12/20/2010

Recent decisions: right of publicity vs Disney's "Cars"; projected profits as copyright damages

The current issue (12/15/10) of Loeb & Loeb's IP/Entertainment Law Weekly Case Update reports on (and links to) interesting decisions in two cases:

Brill v. The Walt Disney Company, in which the Oklahoma Court of Civil Appeals held that Disney's animated movie "Cars" did not infringe the publicity rights of race car driver Mark Brill, even though Brill drives a red race car bearing the number 95 and the movie's "Lightning McQueen" character is a red race car bearing the number 95.

Looney Ricks Kiss Architects v. Bryan, in which a federal district court in Louisiana held that the defendants' projected profits were relevant as a measure of the plaintiff's damages, in a copyright infringement case.