Legal Question in Intellectual Property in New York

Trademark Question

I wish to do a low budget commercial video about a long deceased pianist. I have checked and his name/image was never trademarked. Do I still need to check with his estate? What if he doesn't have an estate?


Asked on 10/25/04, 3:41 pm

1 Answer from Attorneys
John Friedman Law Office of John K. Friedman

Re: Trademark Question

If the deceased has no living relatives/parties in interest then you have no real question: no one to ask, no one to give(deny) permission.

If, on the other hand, an estate/parties in interest exist, whether or not trademarked, you should seek permission due to the deceased's right of publicity.

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Answered on 10/26/04, 9:27 am


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