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Strategic Intellectual Property Litigation, The Right Of Publicity, And The Attenuation Of Free Speech: Lessons From The Schwarzenegger Bobblehead Doll War (And Peace), William T. Gallagher

Publications

The "right of publicity" is an unusual, relatively under-developed, and controversial form of state-law created intellectual property that protects against the unauthorized appropriation of one's likeness, image or identity. Even in California, with its prominent entertainment and celebrity industries, the right of publicity has many vague and uncertain contours and its scope remains undefined In particular, one issue that remains unclear in California (and in most other jurisdictions that recognize rights of publicity) is the proper balance between rights of publicity and First Amendment rights of free speech and expression. This issue was squarely and dramatically raised by the ODM …