Paul Newman’s daughters secure temporary injunction against Wet Brush license

The daughters of late actor Paul Newman secured a temporary injunction against Wet Brush hairbrush inspired by Paul Newman. Here is a link with more details: Paul Newman’s daughters secure injunction against Wet Brush and use of Newman’s Right of Publicity on non-food products It appears the product was licensed by Newman’s Own Foundation, so the dispute may be more involved than a traditional unauthorized use. Here is a link to the product announcement: Wet Brush inspired by Paul Newman
It also appears that a Connecticut action was filed by Newman’s daughters against the Foundation, in relation to operational decisions or criteria that may have been in place to govern or limit the kinds of products Paul Newman intended to allow. Here is a link with more information to the 2022 action: Paul Newman’s daughters file action against Newman’s Own Foundation
It is not clear the degree to which the latest news and the prior action are connected. Paul Newman was an advocate for Right of Publicity recognition and testified in support of a Connecticut legislative effort to enact a Connecticut Right of Publicity law, and expressed concerns about technology allowing digital creations without the involvement of the person in question.

Note regarding Lil Yachty lawsuit against Opulous for NFT offering

Without tackling the entirety of issues involved, it seems worth noting that the most recent coverage reports that the UK-based NFT company, Opulous, may be arguing California does not have jurisdiction over Lil Yachty’s suit for Opulous’ NFT offering and promotional activities related thereto utilizing Lil Yachty’s Right of Publicity and other rights and interests. The lawsuit alleges various violations and claims.

When analyzing the totality of a use, the final execution of the product involved (if a product-based offering) is not the entirety of the matter, as promotional efforts also must be considered, among other things. The value of an association with a celebrity or valuable Right of Publicity (in popular parlance, name image likeness) can accrue before any product is sold. NFTs, in particular, can generate repeat sales, and can sell for undetermined amounts based on the market response. The facts of the Lil Yachty lawsuit indicate that social media promotions, and funding for the defendant company, were aided by the promotion of the NFT in question.

It will be interesting to observe how the fact that defendants reportedly had communications with Lil Yachty in the planning stages for the NFT, then broke off negotiations yet proceeded with the use. That tends to be a strong fact, if accurate, in plaintiff’s favor in cases such as this.

If California does not have jurisdiction over this case, it may be a fair question whether defendant hermetically sealed its promotional efforts from California, not to mention how bids or potential sales from the jurisdiction in question were prevented. Of course, much depends on the specifics of a claim of this nature, what is established as factual, and related details.

Here is a link to Billboard’s coverage of the suit, which includes the complaint in question:
Lil Yachty lawsuit against Opulous, et. al., for unauthorized NFT activity