Re: Right of Publicity - what constitutes "identity"?

Subject: Re: Re: Right of Publicity - what constitutes "identity"?

Comments:
: : I have read about how the Right of Publicity protects the use of a person's "name" or "likeness". However, everything I've read fails to accurately define those terms. Where is the line drawn at use of a name? For example, if I made a shirt that said: : : "We love Michael Jordan" : : Then that would obviously be infringing on his Right of Publicity. However, what about: : : "We love Jordan" : : From what I've read, it seems that last names can still be construed as violating someone's Right of Publicity, even though I could be talking about thousands of different Jordans. OK, so what about: : : "We love Mike" : : So what about this??? I could literally be talking about any one of a million different Mikes. Could any one of them challenge me for violating his Right of Publicity? : : Also, I'm talking about nothing but a blank shirt with text. I would assume that if I put Jordan's number, 23, on the shirt, then that would further clarify which Mike I was talking about and further put me at risk of violating Mr Jordan's Right of Publicity. Correct or not? : : Would the rest of my merchandise have any bearing on it? For example, if my place was called "The Name Store" and I had shirts with all kinds of "We love XXXX" shirts, would that be ok, whereas if my store was all Chicago Bulls-related merchandise, it wouldn't, because you could infer from the surrounding items that the Mike I'm referring to was Jordan. It seems almost ridiculous to think that a shirt could be acceptable in one setting but not in another. Is this the case? : : If anyone can give me links that clearly explain this, I'd be much appreciative. : Dear Steve, : Free speach is one thing, commercializing on the rights of another is another thing. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 3008 Johnson Ave., New York, NY 10463 : 7185430266, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check® :

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