OTHER IP MATTERS
We provide guidance and representation to clients in the commercial exploitation and protection of rights associated with a person’s “name” and/or “likeness” (often referred to as the “right of publicity” or the “personality” right) as well as their personal data, including estate disposition, licensing, and enforcement against misuse of a person’s property right in his/her name or likeness, the latter of which are often associated with claims of trademark/copyright claims and defamation. In many states, rights of publicity are created by or codified in special statutes. In Tennessee, for example, the relevant statute is entitled the "Personal Rights Protection Act of 1984" and is codified at T.C.A. § 47-25-1101. Among other things, the statute recognizes that such rights are descendible.
In recent years IP has also expanded to encompass legal matters such as data privacy, digital rights management or "DRM," technology law, and other forms of protection associated with the "intellect" or certain intrinsic characteristics of people and human existence. Many of these aspects of IP overlap with one or more of the other four main areas of IP, which can themselves overlap or co-exist in or in connection with a person, company, product, service, or process. We provide advice, counsel, and litigation assistance with respect to these IP matters, and as to the most applicable form(s) of IP protection with respect to your situation.
We also provide services to clients in a range of transactional matters that may impact IP ownership, control, licensing, value, and protection, as well as mitigation of risk associated with disposition and/or use of IP in connection with goods/services. While these contexts vary considerably, they include disposition/allocation of IP rights in bankruptcy and estate matters, IP audits and valuations, mergers and acquisitions, corporate governance, reorganizations, government rights and relations pertaining to IP, and insurance matters including risk mitigation/allocation associated with ownership and use of IP.