Trademark 101: Right of Publicity in Trademark: no face no fame!

#trademark

Imagine you’re sipping a cool drink in a bustling market, and you spot a t-shirt with your smiling face plastered next to the words “Smoothie King.” Flattering? Maybe. Legal? That’s where the right of publicity comes in.

The right of publicity is like having a lock on your bedroom door, but instead of keeping your annoying sibling out, it keeps businesses from using your face, name, or other personal bits to sell stuff without your permission. It’s a part of trademark law, a magical realm where your identity is considered your castle, and only you hold the keys—unless you hand them out like candy.

Let’s say you’re Mr. Bean – universally recognized, and loved for your hilarity, and your face is a meme goldmine. If a local coffee shop slaps your puzzled expression on their billboard with "Bean’s Brew" without asking, they’re cashing in on your fame without cutting you in on the deal. That's a no-go in the world of trademarks.

But what if you're not famous? Well, the right of publicity still has your back. Imagine you won a local chili cook-off, and suddenly your face is on flyers advertising the hottest (literally) chili in town. Charming? Yes. Legal? Only if you agree to it.

So, whether you're a meme legend or the neighborhood chili champ, your identity is your own personal brand. The right of publicity ensures that if anyone wants to make a buck off your good looks or sparkling personality, they’ll need to get your okay first. Otherwise, they might just find themselves in a legal soup—spicier than your award-winning chili!