Legal Question in Intellectual Property in North Carolina

I have a t-shirt design thats on etsy that's a photo of a minor celebrity with a major celebrity signature. The photo is of a minor celebrity (C1) with the signature superimposed on it of a major celebrity (C2). The music group representing C2 laid a 'trademark infringement' and my design was taken down from etsy. Is using a publicy available name signature style a trademark infringement?


Asked on 8/29/23, 9:50 am

1 Answer from Attorneys
Frank Natoli Natoli-Legal, LLC

I'm not so sure this is really a trademark claim. I think you could be violating their right of privacy and publicity, which are state governed laws that vary. These kick in when one uses the name, image or likeness of another (especially a famous person) to help sell or promote a good or service. Many states even extend these rights to deceased persons ranging from 10-100 years after they pass.

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Frank

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Answered on 8/29/23, 10:49 am


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