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来源：百度知道 编辑：UC知道 时间：2024/09/28 08:45:56
The Right Of Publicity
Famous individuals have not long had or even long laid claim to a property right in their identities. In 1899, the widow of Colonel John Atkinson, described as a "well-known lawyer and politician," sued to prevent the marketing of a "John Atkinson Cigar," bearing her late husband's likeness on its label. The Michigan Supreme Court, which disapproved of the defendant's conduct, declined to recognize an enforceable right. In another well known case, the Fifth Circuit Court of Appeals dismissed the case of a well-known plaintiff, David O'Brien, a professional football player, whose photograph was being utilized to endorse the sale of beer. Even though O'Brien was morally opposed to alcohol, the Court determined that he had valid cause of action.
Famous individuals have not long had or even long laid claim to a property right in their identities. In 1899, the widow of Colonel John Atkinson, described as a "well-known lawyer and politician," sued to prevent the marketing of a "John Atkinson Cigar," bearing her late husband's likeness on its label. The Michigan Supreme Court, which disapproved of the defendant's conduct, declined to recognize an enforceable right. In another well known case, the Fifth Circuit Court of Appeals dismissed the case of a well-known plaintiff, David O'Brien, a professional football player, whose photograph was being utilized to endorse the sale of beer. Even though O'Brien was morally opposed to alcohol, the Court determined that he had valid cause of action.
宣传权
著名的个人不长了，甚至声称只要下岗财产权他们的身份。在1899年的遗孀上校约翰阿特金森，称为“著名的律师和政治家， ”提起诉讼，以防止市场的“约翰阿特金森雪茄， ”同时她已故丈夫的肖像在其标签。密歇根州最高法院拒绝的被告的行为，拒绝承认一个强制执行的权利。在另一个众所周知的情况下，第五巡回上诉法院驳回的情况下，众所周知的原告，大卫奥布赖恩，一个职业足球运动员，他的照片被用来赞同出售啤酒。尽管奥布莱恩是在道义上反对酗酒，法院判定，他有效的行动的原因。