Commercializing the Personalities of the Dead: The Dangers of the Posthumous Market

ICANN See Some Problems: New Domains and Freedom of XXXpression

Turns out the internet isn’t all about porn. Just kidding, it mostly is. But underneath the debate sparked by the .XXX domain question at last week’s international website regulatory conference are a series of fundamental issues about internet freedom of expression, the process for determining what new URLs will be on offer, the tension between […]

Soccer Star, Wayne Rooney, Fired His Agent, but Still has to Pay the Agency Continuing Commissions

Brent Randall is a JD candidate at the University of Ottawa. Proactive Sports Management Ltd., the former agency of English soccer star Wayne Rooney, was recently granted leave to appeal a decision of the High Court regarding the payment of commissions from an image-rights agreement between Proactive and Mr. Rooney.

Some (Still) Like It Hot: Marilyn Monroe’s Publicity Rights Sold For Millions

Leslie Chong is a JD candidate at Osgoode Hall Law School. Nearly 50 years since the iconic platinum blond actress’ death, her name still epitomizes Hollywood glamour and beauty around the world. The timelessness of her name and image has led Jamie Salter, a Toronto-based businessman who runs Authentic Brands Group in New York City, […]

Reanimation: A call for IP Re-interpretation?

Parisa Nikfarjam is a JD candidate at Osgoode Hall Law School and is taking the Patent Law course. Digital technology has made it possible to resurrect dead celebrities, by way of digital clones created from photos and footages, and to manipulate their image such that they can be a part of new creative projects. This process, […]

Obama's Likeness Used to Sell Rain Coats

Stuart Freen is a JD candidate at Osgoode Hall Law School. Last week, U.S. President Barack Obama found himself in a strange place: Plastered across a 30-foot billboard in Times Square, hawking rain coats. The Weatherproof advertisement depicted a bold-looking Obama walking along the Great Wall of China with his hands dug into the pockets […]

No Touchdown for Jim Brown in Suit Against Electronic Arts

Alex Gloor is a JD Candidate at Osgoode Hall Law School. A recent District Court decision out of California dismissed the case of NFL Hall of Fame player Jim Brown against video games giant Electronic Arts (EA), producers of the popular Madden football series. Mr. Brown alleged that EA misappropriated his "name, identity and likeness" […]

A short overview on the tort of appropriation of personality

In this blog, I examine the ambit of protection given to personality rights in Canadian law. I focus, in particular, on the common law tort of appropriation of personality. The tort was first articulated by the Ontario Court of Appeal in Krouse v. Chrysler Canada Ltd., (1973), 1 O.R. (2d) 225 (Ont. C.A.)  It allows […]

The Commercial Value of Woody Allen’s Image

Last year, writer/director/actor Woody Allen launched a $10 million suit against clothing maker and retailer American Apparel over their unauthorized use of his image on a billboard advertisement. The trial is set to go before a jury on May 18th. However, on April 15th it was reported that Allen brought an additional complaint to the court […]

Merchandising political images

For the past year and a half, one political figure has evoked much publicity around the world that very few celebrities or politicians have enjoyed during their whole life. This political figure is the newly elected U.S. president, Barack Obama. The Obama craze has resulted in, what Megan Boler calls, a ‘merchandising mayhem’. In the U.S., […]