Toward a Limited Right of Publicity: An Argument for the Convergence of the Right of Publicity, Unfair Competition and Trademark Law.

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    • Abstract:
      The article discusses the right of publicity, unfair competition, and trademark law in the U.S. as of September 2012, focusing on an analysis of American intellectual property laws and privacy rights, as well as the legal right of an individual to control the commercial use of his or her identity. An overview of the development of the right to publicity in America is provided, along with an examination of the freedom of speech rights under the First Amendment to the U.S. Constitution.