TRUMP & KAMALA NICHES SAFE? Lawyer Responds!

Summary

The transcript discusses the complexities of using celebrity and politician names on merchandise, touching on trademarks, copyrights, and the right of publicity. It highlights the fine line between political expression and commercial use, emphasizing the importance of not misleading consumers about the source of the merchandise. The conversation also points out that while campaigns may not always enforce their rights due to the promotional benefits, they could take action against misleading or official-seeming merchandise.

Takeaways

• 🛑 Celebrity names are often popular in merchandise, but this also applies to politicians like Trump and Kamala Harris.
• 🤔 The question arises whether political merchandise is a brand or an expression of political support.
• 🔑 The term NIL (Name, Image, and Likeness) is relevant here, referring to a person's right to control their commercial image.
• ⚖️ In some states, the right of publicity allows individuals to control how their image is used for commercial purposes.
• 🗣️ However, political merchandise may fall under Free Speech protection, provided it's not misleading about the source.
• 📢 Political expression through merchandise is generally allowed, but selling it might complicate the legal landscape.
• 🚫 Using campaign logos or official photos can cause legal issues if done without permission.
• 📸 For example, photos taken by journalists, like Trump's hand-up image, are owned by the photographer and require permission.
• 💼 Most political campaigns don't pursue legal action against unofficial merchandise because it often benefits their promotion.
• ⚠️ However, campaigns could act against misleading merchandise that falsely claims to be official, especially if it confuses the public.

Q & A

What is the significance of celebrity names being 'off the charts' in terms of merchandise sales?

Celebrities often have a high level of recognition and influence, which can drive demand for merchandise featuring their names or likeness. This popularity can lead to high sales of branded items.

Why are politicians' names like Trump and Kamala Harris also popular on merchandise?

Politicians' names become popular on merchandise due to their high public profiles and the strong sentiments associated with them, either positive or negative, which can drive supporters to purchase related items.

What is the concept of 'name, image, and likeness' as mentioned in the transcript?

The concept of 'name, image, and likeness' refers to the legal right of an individual to control the commercial use of their identity, including their name, image, and likeness, which extends beyond just trademarks and copyrights.

What is the 'right of publicity' and how does it relate to merchandise featuring celebrities or politicians?

The 'right of publicity' is a legal concept that allows individuals to control the use of their identity for commercial purposes. It relates to merchandise as it prevents unauthorized use of a person's name or likeness on products without their consent.

How does the concept of 'Free Speech' intersect with the use of politicians' names on merchandise?

Free Speech allows for political expression, which can include the use of politicians' names on merchandise. However, this is balanced against the right of publicity, and there can be legal disputes over what constitutes protected speech versus infringement.

What is the difference between using a campaign logo versus a funny one-liner from a politician's speech on merchandise?

Using a campaign logo might infringe on copyright and trademark laws, as these are often owned by the campaign. A funny one-liner, on the other hand, could be seen as a form of political expression and might be protected under Free Speech.

Why might a campaign not issue takedown notices for merchandise using their campaign logos or photos?

Campaigns might not issue takedown notices because the widespread use of their logos can be beneficial for promoting their message. However, they might take action if it appears that the merchandise is officially endorsed by the campaign.

What is the role of the photographer or journalist in the ownership of images used on merchandise?

Photographers or journalists often own the copyright to the images they capture, even if the subject is a public figure. They can issue takedown notices if their images are used without permission on merchandise.

What are the potential legal consequences of using a politician's image without permission on merchandise?

Using a politician's image without permission can lead to legal action for copyright infringement or violation of the right of publicity, potentially resulting in fines or an order to cease sales of the merchandise.

How can a campaign protect their brand from unauthorized merchandise?

A campaign can protect their brand by registering trademarks, copyrights, and asserting their right of publicity. They can also issue takedown notices and pursue legal action against unauthorized use of their brand on merchandise.

What is the impact of a robust marketplace of merchandise promoting a politician on their campaign?

A robust marketplace of merchandise can enhance a politician's visibility and public image, potentially increasing support and votes. However, it also requires careful management to ensure that the merchandise does not misrepresent the campaign's message or values.