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Woody Allen Settles Right of Publicity for $5 million–Think Outside the Trademark Box
© Cheryl Hodgson 2009 | Posted on May 22, 2009
Woody Allen recently settled with American Apparel for $5 million over a 2007 billboard use of his image dressed as a rabbi from the film Annie Hall. The right of publicity is a property right, founded in common law and by statute in many states. The right allows celebrities to control use of their name, image and likeness for purposes of commercial use or endorsement. While not a trademark doctrine, there can be overlap. For example, if a celebrity name is also a registered trademark, and many are, then there may be both a trademark infringement and a right of publicity claim. Read the post: http://brandaideblog.com/branding/brand-protection-for-celebrities-public-figures-and-yes-even-regular-folk-with-a-product-or-service/
American Apparel claimed the first amendment right of free speech permitted its use on grounds it was a “satiric and social statement.” Since the case was settled on the eve of trial, that answer will not be resolved. One presenter at the INTA convention il was well advised to enter into the settlement. In Seattle earlier this week one presenter opined that “American Apparel was well advised to enter into the settlement. I don’t think the First Amendment defense would have gone very far.” Think Outside the Trademark Box.
The First Amendment however should not be used to avoid liability for conduct clearly using a celebrity image to promote a product without payment or consent.
Technorati Tags: Entertainment Law, right of publicity, trademark, Woody Allen
2 Comments »
June 1st, 2009 at 5:31 am
I think Woody was portrayed as a RABBI, not a RABBIT
Great info, BTW.
June 1st, 2009 at 10:07 am
Thanks, he’s now a Rabbi again!