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Celebrity Name or Likeness

By ALM Staff | Law Journal Newsletters |
May 30, 2007

False-Sponsorship Claim. The U.S. District Court for the Western District of Wisconsin ruled against actor Andy Griffith in his federal Lanham Act suit against an individual who changed his name to 'Andy Griffith' and ran for county sheriff. Griffith v. Fenrick, 06-C-635-S. The defendant had used 'Andy Griffith for Sheriff' on campaign goods and cited the town of Mayberry, NC, from the popular 'Andy Griffith' 1960s TV show in his political campaign. Actor Griffith lent his name to North Carolina political campaigns.

The district court noted: 'It is likely that defendant's use of the name Andy Griffith in his campaign would cause potential voters to connect it to the famous actor and to his famous sheriff character. However, there is no basis or evidence to suggest the leap to confusion as to sponsorship by plaintiff ' Defendant's speech was not commercial. The use of the Andy Griffith name was not to propose a commercial transaction but to seek elective office, fundamental First Amendment protected speech.'

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