The Marcus Perspective
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INTELLECTUAL PROPERTY STRATEGIST
Imagine the following two scenarios, and try to figure out what the real difference is. First, your competitor blatantly lies in its advertising about the effectiveness of its products; second, your competitor blatantly lies to a reporter about the effectiveness of its products, and the reporter publishes the lies in an article or in a magazine. It seems like the same situation, but it is not. With the first, you could sue for false advertising because the advertisement is commercial speech, whereas with the second, you cannot because the magazine article is non-commercial speech. A similar difference is presented if a newspaper uses a picture of a celebrity without the celebritys consent to highlight a news article, as opposed to a company using the same celebrity picture in a print advertisement, in the same newspaper, to promote the company. A breach of the celebritys right of publicity claim is not available against the newspaper because the news article is non-commercial, but is available against the company because the print advertisement is commercial. The rationale for both is that while the First Amendment fully protects non-commercial speech, it protects commercial speech in a significantly limited way.
THE MATRIMONIAL STRATEGIST
Although same-sex marriages and divorces can now be granted anywhere in the country, there are a few unanswered questions in Pennsylvania regarding how legal relationships between same-sex couples that are not marriages should be treated.