Image use case against MoonPie maker dismissed

The Tennessee Court of Appeals has ruled that the use by the makers of MoonPies and RC Cola of a more than 30-year-old photograph did not violate the rights of the area resident depicted. Bradley Wells had sued CBI and Dr. Pepper Snapple Group two summers ago, claiming the companies had, among other things, violated the Tennessee Consumer Protection Act and unjustly enriched themselves off his image. But the defendants won the day both in trial court and before the appeals judges by arguing that the case centered on federal copyright issues and this couldn't be heard in local courts.

Bone McAllester Norton attorney Stephen Zralek writes here about how he helped win the case.

This case highlights the intersection between the right of publicity and copyright, serving as a reminder that questions of preemption are always decided on a case by case basis.  Not all photographs qualify for protection under either copyright law or the right of publicity; sometimes they invoke rights under one body of law, sometimes both and sometimes neither.  The legal nuances surrounding copyright and the right of publicity are complicated, rapidly evolving and sometimes overlapping.

Apr 15, 2014 7:12 AM

Chief brand officer leaves Mapco after three months

Tony Altizer recently left his position at chief brand officer at Mapco Express just a few months after joining the convenience store chain. Altizer, who joined Mapco from Shell's retail marketing group and before that was president of Jiffy Lube International, is now running fast casual chain Elevation Burger. COO Tony Miller tells CSP Daily News' Steve Holtz that Altizer's departure changes nothing in terms of Mapco's strategy.

"We are focused on growing our new-to-the-industry stores, which are 5,000 square feet with a significant emphasis on foodservice" Miller said. “There is no change in that. We are staying very consistent with our strategy."

To help, the chain hired—prior to Altizer exiting the company—Andy Scoggins, vice president of foodservice, with 18 years of experience in fast-casual dining at the Ruby Tuesday chain. He is currently on-boarding at Mapco and evaluating the current foodservice offer.

Apr 11, 2014 7:16 AM

20|20 Research targets $1.9M investment with move to downtown

Service company expects to add 96 employees during next four years
Apr 8, 2014 11:23 AM

Revive lands growing health care manager

Locally based health care marketing firm ReviveHealth has secured as a client Valence Health, a Chicago-based population health manager. Eighteen-year-old Valence markets technology and consulting services that help providers improve the value of their care. The Holmes Report has more info on the contract, including details on Valence's strong 2013, which included hiring more than 100 people.

Mar 25, 2014 12:28 PM

Genesco brand to sponsor summer festival tour

Genesco executives have signed a three-year agreement to have their Journeys brand sponsor the 42-date Vans Warped Tour starting this summer. As part of the deal, Journeys will sponsor one of the music festival's stages and activate the events through its 800-store network.

"By signing a three-year deal to be the presenting sponsor of the Vans Warped Tour, we are able to build a long-term music strategy that aligns perfectly with one of our top brand partners, Vans," said Jim Estepa, president and chief executive officer of the Journeys Group. "We plan to bring this tour to life across all of our channels and celebrate the partnership with both our consumers and employees through special on-site, digital and in-store activations."

Mar 19, 2014 11:04 AM

Predators strike naming rights deal for Antioch rink development

The Nashville Predators desire to drive more people into hockey got a boost Tuesday from Mid-South Ford Dealers when the sides announced a naming rights agreement for the ice rinks currently under development at Global Mall at the Crossings.

An official name for the project being developed and will be released at a later date. The facility at the former Hickory Hollow Mall is scheduled to open in August.

From the naming rights agreement release:

The rinks will be a springboard for creating new fans, ensuring more and more kids have the opportunity to get a hockey stick in their hands at an early age, as well as contribute to economic development in Southeastern Davidson County.

“Like the Nashville Predators, the Mid-South Ford Dealers are known for their commitment to community development in Middle Tennessee, and that is what makes this the perfect partnership," Nashville Predators Executive Vice President Chris Parker said. “Partnering with a world-renowned corporation like Ford will only strengthen our efforts to grow hockey and the economy in the Nashville area, and it demonstrates their continued belief in our product and organization."

Mar 4, 2014 9:50 AM

MPW '14: Marketing motorsports

Bridgestone's Lisa Boggs melds communications with racing
Mar 2, 2014 2:11 PM

In Charge '14: Marketing & PR

Mar 2, 2014 1:45 PM

BOHAN promotes industry veteran to senior VP

Position is new for advertising agency
Feb 25, 2014 7:00 AM

GS&F promotes two to EVP

Execs joined in '11 as creative director, Bridgestone team leader
Feb 21, 2014 1:58 PM