Infringement of an intellectual property right typically occurs where there has been an unpermitted use of some creative or beneficial work.[FOOTNOTE 1] But what happens when that right is not a copyright, trademark or patent but is a more personal right?
In Haelan Laboratories Inc. v. Topps Chewing Gum Inc., a defendant used pictures of professional baseball players in its advertisements, in breach of contracts that the players had previously signed with the plaintiff.[FOOTNOTE 2] The court acknowledged the inherent right of individuals to market, license, or contract away their image or other identifying features for profit.[FOOTNOTE 3] The right to use the image of an athlete or other public figure, and the accompanying value of that image, is considered part of the “right of publicity.”[FOOTNOTE 4]
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