Is it a trademark infringement to use a copyrighted picture of myself that resembles someone famous?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it a trademark infringement to use a copyrighted picture of myself that resembles someone famous?
I have a copyrighted picture that resembles someone famous. As long as my name is on it and it’s copyrighted, can I still resell it, use it in print, etc without worry of trademark infringement?
Asked on July 29, 2010 under Business Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Possibly not. The issue is whether the picture would confuse people as to its origin--i.e. as to who it is. If confusion is likely--i.e. you look so much like celebrity X--then there might be violation of both trademark and also the celebrity's right to control his or her own image. Of course, this is a situation-dependent issue; if it's sufficiently obvious--e.g. you have your name and various disclaimers very prominently on the picture--then you may well be ok; but if there is any reasonable possibility of confusion as to whom the picture is of, then that's when difficulties could arise. So therefore, if you're hoping people would buy the picture because they think it's the celebrity, that's when you get into difficult ground.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.