Re: Right of Publicity: was RE: Photographs of homes

Shelly Warwick wrote, regarding the Rock'n'Roll Hall of Fame:
>
> I believe that the publicity right is the right to control ones own
> persona, i.e. not have a celebrity's picture placed next to a product
> without permission, etc. Does a corporate entity have the same right
> to protect its persona or does it only come under trademark, and if so
> was the building registered as a trademark?"

As has been discussed elsewhere in this thread, the right of publicity has, in numerous instances, extended beyond "one's own persona" to physical objects and features that are arguably ATTRIBUTES of that persona---a voice, a hairstyle, a car, a motorbike, etc. It remains to be seen whether a corporate entity is a "persona" for purposes of right of publicity; I believe thus far the right has been attributed only to individuals. The RnRHoF action was presented as a trademark, not a right of publicity, claim. I don't know whether the image of the building was registered as a trademark or not; I suspect it was. But the question is irrelevant, since trademark rights arise from use, not from registration.

Bob Cumbow
<cumbr[_at_]perkinscoie.com> Received on Wed Feb 12 1997 - 18:31:05 GMT