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Trademark Law’s Protection for Image and Likeness . . . At Least If You’re Famous
The Supreme Court’s recent decision to deny certiorari in Electra v. 59 Murray Enters., Inc.,1 has left open questions as to the role “fame” or “public prominence” plays in protecting one’s identity or persona through false endorsement claims under the Lanham Act.
Everyone has a right of publicity, which prevents the unauthorized use of one’s name or likeness without his or her consent. This right of publicity arises under state law. When a celebrity’s image or likeness is used for commercial purposes without the celebrity’s consent, the celebrity will typically bring a misappropriation of likeness claim under these state laws.
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