O.J. SIMPSON'S INTELLECTUAL PROPERTY

There may be some potential intellectual property issues now looming in the Simpson matter. He could have valuable copyright, trademark and "personality" rights. Suppose that O.J. Simpson loses one or more of the civil actions, which will be decided on the basis of a lower burden of proof, and without the necessity of a unanimous jury.

Perhaps a California lawyer or other knowledgeable person could enlighten the rest of us non-Californians and non-Americans on such issues as these:

1. What is the measure of possible damages for the victims' families/estates?
2. Are there any state statutes and is there relevant case law dealing with the exploitation of intellectual property by the alleged perpetrator of a crime? Does this apply where there has been an acquittal in the criminal system?
3. Does the situation depend on whether the exploitation is directly in connection with the crime, or otherwise? What if the perpetrator had celebrity status in any event?
4. Are there any major outstanding issues regarding federal preemption, first amendment conflict, etc.?
5. Is it possible in theory that injunctions or temporary restraining orders could be obtained in this type of situation?
6. Any suggestions for further reading?

My interest is purely academic.

Howard P. Knopf is an intellectual property lawyer in Ottawa,Canada. Phone: 613-761-1735
Fax: 613-761-1584
E-Mail: hknopf[_at_]magi.com Received on Thu Oct 05 1995 - 03:55:06 GMT