This Article examines the overlaps between the right of publicity and rights granted by trademark law and other deception-based restrictions on the use of names and symbols. It shows that the right of publicity creates a more expansive right rooted in a variegated normative soil with elements of privacy, personhood, and property. The Article suggests a proper scope for the right of publicity that protects free speech. The issue of descendibility is also discussed.
Daniel Gervais and Martin L. Holmes,
Fame, Property & Identity: The Purpose and Scope of the Right of Publicity,
25 Fordham Intell. Prop. Media & Ent. L.J. 181
Available at: http://ir.lawnet.fordham.edu/iplj/vol25/iss1/4