Legal Question in Entertainment Law in California
Can I use a famous name for personal profit?
Can I use the name of a professional entertainer or athlete for personal profit?
Consider this example, if I wanted to create and sell a bumper sticker that said: ''Kobe Bryant is the best'' would I need permission from Kobe or the Lakers?
Thanks,
tb
2 Answers from Attorneys
Re: Can I use a famous name for personal profit?
No you can't. You need written consent from Kobe, the Lakers and the NBA. That's law. If you do, your going to get sued by all three.
Re: Can I use a famous name for personal profit?
Kobe has the exclusive right to use his name and likeness for "pecuniary gain" or profit. You must pay him a licensing fee in order for you to use his name or his picture. There are a few exceptions. For example, if you were reporting a news item and Kobe was legitimately the story of the moment, you could use both his name and his picture as it pertains to that story without paying him anything. But a bumper sticker is definitely commerce. Pay the license fee to avoid liability.
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