Jennifer E. Rothman

Reminder that the deadline to submit to the Penn/NYU/Harvard TM scholarship roundtable is approaching

Beautiful autumnal sunset

If you’re in NYC and want to hear about how copyright law combined with AI could control people’s future performances and more check out my upcoming lecture:

copyrightsociety.org/event/2024-b...

Submit your papers to this year’s @pennlaw @Harvard @nyulaw @PCL_CTIC roundtable

Trademark and Unfair Competition Scholarship Roundtable 2024 - Harvard Law School | Harvard

hls.harvard.edu/trademark-an...

Thanks Kristen Underhill for inviting me to Cornell to share Anita Allen & my paper “Postmortem Privacy” forthcoming in the Michigan Law Review. I Enjoyed the engaging workshop & dinner w/ you Gautam Hans @alahav.bsky.social & Oskar Liivak. Also got to love the Office of Meaning-Making.

I recently testified in Congress about the issues raised by generative AI for voice and likeness rights & my concerns that pending legislation would make things worse by allowing other to own our identities. You can watch the hearing and read my testimony at judiciary.house.gov/committee-ac...

I will be reviewing this legislation that was released yesterday, and provide additional thoughts soon.

The House circulated its own draft legislation to address concerns over unauthorized AI-generated performances

rightofpublicityroadmap.com/news_comment...

Supreme Court likely to hold bar to registering marks that use a person’s name constitutional. More here on yesterday’s arguments in Elster: rightofpublicityroadmap.com/news_comment...

“Justice Department asks Supreme Court to block trademark 'Trump too small'” - Washington Times - with quotes from Mark McKenna, Rebecca Tushnet⁦‪, and me about Vidal v. Elster. Oral argument will be held on Wed, Nov 1 at 10 am Eastern.
www.washingtontimes.com/news/2023/oc...

My thoughts on draft digital replica bill:

https://rightofpublicityroadmap.com/news_commentary/draft-digital-replica-bill-risks-living-performers-rights-over-ai-generated-replacements/

A draft digital replica bill has been released in Senate
https://rightofpublicityroadmap.com/news_commentary/senate-circulates-draft-of-digital-replica-bill/

A real-life experiment revealing endorsement value. #endorsement #rightofpublicity

Great conversation yesterday about emerging IP, entertainment, AI, and antitrust issues, and the writers and actors strikes at Penn Law. Only scratched the surface of these many topics.

Louboutin Gets Injunction in Red Sole Trademark Registration Bid A district court in Brazil has sided with Christian Louboutin in the latest round of its bid to register its red sole as a trademark.

A Brazilian court has handed Christian Louboutin an injunction, marking one of the first decisions to consider the potential registrability of “position” trademarks in Brazil. https://www.thefashionlaw.com/louboutin-lands-injunction-in-its-red-sole-trademark-registration-bid/

‘Blind Side’ Player Says He Was Conned With Adoption Promise Michael Oher, whose life was depicted in the 2009 film, says in a lawsuit that he was never fully adopted by the family that took him in and was swindled into signing away his decision-making powers a...

Not the case of the day but still —keeping my eyes on this case. Raises concerning issues of control over a young athlete’s identity. OTH, life story rights do not exist—there are reasons to have cooperative agreements but there is no legal right to true stories about oneself.