Balancing Right Of Publicity And The 1st Amendment

Law360, New York (July 9, 2010, 1:31 PM EDT) -- A late night television spot recently ran on ESPN with a gorgeous actress proclaiming, “Hi, I’m Lindsay and I’m addicted to milk. Isn’t that hot?” While the commercial may be entertaining, it could also mean big trouble for the corporation whose product is advertised in the commercial.

The cause for concern rests with an individual’s (usually a celebrity) right of publicity. Many state legislatures are currently struggling to craft laws that seek to balance the often divergent interests encapsulated in the right of publicity — with...
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