Insights: Publications Grand Implications: The Use of Celebrity Look-Alikes in Advertising and the Interplay Between State Right of Publicity and Federal False Endorsement (Trademark Infringement) Claims
Celebrity lawsuits based on the use of look-alikes are nothing new, nor is the sheer brazenness of the defendant to go ahead with a campaign using a look-alike after negotiations with the genuine article failed. What does deserve some additional scrutiny from a legal perspective, however, is the interplay between the state-based celebrity right of publicity claim and a claim for false endorsement based on the federal Lanham Act. While these claims are often asserted simultaneously, as they were in Ariana Grande’s case, they vindicate different rights and have different burdens of proof.
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