<b><i>Persona Rights on Trial</b></i> Inside the Nevada Litigation by Bob Marley's Heirs Against the Unauthorized Use of Marley's Image

Lanham Act As Alternative to Right to Publicity

The jury awarded the plaintiffs $300,000 in actual damages on their interference claim. Also, District Judge Phillip Pro issued a permanent injunction. In a second phase scheduled to commence shortly, Judge Pro will decide the amount of profits earned by the defendants as result of their infringing activities that are to be disgorged in favor of the plaintiffs (an amount estimated at approximately $3 million), as well as the issue of “enhanced” damages under the Lanham Act based on the jury's finding of willful infringement. This jury verdict confirms that under certain circumstances a celebrity association claim under the Lanham Act is a powerful addition or alternative to a state right of publicity claim, including, based on the enforcement of a federal statute, the advantage of being able to obtain a nationwide injunction. The verdict also serves as a cautionary tale to indemnified licensees, namely, that they risk a finding of willful infringement if, in reliance on their right of indemnification, they turn a blind eye to whether their licensor owns the rights it purports to license.