Lawrence G. Townsend Intellectual Property Lawyer
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August 2018 Archives

News and Notes Focused on the 3 Public Faces of IP Law

  • Brand Image Protection - Trademark Law
  • Visual Image Protection - Copyright Law
  • Personal Image Protection - Right of Publicity Law

The Image Protection Law blog has been created in order to share stories and information on the legal aspects of: 1) the marketplace reputation of a company or product captured in its trademark, 2) published or publicly-displayed artwork, photography, and any created visual design, and 3) use of a person's photograph or likeness for product promotion or other commercial purposes.

The "IP3" share at least one thing in common: Image is everything. In these posts let's look at what that means in the realm of intellectual property in the news, but let's also be prepared to explore if there's something more beyond "everything." Don't forget, the intellectual in "intellectual property" doesn't mean smart or brainy, although by nature true creators often are. The word is used to refer to any creation, i.e., a "product of the mind." While this blog will be regularly updated, you are encouraged to share your thoughts on these posts.

California jury awards millions for trade-secret theft

In recent posts, we have discussed the difficulty of protecting trade secrets in this age of rapidly advancing technology. It is easier than ever for an employee or contractor to digitally abscond with valuable commercial secrets

Steve McQueen family sues Ferrari over using name on car

On July 31, the surviving family of iconic actor Steve McQueen filed a lawsuit in Los Angeles state court against luxury auto maker Ferrari for calling a limited-edition Ferrara "The McQueen" without permission. The car is brown, apparently in tribute to a brown Ferrari Lusso that McQueen had owned. The McQueen Ferrara was part of the automaker's 70th birthday tribute to famous Ferrari owners. 

State high court rejects de Havilland's right-of-publicity case

The California Supreme Court has rejected a famous actor's appeal of a right-to-publicity case in which she claims the portrayal of her by another actress in a TV series cast her in an undesirable light. 

VARA and the moral rights of graffiti artists

At our law firm, we represent artists and parties doing business with them in agreements and lawsuits about artists' "moral rights" to their creative works under the federal Visual Artists Rights Act of 1990, known as VARA, as well as under the California Art Preservation Act. We have recently been discussing copyright issues concerning graffiti or aerosol art and, in an interesting twist, a federal judge in New York recently found in favor of graffiti artists in a VARA lawsuit

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