Let’s assume someone wants to sell a Michael Vick chew toy.”
Discuss the rights of the parties.
INTA brief in Chewy Vuitton.
UPDATE: My Moses & Singer colleague, Mitch Bernstein, licensing/branding expert to the stars, writes:
“While I think a Michael Vick chew toy might be a clever exploitation of Vick’s predicament, I don’t think the circumstances and satire involved will overcome the Right of Priovacy/Publicity laws of many states. Last I heard, there was no exception for confessed felons (though Mr. Vick may have difficulty obtaining the sympathy of almost any judge hearing such a case). Arguably, if the face was more of a caricature and iof his whole name was not used on or in conjunction with selling the toy. there would be more breathing room for sellers.”