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by Terr_
275 days ago
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> not the [historical figure] actual names, as that falls under the "right of publicity" IANAL but I don't think it'd be blocked for that reason: "Right of publicity" is a per-state affair, where it exists it may not be posthumous, where it is posthumous it may not include historical figures, and even if it could apply, there's there's no credible estate/heir of Jesus Christ with standing. ... But I gotta admit it would be amusing to watch someone try to fill that role. As an example, see Pirone v. MacMillan [0], where there was no posthumous "right of publicity" for Babe Ruth's daughter to draw upon. (At least, not back then.) [0] https://law.justia.com/cases/federal/appellate-courts/F2/894... |
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Notably, from your link:
> Therefore, a trademark is "not property in the ordinary sense," but only a word or symbol indicating the origin or source of a product.
> Although its registration is limited to the words "Babe Ruth," Pirone would have us read her rights in that word mark to include every photograph of Ruth ever taken. We decline to do so.
The product in question didn't use Babe Ruth's name in any way implying an endorsement or origination of the calendar; it merely included some pictures. The ruling determined that trademark does not apply here.
Pictures have been deemed eligible for copyright, but that's neither here nor there. The name "Jesus Christ" is not eligible for trademark.