Why did Edie Parker’s estate lawsuit end with finding the Lanham Act preempts rights of publicity?
A federal court presiding over a dispute between the Edie Parker brand and the Edie Parker estate decided that:
Federal trademark claims preempt state law claims over right of publicity;
Properly maintained trademark rights could not be easily abandoned in the face of common-law tort claims; and
State law could not be held above the full purposes and objectives of Congress.
Read about the Edie Parker right of publicity case against the Edie Parker brand owner.