Contractual arrangements can give rise to significant opportunities for those in the entertainment industry. However, because there is often so much at stake, the negotiation process can be long and difficult. In many instances, the parties simply can’t come to an agreement. Far too often in these instances, one of the parties acts in a way that still violates the other’s rights.
For example, Ariana Grande recently filed a lawsuit against clothing retailer Forever 21 for alleged copyright and trademark infringement, as well as violations against her right of publicity after contract negotiations stall. According to reports, the singer had been in talks with the daughters of Forever 21’s founder regarding her endorsement of a line of makeup.
After those talks failed to materialize into a written agreement, though, the singer claims that the makeup brand and Forever 21 ran 30 marketing videos and images that alluded to Grande’s endorsement of the brand.
But the allegations don’t stop there. Grande also accuses the makeup brand and Forever 21 of hiring a model with a strikingly similar appearance to Grande and utilizing her in promotional videos set to the music of one of Grande’s songs. All of this allegedly occurred without her permission. As a result, Grande is requesting millions of dollars in damages, which may be tough for Forever 21 to come up with, if found liable, considering they are near the point of seeking bankruptcy protection.
Intellectual and entertainment law offer extensive protection to those who know how to utilize the statutes at their disposal. To successfully do so, though, those who own copyrights, trademarks, trade secrets, and strong personality rights need to make sure they are policing their property.
Otherwise, they may be losing out on money and suffering damage to their reputation without knowing it. For this reason, it is often wise to work closely with a skilled attorney who knows how to aggressively address these types of legal issues.