Trademark and Unfair Comp. Boston College Law School November 16, 2004 Attribution & Publicity

Gilliam v. ABC

Dastar v. Twentieth Century Fox

Parks v. LaFace

Publicity Sources of Law –Lanham Act § 43(a) –State right of publicity statutes –State common law right of publicity

State Law - Example Cal Civ. Code 3344 –(a) Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products … or for the purposes of advertising products, … without such person’s prior consent … shall be liable for any damages …” Common Law Right of Publicity –Appropriation of celebrity’s identity for commercial purposes

White v. Samsung

Other Examples Other examples –Unauthorized news story or biography –Here’s Johnny portable toilets –Mimicking James Earl Jones’s Voice –Band leader using Guy Lombardo’s gestures –Joe Montana poster in a newspaper –Car ad with trivia question re: Lew Alcindor –“Car has quicker moves than Michael Jordan” –Painting of Tiger Woods at Augusta

Hypo

Justifications Utilitarian justifications –Incentive for creativity and achievement –Preserve value of identity as a marker –Prevent consumer deception and confusion Labor-desert –Reward labor and hard work –Prevent unjust enrichment Personality theory –Protect interest in controlling own identity

Administrative Details Next Assignment –VII.E - Cybersquatting