ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Intellectual Property Law Blogs -> Seattle Trademark Lawyer

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Intellectual Property Law

: Seattle Trademark Lawyer

No, Right of Publicity Statutes Prevent You from Using Britney's Face

By Michael Atkins

ADVERTISEMENTS

In the wake of American Apparel’s billboards featuring Woody Allen, and Mr. Allen’s lawsuit in response thereto, Mainstreet.com asks, “Can You Use Britney’s Face To Promote Your Bake Sale?” The short answer is no, not without her permission. The piece cites me as saying statutory and common law rights of publicity tend to protect celebrities and ordinary folks alike from the “un-consented use of someone?s name, voice, signature, and likeness and, it doesn?t only protect celebrities.”

?Celebrities usually deal with these issues the most because their images are everywhere but the law protects all people.?

The reporter asked an interesting question that didn’t make it into print: how can celebrities protect themselves from having their right of publicity violated? I thought that was a darn good question.

Here’s my response: the celebrity should (1) establish a strong licensing program that he or she can refer potential advertisers to (who then can decline the request), since the lack of any such program can encourage infringing look-a-like and sound-a-like ads; and (2) sue vigorously and publicly when his or her rights are invaded in order to deter future infringement. Other than that — and suing to enjoin violations before they occur — celebrities are mostly stuck with suing after the fact, assuming their state’s statute or common law remedies such a harm. Such is life on the A-list.

Washington is one of the twenty-or-so states that has a right of publicity statute. This weekend I’ll discuss our legislature’s recent amendments to RCW 63.60.010, et seq., which become effective in June.

Full post as published by Seattle Trademark Lawyer on April 04, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0025 secs (from cache 10/31/26 14:59:49)