Trademark Yourself: The Lanham Act and Likeness Protection in the Entertainment Industry

The Lanham Act is the federal statute at the center of nearly every trademark and brand protection dispute in the United States, and entertainment lawyers run into it constantly. From artist names and band marks to character trade dress and false endorsement claims, studios, labels, and talent are turning to the Act to shut down unauthorized use before it does real damage. The panel will then turn to one of the most closely watched developments in entertainment IP. When Matthew McConaughey registered “alright, alright, alright” as a sound mark and Taylor Swift filed to trademark her voice and likeness, both were attempting to address a problem copyright law was not built to solve. The panel examines whether the strategy holds up and whether there may be better solutions. Audio versions of Beverly Hills Bar Association programs are eligible for Self-Study CLE credit in California. Visit www.bhba.org/podcasts for more information.