Right of publicity
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A right of publicity
Compared with False Endorsement
A claim for false endorsement can exist when there is no claim based on a right of publicity:
| “ | The Movants also implicitly suggest that false endorsement claims premised on a celebrity's persona are tantamount to non-cognizable right of publicity claims. (X1X Br. 6). However, this argument ignores existing case law recognizing that Section 43(a) of the Lanham Act provides celebrities with a mechanism for asserting false endorsement claims. See e.g., Bruce Lee Enters., LLC v. A.V.E.L.A., Inc. ("Bruce Lee I"), No. 10 Civ. 2333 (LTS), 2011 U.S. Dist. LEXIS 36406, 2011 WL 1327137, at *5 (S.D.N.Y. Mar. 31, 2011) (collecting cases); Fifty-Six Hope Rd. Music, Ltd., 778 F.3d at 1072-73 (recognizing that celebrity false endorsement claims are distinct from right of publicity claims). To be sure, these cases are not precedential; however, the Court believes their reasoning to be persuasive and will adopt it here. | ” |
A.V.E.L.A., Inc. v. Estate of Marilyn Monroe, 131 F. Supp. 3d 196, 205 (S.D.N.Y. 2015).