In Part I, this Comment will address both artistic and entertainment industry issues relating to using celebrity names and images in creative works. Part II will discuss the relationship between state right of publicity and privacy claims, and federal trademark law. Part III will discuss the Lanham Act's history and purpose, including its traditional applications and recent amendments. Part IV will address the First Amendment issues raised when creative works use celebrities' names and images. Part V will address the three tests courts use to balance section 43(a) Lanham Act claims and First Amendment rights. Part VI will advocate the consistent use of the Rogers test as a low threshold to remove artistic works from the trademark regulation regime.
False Endorsement or First Amendment?: An Analysis of Celebrity Trademark Rights and Artistic Expression,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol41/iss4/22