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A New Fantasy Sport: Defining The Right Of Publicity

Law360 (August 7, 2008, 12:00 AM EDT) -- The U.S. Supreme Court has declined to review the Eighth Circuit's decision in C.B.C. Distribution and Marketing Inc. v. Major League Baseball Advanced Media LP[1] - the "Fantasy Baseball" case. It is an unfortunate missed opportunity to clarify the "Right of Publicity."

The convergence of advertising ("brand building") and information-entertainment ("content") has already confused courts and practitioners attempting to apply existing precedents that had separated the world into "commercial" and "non-commercial" speech.

As brands, media companies, celebrity bloggers, and others push harder to engage consumers who...
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