Bijan Mustardson illustrates Right of Publicity (NIL) in action
In what may be a contender in the “most clever” licensing event of recent times, the running back for Texas, Bijan Robinson, is involved in a mustard line launch entitled “Bijon Mustardson.” It is, quite obviously, a dijon mustard. Also, quite obviously, this “NIL deal” is more properly understood as a Right of Publicity matter, though admittedly involving a collegiate athlete. We’ll let semantics have a rest and simply enjoy when the licensing deals practically write themselves. Here’s a link to more info:
Bijan Mustardson” rel=”noopener” target=”_blank”>Bijan
Very brief excerpt of House of Gucci dialogue regarding infringements
Lady Gaga: Patrizia
Adam Driver: Maurizio
Al Pacino: Aldo
Patrizia: Who is making this stuff? Who’s allowing this to happen?
Maurizio: As far as fakes go, they’re pretty good. I mean, I’d, I’d buy them.
Patrizia: Don’t be such a cretin.
Maurizio: Don’t call me a cretin, sweetie.
Patrizia: That’s not what I said. I asked you not to be one. This is serious. And you’re laughing it off.
Maurizio: At least it’s my name on the marks, not yours.
Patrizia: Our name. Sweet Pea. On junk.
Aldo: They’re not fake, by the way. They’re replicas.
Patrizia: I was just very, very surprised.
Aldo: Well, you know what else would surprise you? How profitable this stuff is.
Patrizia: What about quality? Sacred cows?
Aldo: Quality is for the rich. If a Long Island housewife wants to live with the illusion that she is a Gucci customer, why not? Let her.
Patrizia: Because it…damages Gucci’s credibility
Aldo: Patrizia…this is us. This is not a girl’s game.
Maurizio: Yeah but Aldo, she’s right. This stuff is, is junk. It’s not what Gucci is.
Aldo: Gucci is what I say it is.
Licensing International Executive Voices article
Here is a link to an article I wrote for Licensing International’s Executive Voices series: https://licensinginternational.org/news/discernment-in-licensing-and-enforcement/
Dr. Fauci doughnuts
A company in New York has begun offering “Dr. Fauci” doughnuts, which apparently involve edible paper on the doughnut with Dr. Fauci’s image printed on it. Dr. Fauci has become a daily fixture in the coverage of the Covid-19 pandemic and a visible leader in the response and information concerning the outbreak. Donuts Delite, the company selling the doughnuts on a nationwide basis, reportedly, will continue selling the doughnuts “as long as they are in demand.” Here is a link to the story: https://www.cnn.com/2020/03/26/us/dr-fauci-doughnuts-trnd/index.html Dr. Fauci Doughnuts
Beyonce suit against Feyonce knockoffs illustrates need for Right of Publicity distinct from trademark
A Judge recently denied Beyoncé’s request for injunctive relief against a Texas company selling a range of products using “Feyonce.”
Apparently, the Feyonce pun is based on the proximity to the word fiancé. The Judge’s ruling, in summary, is that there was not a sufficient showing of potential confusion among customers that Feyonce was infringing Beyoncé’s trademark rights.
Thus, the need for Right of Publicity as a distinct form of intellectual property, that trademark does not adequately address, is illustrated yet again.
Here’s a link to more information on the ruling and the case: Beyonce Feyonce Lawsuit
Michael Jordan won more often than he lost, just not in China
I was recently asked to weigh in on whether China might be well-advised to consider recognizing the Right of Publicity. My answer was yes, it should. Perhaps the recent news of a Chinese court denying Michael Jordan’s effort to stop a Chinese sports apparel company from appropriating his name and jumpman logo amply demonstrates why. Here’s a link to one article on the topic, though you’ll need a subscription to access the entire article:
Ebola Nurse doll has Right of Publicity implications
The recent offering by HeroBuilders of an “Ebola Nurse” doll raises some interesting Right of Publicity implications. Putting aside any debate over tastefulness or appropriateness, the doll also resembles Kaci Hickox. Hickox is the nurse who has been in the headlines recently and who was quarantined in New Jersey against her will. The doll apparently is accompanied by an Ebola-free health certificate.
Frequent visitors to this site may notice the similarity between this story and the 2009 offering by TY (Beanie Babies) of Sasha and Malia dolls immediately following the first-term election of President Obama, which I wrote about here:
Ty claimed the dolls were not of the President’s daughters, a transparent explanation considering the context of the use and totality of circumstances in which the dolls were offered. Ty claimed to have pulled the dolls off hte marketplace some time later, but not before their mission was accomplished.
It could be interesting to see if HeroBuilders is working from the same playbook, and if any more comes of the Ebola Nurse doll.
Here’s a link to a story with more details and images of the doll itself: