The Right of Publicity prevents the unauthorized use of a person’s name or likeness or other recognizable aspect of one’s [persona. This is the right that permits a person to use their persona for commercial use or commerce. This right is not a Constitutional Right, but The (Second0 of Torts recognizes certain torts for invasion of privacy, false light, unreasonable publicity and misappropriation of name.
If a person can establish an aspect of their identity, such as Air Jordan (Mihael Jordan) for shoes they can take advantage of privacy provision in the Lanham Act and can establish a Trademark.
In this Section