The recent problems with expanding personal rights under trademark law; new risks.
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- Trademarks are things that we use as brands.…They're words or designs that help consumers…know who the source of a product is.…While a person can use a name as a trademark,…the rights one gets from Right of Publicity Law…differ from trademark protection.…Imagine a celebrity who is asked to endorse a product.…The use of their face or their name…to endorse the product is a right of publicity.…Their name and their image are not trademarks…of the company, they're simply using their name…to tell consumers that this is a good product…and that they believe in it.…
However, when a celebrity uses their actual name…on a product, then they're not exploiting their right…of publicity, but creating trademark rights…that tie their name to a product as a brand.…Jessica Simpson is famous and has probably…been paid to endorse a variety of products,…but she also owns a shoe brand that literally…has her name on shoes as the brand for the shoes.…Trademark rights are tied to the use…of a brand on a good or service.…Right of publicity does not need to…
Intellectual property lawyer Dana Robinson guides viewers through these complex questions and more. He also addresses what constitutes infringement and discusses recent cases on rights of publicity and the first amendment, covering issues such as using a domain name, username, hashtag, or other "indicia of association" with someone's name.
DISCLAIMER: This course is taught by an attorney and addresses US law concepts that may not apply in all countries. Neither LinkedIn nor the attorney teaching the course represents you and they are not giving legal advice. The information conveyed through this course is akin to a college or law school course; it is not intended to give legal advice, but instead to communicate basic information to help viewers understand the basics of intellectual property.