Doug’s discussion on the panel “Right of Publicity: The Life and Times of a Professional Football (Soccer) Player” focused on the life of a fictional female soccer player from high school through college, the World Cup, eventually her professional soccer career, and then into her post-career life and death. Topics covered included basic publicity rights and emerging issues (i.e., NFTs, fantasy leagues, sports betting), the liability and damages associated with misuse of name and likeness and rights of publicity, First Amendment issues and international publicity rights. You can read the article wrap-up here.
Defamation implies some willful action against the company and its brand. Disparagement can result from the spread of popular stories and myths and may or may not be the result of actions taken by the company. Either way, the financial and economic impact can be substantial.
‘Defamation’ is defined as “the act of making untrue statements about another which damages his/her reputation. If the defamatory statement is printed or broadcast over the media it is libel and, if only oral, it is slander” (www.dictionary.law.com). ‘Disparage’ is defined as “to speak of or treat slightingly; to bring reproach or discredit upon, lower the estimation of” (www.dictionary.reference.com).
The article dives into the four factors that Nevium uses to evaluate the benefits of an endorsement. The four factors include:
Level of Celebrity
Level of Endorsement
Level of Use
Level of Connection
Using the factors, Nevium is able to determine if the celebrity is a strong fit with the endorsed product. These factors can be leveraged when companies are trying to figure out what personality to use with a product or for false endorsement lawsuits when a celebrity’s name and likeness has been used without permission.
Nevium has been featured in Forbes by Mary Juetten. Mary has written an article that explores Nevium’s expertise in using internet analytic tools to determine IP value and damages related to infringement of influencer marketing.
Mary’s article also includes a Q & A with Nevium’s principals, Doug Bania and Brian Buss. The topics are focused on being an entrepreneur and include discussions on how Nevium was formed and what problems Nevium are solving.