Right of publicity notwithstanding (New York is very clear about it anyway, but since when does legal clarity deter lawsuits?), a well known public figure will always have 43(a) especially if she already does endorsements or licenses her name mark.  The fine line for a good lawyer to find is that between “trademark use” and mere use of an image not for commercial gain.  That may not exist in fact but we’re dealing with law not reality (OK, there are rare exceptions, like trademark surveys).  Although I would brag that I did use that argument successfully with very famous rock groups in my most recent corporate job.

Hey Marty!

Gene Bolmarcich, Esq.
http://www.trademaksa2r.com
http://smallbizmarks.blogspot.com/