Play one-on-one with Michael Jordan and you're going to pay, as Jewel-Osco found out the hard way
A spate of recent lawsuits has left companies questioning the
difference between commercial and non-commercial speech. Several
highlight the dangers of stepping out of legal boundaries,
wittingly or no, when engaged in commercializing businesses using
advertising and social media. Recent cases involving Michael Jordan
and Katherine Heigl show how difficult it is to determine what
constitutes commercial use (thus potentially infringing use) and
non-commercial use (and thus fair use) of a celebrity's
identity. We can expect many more lawsuits will cause courts to
take a serious look at how brands use celebrities' images in
their advertising.
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Originally published on InsideCounsel.com
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