From Prof Goldman’s Tech & Marketing Law Blog, a guest post by Prof Tyler Ochoa: Rationalizing (?) the Hart and Keller v. EA Sports Publicity Rights Rulings

Prof Goldman’s Intro:

It does a great job demonstrating that the interplay between the First Amendment and the publicity rights is completely anarchy, which isn’t surprising given that we don’t really understand what we’re trying to accomplish with the publicity rights doctrines in the first place. The post also raises the unexplained paradox why courts are more solicitous of publicity rights than Lanham Act claims, even though the latter involves consumer confusion/deception while the former doesn’t.