Intellectual Property Law Questions Answered

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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.