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11-13-2012, 07:00 PM
  #664
DrinkFightFlyers
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It has nothing to do with the NHL, it is the law. You can't profit off of someone's name/likeness without their permission.

EDIT: And he probably could sue right now for the logo with the Giroux-esque face and the #28 and the name "G" on the back. It would just likely not go over very well with the fans and I am sure he probably doesn't care.

EDIT EDIT: Just a quick excerpt from a 2010 case (while it mention's NJ's laws and this theoretical case may or may not be in NJ, the laws are all 3rd Circuit laws which this case would be under (also most of the Circuits are pretty much in line with this))...

Quote:
"Succinctly put, '[New Jersey's] right of publicity signifies the right of an individual, especially a public figure or celebrity, to control the commercial value and exploitation of his name and picture or likeness and to prevent others from unfairly appropriating this value for commercial benefit.' McFarland v. Miller, 14 F.3d 912, 918 (3d Cir. 1994) (citations omitted) quoted in Prima v. Darden Rest., 78 F.Supp.2d 337, 348 (D.N.J. 2000); see also Jarvis v. A & M Records, 827 F.Supp. 282, 297 (D.N.J. 1993) ("The right of publicity generally applies to situations where the plaintiff's name, reputation or accomplishments are highly publicized and the defendant used that fact to his or her advantage."). Underlying this right is the theory that 'a celebrity has the right to capitalize on his persona, and the unauthorized use of that persona for commercial gain violates fundamental notions of fairness and deprives the celebrity of some economic value in his persona.' Prima, 78 F.Supp.2d at 349 (citing McFarland, 14 F.3d at 919); Castro, 370 N.J.Super. at 297 ("The foundation for this tort is recognition that a person has an interest in their name or likeness 'in the nature of a property right.") (quoting Restatement (Second) of Torts, 652C comment a.). Because celebrity status often translates to economic wealth, the unauthorized use of one's persona 'harms the person both by diluting the value of the name and depriving that individual of compensation.' Prima, 78 F.Supp.2d at 349 (citing McFarland, 14 F.3d at 919)."
Hart v. Elec. Arts, Inc., 740 F. Supp. 2d 658, 664 (D.N.J. 2010).


Last edited by DrinkFightFlyers: 11-13-2012 at 07:23 PM.
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