Legal Question in Intellectual Property in Kentucky

celebrity ''likeness''

My friend drew a ''logo'' which was inspired by a ''celebrity'' (a contestant on a reality show). The drawing in question is in a photobucket album, if you can take a look (I was not able to put the URL here, but you can go to the photobucket site and enter ''blaker dreadhead'' in the search field--it's the only item there).

To me, this drawing is so ''generic'' that it's not really a likeness of anyone (even though it was inspired by a ''celebrity'' with dreadlocks). The drawing was created as a logo for a group of fans. My friend then sold items using her drawing (such as coffee mugs, T-shirts, pins, etc.). Now the celebrity is saying she must stop selling these items because it is using his ''likeness.'' I think it's her own artistic creation and she should be able to do with it as she pleases. OH! I need to mention that my friend did copyright this drawing before she began to sell her products.

Thanks very much for your help!

(please note that my friend lives in Kentucky and I live in Oregon, and the celebrity is a resident of Texas).


Asked on 9/23/08, 9:55 pm

1 Answer from Attorneys

Johm Smith tom's

Re: celebrity ''likeness''

I agree with you about the drawing. But if the celebrity is named Blaker your friend may have a problem. Let me know if your friend wants to talk about this.

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Answered on 9/24/08, 12:23 am


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