Author Archives: Paul Levy

Can Right of Publicity Claims Stop Televised Portrayals of Well-Known Figures?

The New York Times carried a story this weekend about a disturbing lawsuit that will be argued in the California Court of Appeal  later this month. Olivia de Havilland sued FX for running the docudrama “Feud,” a fictionalized account of the feud between Joan Crawford and Bette Davis; a character portraying deHavilland has a modest […]

Martin Luther King’s Heirs’ Blatant Abuse of IP Claims to Control His Image

by Paul Alan Levy The current controversy stirred by broad popular revulsion over the Superbowl ad run by Dodge Ram, which included a voice-over excerpted from a speech by Martin Luther King Jr., thus using it to sell a truck, ignores a dirty little secret all-to-well known among those of us who worry about the […]

Recent Developments in “Fake Litigation”

by Paul Alan Levy In the past few days there have been a couple of significant developments in the area of ”fake litigation” directed at consumer commentary – the use of fraudulent litigation techniques to obtain judicial relief against consumer criticisms of businesses without giving fair notice to the critic, and often using methods calculated […]

Choice of Law in Anti-SLAPP Motions: Muhammad Ali Enterprises v. Fox

by Paul Alan Levy   Muhammad Ali's estate has sued Fox for running a promotion for its Superbowl broadcast that contrasted Ali''s greatness with the greatness of various football players.   Originally filed in the Northern District of Illinois, the complaint alleged claims under both the Lanham Act and the Illinois right of publicity.  It is hard […]

Can a standard clause in a settlement agreement be subject to the Consumer Review Fairness Act?

by Paul Alan Levy After the Freehold Animal Hospital botched the neutering of a consumer’s dog, requiring the consumer to pay thousands of dollars for corrective surgery by a different hospital, the animal hospital agreed to refund the cost of its services as well as covering the expense of the corrective surgery, but only if […]

Should consumers “beware” social media as a trap for the unwary?

by Paul Alan Levy Eugene Volokh has a short article this morning about the brief concurring opinion filed by an appellate judge in Breen v. Holmes , 2017 WL 6133325 (La. App. Dec. 7, 2017). The case concerned statements made on social media about a controversial decision by prosecutors not to pursue charges against someone […]

Sixth Circuit Implicitly Embraces Dendrite Balancing Standard for Protecting Anonymous Speech

by Paul Alan Levy In a decision issued on Tuesday in Signature Management Team v. Doe, the Court of Appeals for the Sixth Circuit implicitly adopted the majority rule followed in the state courts that have addressed the issue, holding that a plaintiff seeking to identify an anonymous defendant in order to pursue litigation over […]

Homeland Security Inspector General Pegs Back Misuse of Importation Summons Authority

by Paul Alan Levy Last spring, Twitter received a fair amount of attention for fighting a patently bogus attempt by the Department of Homeland Security to abuse its statutory authority to investigate the importation of goods as the basis for to issuing an administrative summons seeking to identify the owners of a Twitter account  hostile […]