Disclaimers: The Solution to Source Confusion in Sports Merchandising?
William Wheeler This Article evaluates the ramifications of modern trademark law in the context of sports apparel and logos. Collegiate and professional sports teams have utilized modern trademark law to enact a licensing regime where third-party companies must pay royalties to produce apparel with collegiate logos. This regime assumes the inherent value of trademarks on sports apparel is derived from their association with the teams they represent, not the logo itself. This Article examines various approaches courts have taken to address the dichotomy between the necessary consumer association and the reality that the logos themselves are what draw consumers. Most...
The Presidential Right of Publicity
Sean T. Masson Although the right of publicity has historically been a cause of action invoked by celebrities to protect themselves from an extensive range of conduct, the question remains whether non-traditional celebrities deserve the same rights. Can President Obama protect against the unauthorized use of his image since he has arguably attained celebrity-like status? I believe the answer is, to modify the President’s campaign mantra, “Yes [He] Can.” This Essay briefly discusses the application of the right of publicity to President Obama and concludes with suggestions on how he should protect that right. As evidenced by the multi-million dollar...