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Uses of Athletes' Persona and Related Indicia Raise Many Intellectual-Property Issues
The value of athletes' personas and related indicia is a bedrock component of the sports industries. Merchandising and endorsement deals date back decades. But this tradition hasn't meant a smooth ride today. Disputes over athlete indicia are as common as those for entertainers. An examination of several court rulings from the past few weeks demonstrates common claims and defenses over licensed and unlicensed uses.
Baseball legend Mickey Mantle entered into an agreement in 1988, amended in 1989, for the use of his name, likeness, voice and biographical information in a Mantle documentary film and on related merchandise. Mantle died in 1995. In June 2004, his estate filed breach-of-contract and trademark-related claims against the licensee. The estate sued over the alleged failure to pay royalties, over creation of Mantle Web sites and over publication of the book 'Mickey Mantle: The American Dream Comes to Life.'
The U.S. District Court for the Southern District of New York found, among other things, that the estate failed to produce any evidence on its contract claims over royalties and over the book. But the district court decided that the amended agreement was ambiguous as to whether Web sites were authorized. The defendants argued the Web site contract claim nevertheless was time-barred. The court decided it wasn't, whether under New York's six-year statute of limitations or Texas' four-year limitations period for contract claims. (The amended agreement contained a Texas choice-of-law provision.)
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
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