A spate of recent decisions highlights the intersection of different forms of intellectual property rights when the names, likenesses and records of athletes are approved without the athletes’ consent for video games and like entertainment properties that are not factual renditions or actual representations of what transpired in any actual competition.
The focus in particular cases on different aspects of intellectual property has led to a patchwork of different outcomes, creating uncertainty and inviting further litigation. Compare Hart v. Electronic Arts, 717 F.3d 141 (3d Cir. 2013), from the U.S. Court of Appeals for the Third Circuit and In re NCAA Student-Athlete Name and Likeness Litigation, No. 10-15 387 (9th Cir. July 31, 2013), from the Ninth Circuit.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
