Jan 172011
 January 17, 2011  Posted by  Court

One type of privacy claim is the right of publicity.  In some states, the right of publicity survives death, as noted in a recent blog post on Copylaw about a case involving Einstein costumes. Now Michael Atkins reports on a case in Washington State:

Tomorrow Western District Judge Thomas Zilly will consider the constitutionality of RCW 63.60, Washington’s Personality Rights Act.

This is in the Experience Hendrix, LLC v. HendrixLicensing.com, Ltd. case, in which the Jimi Hendrix Estate’s licensing company sued the seller of Jimi Hendrix-oriented artwork (discussed here and here).

Among other things, plaintiff claims the defendant violated Washington’s right of publicity statute, as amended in 2008, which states the right of publicity recognized in this state “does not expire upon the death of the individual or personality, regardless of whether the law of the domicile, residence, or citizenship of the individual or personality at the time of death or otherwise recognizes a similar or identical property right.”

Read more on Seattle Trademark Lawyer. The blog entry was written on the 12th, which means the case has already been heard. Hopefully, he will follow up with more on what happens.

H/T, @MarieAndreeW

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