What’s the Difference Between Publicity Rights & Trademark Rights?

Though publicity rights and trademark rights are similar, they are not one and the same. 

Both publicity rights and trademark rights relate to the control of a certain image, and whether said image is endorsing something or not, whether it be the visage of a living or dead human being or a symbol or word. Eli Manning’s face cannot be used to sell weaponry without his permission – this would be a violation of his publicity rights, since the New York Giants quarterback controls his own image and whether it is used to endorse certain products, campaigns, etc. It is probable that Manning would not appreciate the false impression that he in some way approves the sale of something controversial such as weapons. Similarly, the New York Jets’ logo also cannot be used to sell weaponry. Chances are, the organization also would not be fond of its image being used in a gun advertisement or something of the sort. 

For the full article please visit its original source at,  http://sportsentertainmentattorney.com/whats-the-difference-between-publicity-rights-trademark-rights/

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