100, and 200 firms and his relentless approach help achieve the best possible outcome for his clients. This approach has led Dan to be recognized as an industry leader, including being listed as a top entertainment and media litigator in Chambers USA (2011-2019). In 2013, 2014, and 2016, he was featured in Variety’s “Legal Impact Report,” which names the top attorneys who are making a significant impact in the entertainment industry.
In areas of entertainment and media litigation, Dan Rozansky represents clients across multiple platforms including film, television, music, concerts and touring, and digital media. As a result of his well-recognized skills, Dan has prevailed in a number of high-stakes entertainment cases, including some of Hollywood’s most significant cases in the areas of copyright, trademark, First amendment, profit participation, licensing, advertising, reality television, right of publicity, rights of privacy and breach of implied contract. Dan is a frequent resource for the Los Angeles and San Francisco Daily Journal on topics relating to Section 230 of the Communications Decency Act and the bounds of the protections it affords interactive computer services such as Twitter and Facebook for content posted by third parties.
Heather A. Antoine | Stubbs Alderton & Markiles, LLP
Heather Antoine is a Partner and Chair of the Firm’s Trademark & Brand Protection practice and Co-Chair of the Privacy & Data Security practice group. Heather Antoine’s practice focuses on protecting a company’s intellectual property, a fundamental feature of every business. Her practice includes trademark clearance and selection, domestic and foreign trademark prosecution, enforcement, proceedings before the Trademark Trial and Appeal Board (TTAB), licensing, trade secret protection, copyright, rights of publicity, domain names disputes, and general client counseling. Heather Antoine believes in supporting companies at each stage – from due diligence when choosing a name, to ongoing brand management, to ensuring portfolios are safeguarded and ready for sale.
Heather is also focused on guiding businesses through the ever-expanding maze of privacy laws, both domestically and internationally. This includes drafting website policies, compliance with specific privacy laws (such as the General Data Protection Regulation (GDPR), the Children’s Online Privacy and Protection Act (COPPA), and the California Consumer Privacy Act (CCPA)). Heather works with companies to design and strengthen their privacy and data security policies and practices, to help them prevent data security breaches, and to minimize the risks associated therein.
Heather serves as Chair of the California Lawyers Association Intellectual Property Section. Heather frequently speaks and writes about IP, Internet, tech, and privacy issues. She has been quoted in publications such as the Los Angeles Times and CNBC. Heather has been recognized by her peers for excellence in her practice, having been selected as Southern California Super Lawyers Rising Star® multiple times.
Jeremy C. Beutler | Stubbs Alderton & Markiles, LLP
Jeremy C. Beutler is an Associate in the firm’s Privacy & Data Security and Intellectual Property groups. His practice focuses on cybersecurity and data privacy issues, including preparing for and responding to cyber incidents and advising a wide range of clients on managing cybersecurity risks and privacy compliance. He has helped clients respond to data security incidents including corporate data breaches, nation-state attacks, and email compromises, and he has assisted clients in addressing regulatory inquiries arising out of cyber incidents. Jeremy also works with clients to develop policies and procedures to comply with federal and state cybersecurity and privacy laws. He has guest lectured on privacy compliance at Hofstra Law School.
In addition, Jeremy advises clients on trademark and brand management issues. He has represented clients in trademark matters in federal court, trademark proceedings before the Trademark Trial and Appeal Board, and internet-related intellectual property matters, including Uniform Name Dispute Resolution Policy (UDRP) actions. Prior to joining the firm, Jeremy worked for a large international law firm in New York City, representing clients in cybersecurity, privacy, and intellectual property matters as well as government and internal investigations.
Jeremy received his J.D. from Columbia Law School where he was a James Kent Scholar and Harlan Fiske Stone Moot Court finalist. He was also an Articles Editor for the Columbia Science and Technology Law Review. Before law school, he was an Assistant Vice President in the Technology Risk Management group of a global bank. He has had first-hand experience developing, implementing, and reviewing cybersecurity and privacy programs.
I. Overview of the right of publicity | 2:00pm – 2:30pm
II. Overview of false endorsement claims | 2:30 – 3:00pm
Break | 3:00 – 3:10pm
III. The role “public recognition” in false endorsement claims | 3:10pm – 3:40pm
IV. Considerations for bringing right of publicity and false endorsement claims | 3:40pm – 4:10pm