Book contents
- The Cambridge Handbook of International and Comparative Trademark Law
- The Cambridge Handbook of International and Comparative Trademark Law
- Copyright page
- Contents
- Editors and Contributors
- Foreword
- Preface
- Part One International Aspects of Trademark Protection
- Part Two Comparative Perspectives on Trademark Protection
- I The Nature and Functions of Trademarks
- II Signs That Can Be Protected as Trademarks
- III Public Policy Limitations of Trademark Subject Matter
- IV The Relationship between Trademarks and Geographical Indications
- V Certification and Collective Marks
- VI The Relationship between Trademark Law and Advertising Law
- VII The Relationship between Trademark Law and the Right of Publicity
- 21 Commercial Exploitation of the Human Persona in the United States
- 22 Commercial Exploitation of the Human Persona in European and French Law
- VIII Trademarks and Domain Names
- IX Overlapping Rights
- X Theories Underlying the Standards for Trademark Infringement
- XI Trademark Dilution
- XII Secondary Trademark Liability
- XIII Trademark Defenses
- XIV The Principle of Exhaustion of Trademark Rights
- XV Trademark Transactions
- Index
22 - Commercial Exploitation of the Human Persona in European and French Law
Who Needs Trademarks When You Have Personality Rights?
from VII - The Relationship between Trademark Law and the Right of Publicity
Published online by Cambridge University Press: 18 September 2020
- The Cambridge Handbook of International and Comparative Trademark Law
- The Cambridge Handbook of International and Comparative Trademark Law
- Copyright page
- Contents
- Editors and Contributors
- Foreword
- Preface
- Part One International Aspects of Trademark Protection
- Part Two Comparative Perspectives on Trademark Protection
- I The Nature and Functions of Trademarks
- II Signs That Can Be Protected as Trademarks
- III Public Policy Limitations of Trademark Subject Matter
- IV The Relationship between Trademarks and Geographical Indications
- V Certification and Collective Marks
- VI The Relationship between Trademark Law and Advertising Law
- VII The Relationship between Trademark Law and the Right of Publicity
- 21 Commercial Exploitation of the Human Persona in the United States
- 22 Commercial Exploitation of the Human Persona in European and French Law
- VIII Trademarks and Domain Names
- IX Overlapping Rights
- X Theories Underlying the Standards for Trademark Infringement
- XI Trademark Dilution
- XII Secondary Trademark Liability
- XIII Trademark Defenses
- XIV The Principle of Exhaustion of Trademark Rights
- XV Trademark Transactions
- Index
Summary
Celebrities’ commercial interests seem well – and even very well – protected in US law. One can even wonder if there is not an excess of protection. Chapter 21 in this volume, authored by David Tan, is entitled: “Who Needs Trademarks When You Have the Right of Publicity?” The critical scope of this question seduces the civil law specialist, who indeed wonders whether US law has not gone too far in protecting celebrities. The civil law specialist is very surprised to learn that in the United States, a celebrity can control the commercial use of their physical postures, of body parts or even of their car! Viewed from the other side of the Atlantic, it seems that in the United States it is easier to acquire a right of publicity than an intellectual property right.
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- Publisher: Cambridge University PressPrint publication year: 2020