Are you thinking of the right of publicity? Which is similar but distinct from trademark. I found these overviews here and it also goes into depth on First Amendment issues.
Key elements that might apply in this case: "Is there a purposeful intent to injure the individual?"
Will the publisher derive financial gain from using an individual's identity? If yes, is the individual's identity used to convey newsworthy information of legitimate public concern?"
I'll have to do more digging to find out if the failure to defend ones claim for rights to publicity bars public figures from pursuing other claims. That is more often seen in Trademark law. Let me get back to you?
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branchandroot
right of publicity
Date: 2008-07-31 07:05 pm (UTC)http://www.publaw.com/rightpriv.html
http://en.wikipedia.org/wiki/Personality_rights
Key elements that might apply in this case: "Is there a purposeful intent to injure the individual?"
Will the publisher derive financial gain from using an individual's identity? If yes, is the individual's identity used to convey newsworthy information of legitimate public concern?"
I'll have to do more digging to find out if the failure to defend ones claim for rights to publicity bars public figures from pursuing other claims. That is more often seen in Trademark law. Let me get back to you?